• Provide structural engineering services for potentially hazardous situations, such as seismic activity, landslides, and erosion
The RFQ for On Call Consulting Services was released on February 27, 2023. Three SOQ’s were submitted by the due date of April 21, 2023, for the Structural Engineering category. Staff reviewed the SOQ’s and ranked each firm by scoring them based on the following criteria as listed in the RFQ:
• Firm’s relevant experience and familiarity with issues applicable to the City’s needs (50%) • Qualifications of the firm and assigned individuals (25%) • Fee Structure and cost effectiveness of the consultants (15%) • Reference Checks (10%)
The three firms, IMEG, Mark Thomas & Company, Inc., and ZFA Structural Engineers were evaluated and deemed to possess all the requested areas of expertise listed above, have recent experience handling on-call services for municipalities, are available to commence services immediately, and have resources and staffing to complete assignments on a timely basis.
With increasing costs and urgent needs, staff recommends authorizing the City Manager to execute agreements with the three firms listed above to provide on-call structural engineering services in the amount not to exceed $500,000 for each contract.
Each of the firms have been notified that they are being recommended for a contract in the amount not to exceed $500,000 over the life of the contract. The contracts will have an expiration date of June 30, 2026, with two one-year options to extend. The specific scope of services, schedule, and cost of work will be defined through statements of work for each assignment executed between the City and the consulting firm prior to work commencing on an assignment.
This action will authorize the City Manager to execute agreements that will establish a pool of professional consultants under contract with the City through June 30, 2026, with an option to extend the agreements for two one-year periods.
FISCAL IMPACT
This proposed action will not have any direct impact on General Fund. Funds to pay for these as-needed consultant services will come from Council approved budgets.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. Reso - Award Agreements for Structural Engineering_CAOStamp
2. IMEG - On-Call Design Professionals Agreement - Structural Engineering
3. Mark Thomas - On-Call Design Professionals Agreement - Structural Engineering Date: September 12, 2023
Subject: ADOPT A RESOLUTION AWARDING DESIGN PROFESSIONAL SERVICES AGREEMENTS TO IMEG CORPORATION, MARK THOMAS & COMPANY, INC.,
AND ZFA STRUCTURAL ENGINEERS FOR STRUCTURAL ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $500,000 EACH AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAME
4. ZFA - On-Call Design Professionals Agreement - Structural Engineering
CONTACT
Melissa Tigbao, P.E., Public Work Director, 707-648-4433 [email protected]
RESOLUTION NO. 23- _____ N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO
AWARDING DESIGN PROFESSIONAL SERVICES AGREEMENTS WITH IMEG, MARK THOMAS & COMPANY, INC., AND ZFA STRUCTURAL ENGINEERS FOR STRUCTURAL
ENGINEERING SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
WHEREAS, the ability to bring in consultants on an on call, as needed basis allows the Public Works Department to provide better customer service to the public and better manage workload to deliver projects in a timely manner; and
WHEREAS, the City anticipates using contract services of consultant firms to perform work on various structural engineering related projects and efforts in the City of Vallejo; and WHEREAS, on February 27, 2023, the City of Vallejo Public Works Department published a Request for Qualification for On-Call Consulting Services covering eleven specialties to obtain the necessary qualified consultants to complete projects in a timely and high-quality manner; and
WHEREAS, three statements of qualification were received by the due date of April 21, 2023, for structural engineering; and
WHEREAS, all three firms, IMEG, Mark Thomas & Company, Inc., and ZFA Structural Engineers were deemed to possess all the requested areas of expertise, have recent experience handling on-call services for municipalities, are available to commence services immediately, and have resources and staffing to complete assignments on a timely basis; and WHEREAS, Public Works staff recommends awarding Design Professional Services Agreement to the listed professionals with each agreement not to exceed $500,000 for the full life of the agreement, and having an expiration date of June 30, 2026, along with an option to extend for two one- year increments; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo hereby awards a Design Professional Agreement to the following three firms: IMEG, Mark Thomas & Company, Inc., and ZFA Structural Engineers for Structural Engineering Services in an amount not to exceed $500,000 each for the full life of each agreement.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to sign said Design Professional Agreements with any modifications recommended by the City Attorney and the City Clerk to attest the signing thereof.
Adopted by the City Council of the City of Vallejo at a regular meeting held on September 12, 2023, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ROBERT MCCONNELL, MAYOR
ATTEST:
______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 1 of 11
DESIGN PROFESSIONAL SERVICES AGREEMENT
This Design Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 13th day of September 2023, by and between the City of Vallejo, a municipal corporation ("City"), and IMEG, a New York Corporation, hereinafter referred to as Design Professional, who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Design Professional shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”
2. Payment. City shall pay Design Professional for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Design Professional for services rendered pursuant to this Agreement.
3. Facilities and Equipment. Design Professional shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4. Indemnification. To the fullest extent permitted by law, Design Professional shall hold harmless, defend (with independent counsel approved by City) and indemnify City and its officers, employees and volunteers from and against all claims, damages, losses, penalties, fines and judgments and expenses and defense costs, including but not limited to attorney fees, court costs, associated investigation and administrative expenses, regardless of the nature or type arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Design Professional, or the acts or omissions of an employee, agent or subcontractor of the Design Professional, except where caused by the active negligence, sole negligence, or willful misconduct of City. In no event shall the cost to defend charged to the design professional exceed the design professional’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to the duty and cost to defend shall not apply to either of the following: 1) Any contract for design professional services, or amendments thereto, where a project-specific general liability policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their
Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 2 of 11 professional services on a primary basis, 2) A design professional who is a party to a written design-build joint venture agreement.
The provisions of this Section are not limited by the insurance provisions of this Agreement.
The provisions of this section shall survive the completion of the services, expiration or termination of this Agreement.
5. Insurance Requirements. Design Professional agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Design Professional.” Failure to maintain required insurance at all times shall constitute a default and material breach.
6. Accident Reports. Design Professional shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses and telephone numbers of any known witnesses, (c) the date, time and description of the accident or other occurrence.
7. Conflict of Interest. Consultant warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Consultant’s family, business, real property or financial interests and the services to be provided under this Agreement. Consultant shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Consultant’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Consultant shall disclose such conflict in writing to City. Every individual who performs services on behalf of Consultant pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.
8. Independent Contractor. Design Professional is an independent contractor. Neither Design Professional nor any of Design Professional’s officers, employees, agents or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 3 of 11 shall have the right to control Design Professional only insofar as the results of Design Professional’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Design Professional accomplishes services pursuant to this Agreement.
9. Licences, Permits, Etc. Design Professional represents and warrants to City that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Design Professional has all the permits, qualifications and approvals of whatsoever nature which are legally required for Design Professional to practice its profession. Design Professional represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Design Professional to practice its profession.
10. Business License. Design Professional and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement.
The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Design Professional until such business license(s) has been obtained.
11. Standard of Performance. Design Professional shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by members of Design Professional’s profession currently practicing in California.
Design Professional is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions, as well as all areas appurtenant to the site, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state, and local laws and regulations, and all other contingencies or design considerations. Data, calculations, opinions, reports, investigations, and other similar information provided by City relating to site, local, or other conditions is not warranted or guaranteed, either expressly or implied, by City.
Design Professional’s responsibilities under this section shall not be delegated.
Design Professional shall be responsible to City for acts, errors, or omissions of Design Professional’s subcontractors.
Design Professional shall prepare plans, specifications, reports, and/or other work products in such a way that amendments or change orders to the agreement between City and its construction contractor will not be necessary, Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 4 of 11 except for unforeseeable circumstances. As used herein, “unforeseeable circumstances” shall mean facts or inferences from those facts that could not be ascertained by a combination of reasonable site inspection during the preparation of the plans and specifications by Design Professional and the reasonable application to such inspection of expertise consistent with the level of care and skill ordinarily exercised under similar conditions by members of Design Professional‘s profession currently practicing in California.
Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Design Professional is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Design Professional of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Design Professional.
12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by any cause, or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.
In the event that the Design Professional is unable to meet the completion date or schedule of services, Design Professional shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.
13. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
14. Personnel. Design Professional agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.
The payment made to Design Professional pursuant to this Agreement shall be the full and complete compensation to which Design Professional and Design Professional’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Design Professional nor Design Professional’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 5 of 11 Design Professional. The City shall not be required to pay any workers' compensation insurance on behalf of Design Professional.
Design Professional shall pay, when and as due, any and all taxes incurred as a result of Design Professional’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
Design Professional shall comply with all provisions of California laws dealing with prevailing wages, apprentices, and hours of work. Design Professional shall also comply with provisions of Labor Code section 1720 as applicable. A copy of the prevailing wage rates is available for review upon request by Design Professional to the City Representative. This provision applies only to the following portions of the scope of work:
15. Design Professional Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Design Professional shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent.
Design Professional shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.
16. Term. The term of this Agreement shall commence on September 13, 2023, and shall continue in full force and effect until June 30, 2026.
City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Design Professional. The total duration of this Agreement, including the exercise of any options under this section, shall not extend past June 30, 2028.
If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.
If funds to effect such continued payment are not appropriated, Design Professional agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.
17. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Design Professional. Upon receipt of a notice of termination, Design Professional shall perform no further work except as specified in the notice. Before the date of termination, Design Professional shall deliver to City all City records and documents, all work products, whether completed or not, as of the date of termination and not otherwise previously delivered.
The City shall pay Design Professional for services performed in accordance with this Agreement before the date of termination. If this contract provides for Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 6 of 11 payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Design Professional for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Design Professional for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.
18. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Design Professional resulting from services rendered pursuant to this Agreement, shall become the property of City. Design Professional agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Design Professional makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.
19. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Design Professional in the performance of Design Professional’s services hereunder.
20. Assignment and Subcontracting. Design Professional shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without City’s consent shall be void and of no effect.
If subcontracting of work is permitted, Design Professional shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Design Professional. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Design Professional to use subcontractors for performance of any service under this Agreement.
Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 7 of 11 The City is an intended beneficiary of any work performed by Design Professional’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.
21. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
22. Non-Discrimination/Fair Employment Practices.
(a) Design Professional shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin or ancestry.
Design Professional warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
In all solicitations either by competitive bidding or negotiations made by Design Professional for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Design Professional of Design Professional’s obligation under this Agreement relative to nondiscrimination and fair employment practices.
Design Professional shall include the above provisions of this section in every subcontract, including procurement of materials or equipment. (b) Design Professional agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.
23. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
If to City: Melissa Tigbao
Public Works Director
City of Vallejo- Public Works Department
Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 8 of 11 555 Santa Clara Street
Vallejo, CA 94590
If to Design Professional: John Thompson
Civil Client Executive/Principal
IMEG
623 26th Ave
Rock Island, IL 91201
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
Routine administrative communications shall be made pursuant to section 1 of Exhibit A.
24. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
25. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California, without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
27. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
28. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
29. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 9 of 11
30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
31. Compliance with Laws. Design Professional will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.
32. Confidentiality of City Information. During the performance of services under this Agreement, Design Professional may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Design Professional agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Design Professional’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.
Design Professional shall treat all records and work product prepared or maintained by Design Professional in the performance of this Agreement as confidential.
A violation by Design Professional of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.
Design Professional’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.
33. News and Information Release. Design Professional agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.
34. City Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.
35. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
36. Facsimile Signature; Electronic Signature. This Agreement shall be Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 10 of 11 binding upon the receipt of facsimile signatures or emailed by PDF or otherwise.
Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.
37. Authority. The person signing this Agreement for Design Professional hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Design Professional.
38. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 11 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
IMEG
a New York Corporation
By:___________________________
John Thompson
Principal
DATE: ____________________
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By: _____________________________
Michael Malone
City Manager
DATE: _____________________
ATTEST:
By: ___________________________
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
_______________________________
Melissa Tigbao
Public Works Director
APPROVED AS TO FORM:
_______________________________
Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
________________________________
Armond Sarkis
Risk Manager
Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 1 of 4
SCOPE OF WORK
1. Representatives.
The City Representative for this Agreement is:
Dan Sequeira
City Engineer / APWD
City of Vallejo -Public Works Department
555 Santa Clara Street
Vallejo, CA 94590
[email protected]
The Design Professional’s Representative for this Agreement is:
Craig Chamberlain
Principal / Project Manager
IMEG
555 S Flower Street, Suite750
Los Angeles, CA 90071
[email protected]
All routine administrative communications between the parties will be between the above-named representatives and may be by personal delivery, mail, facsimile transmission or electronic mail as agreed between the Design Professional Representative and City’s Representative.
2. Services to be Provided. Consultant shall provide on-call structural engineering services for specific projects as may be requested by the City Engineer or staff; such services shall be defined, scheduled, and authorized in subsequent Statement of Works. The services provided throughout the term of this Agreement may include the services specified in the Request for Qualifications issued February 27, 2023.
The Statement of Work shall be substantially in the form as shown in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference.
3. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Design Professional recognizes that the composition of this team was instrumental in the City’s decision to award the work to Design Professional and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 2 of 4 material breach of Design Professional’s obligations under this Agreement and shall be grounds for termination.
Key personnel are as follows: John Thompson, Crain Chamberlain Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 3 of 4 Attachment 1 of Exhibit A
CITY OF VALLEJO
STATEMENT OF WORK
Statement of Work No..____________
This Statement of Work, effective this ____ day of , 20__ , (“Effective Date”) is issued under and subject to all the terms and conditions of the Master Consultant and Professional On-Call Agreement (“Agreement”), dated as of , 20__ , by and between the City of Vallejo (“City”) and [type in name], [type in the type of entity], (“Consultant”).
Capitalized terms used herein shall have the meanings ascribed to them in the Agreement.
SECTION 1. SCOPE OF WORK.
The scope of work authorized by this Statement of Work is as described below. [Insert Project description or attach a copy of the proposal and incorporate it by reference as Attachment ____ to Statement of Work No. ____].
SECTION 2. TIME OF PERFORMANCE.
a. The start date shall be [insert date] and the completion date shall be [insert date].
SECTION 3. ESTIMATED COST AND COMPENSATION.
All services performed under this Statement of Work shall be performed on a time and materials basis.
City agrees to pay Consultant for the services set forth in this Statement of Work in an amount not to exceed [insert dollar amount in words - e.g. Two Thousand Five Hundred Fifty Dollars and 13 Cents] [insert dollar amount in number- e.g., $2,550.13].
This Statement of Work is released as authorization for work to commence. The parties agree to perform their respective obligations under this Statement of Work in accordance with the terms and conditions of the Agreement.
Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 4 of 4 IN WITNESS WHEREOF, the parties have executed this agreement on the day and year shown below the name of each of the parties.
IMEG CITY OF VALLEJO,
a New York corporation a municipal corporation
By: By:
[INSERT SIGNER] Melissa Tigbao
[INSERT SIGNER TITLE] Public Works Director
DATE: ______ DATE: ______
Vallejo Business License No.
Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 1 of 4
EXHIBIT B
COMPENSATION
1. Design Professional’s Compensation.
A. Services: City agrees to pay Design Professional, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed Five Hundred Thousand Dollars and zero cents [ $500,000.00].
Design Professional shall notify City in writing no later than thirty (30) days prior to the estimated date when Design Professional will have billed City the maximum payment amount permitted under this Agreement, and Design Professional shall provide City with an estimate of the additional compensation required to complete the project.
B. Additional Services:
1. Additional Services are those services related to the scope of Services of Consultant as set forth in Exhibit A but not anticipated at the time of execution of this Agreement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Consultants to perform said Additional Services.
2. Consultant’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual Agreement between City and Consultant, compensation to Consultant shall not exceed the fixed fee amount.
2. Appropriate Billable Hourly Rates for Services and Additional Services. Design Professional’s billable hourly rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference. Current rates for each task/project will be defined in each Statement of Work.
Rate Increases: Upon approval of City, Design Professional shall be permitted to increase rates to adjust for cost-of-living wage increases at the beginning of the fiscal year or as agreed upon by City and Design Professional. No price increases may be implemented without prior written approval of City. Requests for price increases must be made a minimum of ninety (90) days prior to the proposed effective date of the rate increase. To request a price increase, Design Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 2 of 4 professional must submit a letter with an itemized list showing revised prices by line item. If City approves the price increase, Design Professional shall be notified in writing, no price increase will be effective until Design Professional receives this notice.
3. Design Professional’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Design Professional for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.
4. Payments to Design Professional.
A. Payments to Design Professional shall be made within a reasonable time after receipt of Design Professional’s invoice, said payments to be made in proportion to services performed. Design Professional may request payment on a monthly basis. Design Professional shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
B. All invoices submitted by Design Professional shall contain the following information:
1. Description of services billed under this invoice
2. Date of Invoice Issuance
3. Sequential Invoice Number
4. City’s Purchase Order Number (if issued)
5. Amount of this Invoice (Itemize all Reimbursable Expenses”)
6. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses. Billings that do not conform to the format outlined above shall be returned to Design Professional for correction. City shall not be responsible for delays in payment to Design Professional resulting from Design Professional’s failure to comply with the invoice format described above.
D. Invoices, account statements and payment inquiries shall be emailed to :
5. Accounting Records of Design Professional. Design Professional shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Design Professional’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Design Professional’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Design Professional shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 3 of 4 other government agencies during regular business hours upon twenty-four (24) hours’ notice.
The obligations of Design Professional under this section shall survive this Agreement.
6. Taxes. Design Professional shall pay, when and as due, any and all taxes incurred as a result of Design Professional’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
7. Taxpayer Identification Number. Design Professional shall provide City with Design Professional’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 4 of 4 Attachment 1 of Exhibit B
Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 1 of 3
EXHIBIT C
INSURANCE REQUIREMENTS
Design Professional shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Consultant, their agents, representatives, or employees or subcontractors.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.
C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
D. Professional Liability insurance appropriate to the Consultant’s profession (Errors and Omission).
2. Minimum Limits of Insurance. Design Professional shall maintain limits no less than:
A. General Liability: $5,000,000.00 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, coverage shall be twice the per occurrence amount.
B. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage.
C. Workers’ Compensation and Employer's Liability: $1,000,000.00 per accident for bodily injury or disease. If Borrower is not subject to California Workers’ Compensation requirements, Borrower shall file a completed certificate of exemption form which may be obtained from the City of Vallejo prior to commencing any activity authorized hereunder.
Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 2 of 3 D. Professional Liability, (Errors and Omission): $3,000,000.00 per occurrence coverage, continuing for 3 years after completion of services rendered.
3. Deductible and Self-Insured Retention. Any deductibles or self-insured retention greater than $10,000 must be declared to and approved by the City’s Risk Manager. If the deductibles or self-insured retention limit is unacceptable to the City’s Risk Manager, at his or her option, the insurer shall either reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4. Other Insurance Provisions. The general liability and automobile liability policies, as can be provided, are to contain, or be endorsed to contain, the following provisions:
A. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased hired or borrowed by the Consultant.
The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.
B. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
D. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
Design Professional Services Agreement- On Call Structural Engineering - IMEGPage 3 of 3 F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Consultant’s performance under this Agreement.
5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
6. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and original endorsements effecting general and automobile liability insurance coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.
7. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. Payment Withhold. City will withhold payments to Consultant if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Consultant otherwise ceases to be insured as required herein.
Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 1 of 11
DESIGN PROFESSIONAL SERVICES AGREEMENT
This Design Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 13th day of September 2023, by and between the City of Vallejo, a municipal corporation ("City"), and Mark Thomas & Company, Inc., a California Corporation, hereinafter referred to as Design Professional, who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Design Professional shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”
2. Payment. City shall pay Design Professional for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Design Professional for services rendered pursuant to this Agreement.
3. Facilities and Equipment. Design Professional shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4. Indemnification. To the fullest extent permitted by law, Design Professional shall hold harmless, defend (with independent counsel approved by City) and indemnify City and its officers, employees and volunteers from and against all claims, damages, losses, penalties, fines and judgments and expenses and defense costs, including but not limited to attorney fees, court costs, associated investigation and administrative expenses, regardless of the nature or type arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Design Professional, or the acts or omissions of an employee, agent or subcontractor of the Design Professional, except where caused by the active negligence, sole negligence, or willful misconduct of City. In no event shall the cost to defend charged to the design professional exceed the design professional’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to the duty and cost to defend shall not apply to either of the following: 1) Any contract for design professional services, or amendments thereto, where a project-specific general liability policy insures all project participants for general liability exposures on a primary basis
Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 2 of 11 and also covers all design professionals for their legal liability arising out of their professional services on a primary basis, 2) A design professional who is a party to a written design-build joint venture agreement.
The provisions of this Section are not limited by the insurance provisions of this Agreement.
The provisions of this section shall survive the completion of the services, expiration or termination of this Agreement.
5. Insurance Requirements. Design Professional agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Design Professional.” Failure to maintain required insurance at all times shall constitute a default and material breach.
6. Accident Reports. Design Professional shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses and telephone numbers of any known witnesses, (c) the date, time and description of the accident or other occurrence.
7. Conflict of Interest. Consultant warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Consultant’s family, business, real property or financial interests and the services to be provided under this Agreement. Consultant shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Consultant’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Consultant shall disclose such conflict in writing to City. Every individual who performs services on behalf of Consultant pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.
8. Independent Contractor. Design Professional is an independent contractor. Neither Design Professional nor any of Design Professional’s officers, employees, agents or subcontractors, if any, is an employee of City by virtue of Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 3 of 11 this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Design Professional only insofar as the results of Design Professional’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Design Professional accomplishes services pursuant to this Agreement.
9. Licences, Permits, Etc. Design Professional represents and warrants to City that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Design Professional has all the permits, qualifications and approvals of whatsoever nature which are legally required for Design Professional to practice its profession. Design Professional represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Design Professional to practice its profession.
10. Business License. Design Professional and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement.
The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Design Professional until such business license(s) has been obtained.
11. Standard of Performance. Design Professional shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by members of Design Professional’s profession currently practicing in California.
Design Professional is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions, as well as all areas appurtenant to the site, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state, and local laws and regulations, and all other contingencies or design considerations. Data, calculations, opinions, reports, investigations, and other similar information provided by City relating to site, local, or other conditions is not warranted or guaranteed, either expressly or implied, by City.
Design Professional’s responsibilities under this section shall not be delegated.
Design Professional shall be responsible to City for acts, errors, or omissions of Design Professional’s subcontractors.
Design Professional shall prepare plans, specifications, reports, and/or other work products in such a way that amendments or change orders to the Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 4 of 11 agreement between City and its construction contractor will not be necessary, except for unforeseeable circumstances. As used herein, “unforeseeable circumstances” shall mean facts or inferences from those facts that could not be ascertained by a combination of reasonable site inspection during the preparation of the plans and specifications by Design Professional and the reasonable application to such inspection of expertise consistent with the level of care and skill ordinarily exercised under similar conditions by members of Design Professional‘s profession currently practicing in California.
Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Design Professional is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Design Professional of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Design Professional.
12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by any cause, or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.
In the event that the Design Professional is unable to meet the completion date or schedule of services, Design Professional shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.
13. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
14. Personnel. Design Professional agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.
The payment made to Design Professional pursuant to this Agreement shall be the full and complete compensation to which Design Professional and Design Professional’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Design Professional nor Design Professional’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 5 of 11 Design Professional. The City shall not be required to pay any workers' compensation insurance on behalf of Design Professional.
Design Professional shall pay, when and as due, any and all taxes incurred as a result of Design Professional’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
Design Professional shall comply with all provisions of California laws dealing with prevailing wages, apprentices, and hours of work. Design Professional shall also comply with provisions of Labor Code section 1720 as applicable. A copy of the prevailing wage rates is available for review upon request by Design Professional to the City Representative. This provision applies only to the following portions of the scope of work:
15. Design Professional Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Design Professional shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent.
Design Professional shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.
16. Term. The term of this Agreement shall commence on September 13, 2023 and shall continue in full force and effect until June 30, 2026.
City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Design Professional. The total duration of this Agreement, including the exercise of any options under this section, shall not extend past June 30, 2028.
If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.
If funds to effect such continued payment are not appropriated, Design Professional agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.
17. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Design Professional. Upon receipt of a notice of termination, Design Professional shall perform no further work except as specified in the notice. Before the date of termination, Design Professional shall deliver to City all City records and documents, all work products, whether completed or not, as of the date of termination and not otherwise previously delivered.
The City shall pay Design Professional for services performed in accordance with this Agreement before the date of termination. If this contract provides for Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 6 of 11 payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Design Professional for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Design Professional for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.
18. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Design Professional resulting from services rendered pursuant to this Agreement, shall become the property of City. Design Professional agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Design Professional makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.
19. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Design Professional in the performance of Design Professional’s services hereunder.
20. Assignment and Subcontracting. Design Professional shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without City’s consent shall be void and of no effect.
If subcontracting of work is permitted, Design Professional shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Design Professional. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Design Professional to use subcontractors for performance of any service under this Agreement.
Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 7 of 11 The City is an intended beneficiary of any work performed by Design Professional’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.
21. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
22. Non-Discrimination/Fair Employment Practices.
(a) Design Professional shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin or ancestry.
Design Professional warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
In all solicitations either by competitive bidding or negotiations made by Design Professional for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Design Professional of Design Professional’s obligation under this Agreement relative to nondiscrimination and fair employment practices.
Design Professional shall include the above provisions of this section in every subcontract, including procurement of materials or equipment. (b) Design Professional agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.
23. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
If to City: Melissa Tigbao
Public Works Director
City of Vallejo- Public Works Department
Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 8 of 11 555 Santa Clara Street
Vallejo, CA 94590
If to Design Professional: Shawn O’Keefe
Principal / Vice President
Mark Thomas & Company, Inc.
2121 N California Boulevard, Suite 260
Walnut Creek, CA 94956
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
Routine administrative communications shall be made pursuant to section 1 of Exhibit A.
24. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
25. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California, without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
27. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
28. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
29. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 9 of 11
30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
31. Compliance with Laws. Design Professional will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.
32. Confidentiality of City Information. During the performance of services under this Agreement, Design Professional may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Design Professional agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Design Professional’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.
Design Professional shall treat all records and work product prepared or maintained by Design Professional in the performance of this Agreement as confidential.
A violation by Design Professional of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.
Design Professional’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.
33. News and Information Release. Design Professional agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.
34. City Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.
35. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
36. Facsimile Signature; Electronic Signature. This Agreement shall be Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 10 of 11 binding upon the receipt of facsimile signatures or emailed by PDF or otherwise.
Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.
37. Authority. The person signing this Agreement for Design Professional hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Design Professional.
38. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 11 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
Mark Thomas & Company, Inc.
a California Corporation
By:___________________________
Shawn O’Keefe
Principal / Vice President
DATE: ____________________
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By: _____________________________
Michael Malone
City Manager
DATE: _____________________
ATTEST:
By: ___________________________
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
_______________________________
Melissa Tigbao
Public Works Director
APPROVED AS TO FORM:
_______________________________
Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
________________________________
Armond Sarkis
Risk Manager
Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 1 of 4
SCOPE OF WORK
1. Representatives.
The City Representative for this Agreement is:
Dan Sequeira
City Engineer / APWD
City of Vallejo -Public Works Department
555 Santa Clara Street
Vallejo, CA 94590
[email protected]
The Design Professional’s Representative for this Agreement is:
Shawn O’Keefe
Principal / Vice President
Mark Thomas & Company, Inc.
2121 N California Boulevard, Suite 260
Walnut Creek, CA 94956
[email protected]
All routine administrative communications between the parties will be between the above-named representatives and may be by personal delivery, mail, facsimile transmission or electronic mail as agreed between the Design Professional Representative and City’s Representative.
2. Services to be Provided. Consultant shall provide on-call structural engineering services for specific projects as may be requested by the City Engineer or staff; such services shall be defined, scheduled, and authorized in subsequent Statement of Works. The services provided throughout the term of this Agreement may include the services specified in the Request for Qualifications issued February 27, 2023.
The Statement of Work shall be substantially in the form as shown in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference.
3. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Design Professional recognizes that the composition of this team was instrumental in the City’s decision to award the work to Design Professional and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 2 of 4 material breach of Design Professional’s obligations under this Agreement and shall be grounds for termination.
Key personnel are as follows: Shawn O’Keefe , Jason Hickey Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 3 of 4 Attachment 1 of Exhibit A
CITY OF VALLEJO
STATEMENT OF WORK
Statement of Work No..____________
This Statement of Work, effective this ____ day of , 20__ , (“Effective Date”) is issued under and subject to all the terms and conditions of the Master Consultant and Professional On-Call Agreement (“Agreement”), dated as of , 20__ , by and between the City of Vallejo (“City”) and [type in name], [type in the type of entity], (“Consultant”).
Capitalized terms used herein shall have the meanings ascribed to them in the Agreement.
SECTION 1. SCOPE OF WORK.
The scope of work authorized by this Statement of Work is as described below. [Insert Project description or attach a copy of the proposal and incorporate it by reference as Attachment ____ to Statement of Work No. ____].
SECTION 2. TIME OF PERFORMANCE.
a. The start date shall be [insert date] and the completion date shall be [insert date].
SECTION 3. ESTIMATED COST AND COMPENSATION.
All services performed under this Statement of Work shall be performed on a time and materials basis.
City agrees to pay Consultant for the services set forth in this Statement of Work in an amount not to exceed [insert dollar amount in words - e.g. Two Thousand Five Hundred Fifty Dollars and 13 Cents] [insert dollar amount in number- e.g., $2,550.13].
This Statement of Work is released as authorization for work to commence. The parties agree to perform their respective obligations under this Statement of Work in accordance with the terms and conditions of the Agreement.
Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 4 of 4 IN WITNESS WHEREOF, the parties have executed this agreement on the day and year shown below the name of each of the parties.
Mark Thomas & Company, Inc. CITY OF VALLEJO,
a California corporation a municipal corporation
By: By:
[INSERT SIGNER] Melissa Tigbao
[INSERT SIGNER TITLE] Public Works Director
DATE: ______ DATE: ______
Vallejo Business License No.
Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 1 of 4
EXHIBIT B
COMPENSATION
1. Design Professional’s Compensation.
A. Services: City agrees to pay Design Professional, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed Five Hundred Thousand Dollars and zero cents [ $500,000.00].
Design Professional shall notify City in writing no later than thirty (30) days prior to the estimated date when Design Professional will have billed City the maximum payment amount permitted under this Agreement, and Design Professional shall provide City with an estimate of the additional compensation required to complete the project.
B. Additional Services:
1. Additional Services are those services related to the scope of Services of Consultant as set forth in Exhibit A but not anticipated at the time of execution of this Agreement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Consultants to perform said Additional Services.
2. Consultant’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual Agreement between City and Consultant, compensation to Consultant shall not exceed the fixed fee amount.
2. Appropriate Billable Hourly Rates for Services and Additional Services. Design Professional’s billable hourly rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference. Current rates for each task/project will be defined in each Statement of Work.
Rate Increases: Upon approval of City, Design Professional shall be permitted to increase rates to adjust for cost-of-living wage increases at the beginning of the fiscal year or as agreed upon by City and Design Professional. No price increases may be implemented without prior written approval of City. Requests for price increases must be made a minimum of ninety (90) days prior to the proposed effective date of the rate increase. To request a price increase, Design Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 2 of 4 professional must submit a letter with an itemized list showing revised prices by line item. If City approves the price increase, Design Professional shall be notified in writing, no price increase will be effective until Design Professional receives this notice.
3. Design Professional’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Design Professional for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.
4. Payments to Design Professional.
A. Payments to Design Professional shall be made within a reasonable time after receipt of Design Professional’s invoice, said payments to be made in proportion to services performed. Design Professional may request payment on a monthly basis. Design Professional shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
B. All invoices submitted by Design Professional shall contain the following information:
1. Description of services billed under this invoice
2. Date of Invoice Issuance
3. Sequential Invoice Number
4. City’s Purchase Order Number (if issued)
5. Amount of this Invoice (Itemize all Reimbursable Expenses”)
6. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses. Billings that do not conform to the format outlined above shall be returned to Design Professional for correction. City shall not be responsible for delays in payment to Design Professional resulting from Design Professional’s failure to comply with the invoice format described above.
D. Invoices, account statements and payment inquiries shall be emailed to :
5. Accounting Records of Design Professional. Design Professional shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Design Professional’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Design Professional’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Design Professional shall keep such records available for audit, Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 3 of 4 inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty-four (24) hours’ notice.
The obligations of Design Professional under this section shall survive this Agreement.
6. Taxes. Design Professional shall pay, when and as due, any and all taxes incurred as a result of Design Professional’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
7. Taxpayer Identification Number. Design Professional shall provide City with Design Professional’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 4 of 4 Attachment 1 of Exhibit B
Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 1 of 3
EXHIBIT C
INSURANCE REQUIREMENTS
Design Professional shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Consultant, their agents, representatives, or employees or subcontractors.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.
C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
D. Professional Liability insurance appropriate to the Consultant’s profession (Errors and Omission).
2. Minimum Limits of Insurance. Design Professional shall maintain limits no less than:
A. General Liability: $5,000,000.00 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, coverage shall be twice the per occurrence amount.
B. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage.
C. Workers’ Compensation and Employer's Liability: $1,000,000.00 per accident for bodily injury or disease. If Borrower is not subject to California Workers’ Compensation requirements, Borrower shall file a completed certificate of exemption form which may be obtained from the City of Vallejo prior to commencing any activity authorized hereunder.
Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 2 of 3 D. Professional Liability, (Errors and Omission): $3,000,000.00 per occurrence coverage, continuing for 3 years after completion of services rendered.
3. Deductible and Self-Insured Retention. Any deductibles or self-insured retention greater than $10,000 must be declared to and approved by the City’s Risk Manager. If the deductibles or self-insured retention limit is unacceptable to the City’s Risk Manager, at his or her option, the insurer shall either reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4. Other Insurance Provisions. The general liability and automobile liability policies, as can be provided, are to contain, or be endorsed to contain, the following provisions:
A. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased hired or borrowed by the Consultant.
The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.
B. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
D. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
Design Professional Services Agreement- On Call Structural Engineering – Mark ThomasPage 3 of 3 F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Consultant’s performance under this Agreement.
5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
6. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and original endorsements effecting general and automobile liability insurance coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.
7. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. Payment Withhold. City will withhold payments to Consultant if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Consultant otherwise ceases to be insured as required herein.
Design Professional Services Agreement- On Call Structural Engineering – ZFAPage 1 of 11
DESIGN PROFESSIONAL SERVICES AGREEMENT
This Design Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 13th day of September 2023, by and between the City of Vallejo, a municipal corporation ("City"), and ZFA Structural Engineers (ZFA)., a California Corporation, hereinafter referred to as Design Professional, who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Design Professional shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”
2. Payment. City shall pay Design Professional for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Design Professional for services rendered pursuant to this Agreement.
3. Facilities and Equipment. Design Professional shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4. Indemnification. To the fullest extent permitted by law, Design Professional shall hold harmless, defend (with independent counsel approved by City) and indemnify City and its officers, employees and volunteers from and against all claims, damages, losses, penalties, fines and judgments and expenses and defense costs, including but not limited to attorney fees, court costs, associated investigation and administrative expenses, regardless of the nature or type arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Design Professional, or the acts or omissions of an employee, agent or subcontractor of the Design Professional, except where caused by the active negligence, sole negligence, or willful misconduct of City. In no event shall the cost to defend charged to the design professional exceed the design professional’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to the duty and cost to defend shall not apply to either of the following: 1) Any contract for design professional services, or amendments thereto, where a project-specific general liability policy insures all project participants for general liability exposures on a primary basis
Design Professional Services Agreement- On Call Structural Engineering – ZFAPage 2 of 11 and also covers all design professionals for their legal liability arising out of their professional services on a primary basis, 2) A design professional who is a party to a written design-build joint venture agreement.
The provisions of this Section are not limited by the insurance provisions of this Agreement.
The provisions of this section shall survive the completion of the services, expiration or termination of this Agreement.
5. Insurance Requirements. Design Professional agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Design Professional.” Failure to maintain required insurance at all times shall constitute a default and material breach.
6. Accident Reports. Design Professional shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses and telephone numbers of any known witnesses, (c) the date, time and description of the accident or other occurrence.
7. Conflict of Interest. Consultant warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Consultant’s family, business, real property or financial interests and the services to be provided under this Agreement. Consultant shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Consultant’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Consultant shall disclose such conflict in writing to City. Every individual who performs services on behalf of Consultant pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.
8. Independent Contractor. Design Professional is an independent contractor. Neither Design Professional nor any of Design Professional’s officers, employees, agents or subcontractors, if any, is an employee of City by virtue of Design Professional Services Agreement- On Call Structural Engineering – ZFAPage 3 of 11 this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Design Professional only insofar as the results of Design Professional’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Design Professional accomplishes services pursuant to this Agreement.
9. Licences, Permits, Etc. Design Professional represents and warrants to City that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Design Professional has all the permits, qualifications and approvals of whatsoever nature which are legally required for Design Professional to practice its profession. Design Professional represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Design Professional to practice its profession.
10. Business License. Design Professional and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement.
The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Design Professional until such business license(s) has been obtained.
11. Standard of Performance. Design Professional shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by members of Design Professional’s profession currently practicing in California.
Design Professional is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions, as well as all areas appurtenant to the site, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state, and local laws and regulations, and all other contingencies or design considerations. Data, calculations, opinions, reports, investigations, and other similar information provided by City relating to site, local, or other conditions is not warranted or guaranteed, either expressly or implied, by City.
Design Professional’s responsibilities under this section shall not be delegated.
Design Professional shall be responsible to City for acts, errors, or omissions of Design Professional’s subcontractors.
Design Professional shall prepare plans, specifications, reports, and/or other work products in such a way that amendments or change orders to the Design Professional Services Agreement- On Call Structural Engineering – ZFAPage 4 of 11 agreement between City and its construction contractor will not be necessary, except for unforeseeable circumstances. As used herein, “unforeseeable circumstances” shall mean facts or inferences from those facts that could not be ascertained by a combination of reasonable site inspection during the preparation of the plans and specifications by Design Professional and the reasonable application to such inspection of expertise consistent with the level of care and skill ordinarily exercised under similar conditions by members of Design Professional‘s profession currently practicing in California.
Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Design Professional is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Design Professional of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Design Professional.
12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by any cause, or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.
In the event that the Design Professional is unable to meet the completion date or schedule of services, Design Professional shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.
13. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
14. Personnel. Design Professional agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.
The payment made to Design Professional pursuant to this Agreement shall be the full and complete compensation to which Design Professional and Design Professional’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Design Professional nor Design Professional’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Design Professional Services Agreement- On Call Structural Engineering – ZFAPage 5 of 11 Design Professional. The City shall not be required to pay any workers' compensation insurance on behalf of Design Professional.
Design Professional shall pay, when and as due, any and all taxes incurred as a result of Design Professional’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
Design Professional shall comply with all provisions of California laws dealing with prevailing wages, apprentices, and hours of work. Design Professional shall also comply with provisions of Labor Code section 1720 as applicable. A copy of the prevailing wage rates is available for review upon request by Design Professional to the City Representative. This provision applies only to the following portions of the scope of work:
15. Design Professional Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Design Professional shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent.
Design Professional shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.
16. Term. The term of this Agreement shall commence on September 13, 2023, and shall continue in full force and effect until June 30, 2026.
City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Design Professional. The total duration of this Agreement, including the exercise of any options under this section, shall not extend past June 30, 2028.
If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.
If funds to effect such continued payment are not appropriated, Design Professional agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.
17. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Design Professional. Upon receipt of a notice of termination, Design Professional shall perform no further work except as specified in the notice. Before the date of termination, Design Professional shall deliver to City all City records and documents, all work products, whether completed or not, as of the date of termination and not otherwise previously delivered.
The City shall pay Design Professional for services performed in accordance with this Agreement before the date of termination. If this contract provides for Design Professional Services Agreement- On Call Structural Engineering – ZFAPage 6 of 11 payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Design Professional for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Design Professional for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.
18. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Design Professional resulting from services rendered pursuant to this Agreement, shall become the property of City. Design Professional agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Design Professional makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.
19. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Design Professional in the performance of Design Professional’s services hereunder.
20. Assignment and Subcontracting. Design Professional shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without City’s consent shall be void and of no effect.
If subcontracting of work is permitted, Design Professional shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Design Professional. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Design Professional to use subcontractors for performance of any service under this Agreement.
Design Professional Services Agreement- On Call Structural Engineering – ZFAPage 7 of 11 The City is an intended beneficiary of any work performed by Design Professional’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.
21. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
22. Non-Discrimination/Fair Employment Practices.
(a) Design Professional shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin or ancestry.
Design Professional warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
In all solicitations either by competitive bidding or negotiations made by Design Professional for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Design Professional of Design Professional’s obligation under this Agreement relative to nondiscrimination and fair employment practices.
Design Professional shall include the above provisions of this section in every subcontract, including procurement of materials or equipment. (b) Design Professional agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.
23. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
If to City: Melissa Tigbao
Public Works Director
City of Vallejo- Public Works Department
Design Professional Services Agreement- On Call Structural Engineering – ZFAPage 8 of 11 555 Santa Clara Street
Vallejo, CA 94590
If to Design Professional: Mark A. Moore
Executive Principal
ZFA Structural Engineers
601 Montgomery Street, Suite 1450
San Francisco, CA 94111
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
Routine administrative communications shall be made pursuant to section 1 of Exhibit A.
24. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
25. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California, without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
27. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
28. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
29. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
Design Professional Services Agreement- On Call Structural Engineering – ZFAPage 9 of 11
30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
31. Compliance with Laws. Design Professional will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.
32. Confidentiality of City Information. During the performance of services under this Agreement, Design Professional may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Design Professional agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Design Professional’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.
Design Professional shall treat all records and work product prepared or maintained by Design Professional in the performance of this Agreement as confidential.
A violation by Design Professional of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.
Design Professional’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.
33. News and Information Release. Design Professional agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.
34. City Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.
35. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
36. Facsimile Signature; Electronic Signature. This Agreement shall be Design Professional Services Agreement- On Call Structural Engineering – ZFAPage 10 of 11 binding upon the receipt of facsimile signatures or emailed by PDF or otherwise.
Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.
37. Authority. The person signing this Agreement for Design Professional hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Design Professional.
38. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
Design Professional Services Agreement- On Call Structural Engineering – ZFAPage 11 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
ZFA Structural Engineers
a California Corporation
By:___________________________
Mark A. Moore
Executive Principal
DATE: ____________________
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By: _____________________________
Michael Malone
City Manager
DATE: _____________________
ATTEST:
By: ___________________________
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
_______________________________
Melissa Tigbao
Public Works Director
APPROVED AS TO FORM:
_______________________________
Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
________________________________
Armond Sarkis
Risk Manager
Design Professional Services Agreement- On Call Structural Engineering – ZFAPage 1 of 3
SCOPE OF WORK
1. Representatives.
The City Representative for this Agreement is:
Dan Sequeira
City Engineer / APWD
555 Santa Clara Street
Vallejo, CA 94590
[email protected]
The Design Professional’s Representative for this Agreement is:
Mark A. Moore
Executive Principal
ZFA Structural Engineers
601 Montgomery Street, Suite 1450
San Francisco, CA 94111
All routine administrative communications between the parties will be between the above-named representatives and may be by personal delivery, mail, facsimile transmission or electronic mail as agreed between the Design Professional Representative and City’s Representative.
2. Services to be Provided. Consultant shall provide on-call structural engineering services for specific projects as may be requested by the City Engineer or staff; such services shall be defined, scheduled, and authorized in subsequent Statement of Works. The services provided throughout the term of this Agreement may include the services specified in the Request for Qualifications issued February 27, 2023.
The Statement of Work shall be substantially in the form as shown in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference.
3. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Design Professional recognizes that the composition of this team was instrumental in the City’s decision to award the work to Design Professional and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Design Professional’s obligations under this Agreement and shall be grounds for termination.
Key personnel are as follows: Mark A. Moore , Luke Wilson Design Professional Services Agreement- On Call Structural Engineering – ZFAPage 2 of 3 Attachment 1 of Exhibit A
CITY OF VALLEJO
STATEMENT OF WORK
Statement of Work No..____________
This Statement of Work, effective this ____ day of , 20__ , (“Effective Date”) is issued under and subject to all the terms and conditions of the Master Consultant and Professional On-Call Agreement (“Agreement”), dated as of , 20__ , by and between the City of Vallejo (“City”) and [type in name], [type in the type of entity], (“Consultant”).
Capitalized terms used herein shall have the meanings ascribed to them in the Agreement.
SECTION 1. SCOPE OF WORK.
The scope of work authorized by this Statement of Work is as described below. [Insert Project description or attach a copy of the proposal and incorporate it by reference as Attachment ____ to Statement of Work No. ____].
SECTION 2. TIME OF PERFORMANCE.
a. The start date shall be [insert date] and the completion date shall be [insert date].
SECTION 3. ESTIMATED COST AND COMPENSATION.
All services performed under this Statement of Work shall be performed on a time and materials basis.
City agrees to pay Consultant for the services set forth in this Statement of Work in an amount not to exceed [insert dollar amount in words - e.g. Two Thousand Five Hundred Fifty Dollars and 13 Cents] [insert dollar amount in number- e.g., $2,550.13].
This Statement of Work is released as authorization for work to commence. The parties agree to perform their respective obligations under this Statement of Work in accordance with the terms and conditions of the Agreement.
Design Professional Services Agreement- On Call Structural Engineering – ZFAPage 3 of 3 IN WITNESS WHEREOF, the parties have executed this agreement on the day and year shown below the name of each of the parties.
ZFA Structural Engineers. CITY OF VALLEJO,
a California corporation a municipal corporation
By: By:
[INSERT SIGNER] Melissa Tigbao
[INSERT SIGNER TITLE] Public Works Director
DATE: ______ DATE: ______
Vallejo Business License No.
Design Professional Services Agreement- On Call Structural Engineering – ZFAPage 1 of 4
EXHIBIT B
COMPENSATION
1. Design Professional’s Compensation.
A. Services: City agrees to pay Design Professional, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed Five Hundred Thousand Dollars and zero cents [ $500,000.00].
Design Professional shall notify City in writing no later than thirty (30) days prior to the estimated date when Design Professional will have billed City the maximum payment amount permitted under this Agreement, and Design Professional shall provide City with an estimate of the additional compensation required to complete the project.
B. Additional Services:
1. Additional Services are those services related to the scope of Services of Consultant as set forth in Exhibit A but not anticipated at the time of execution of this Agreement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Consultants to perform said Additional Services.
2. Consultant’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual Agreement between City and Consultant, compensation to Consultant shall not exceed the fixed fee amount.
2. Appropriate Billable Hourly Rates for Services and Additional Services. Design Professional’s billable hourly rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference. Current rates for each task/project will be defined in each Statement of Work.
Rate Increases: Upon approval of City, Design Professional shall be permitted to increase rates to adjust for cost-of-living wage increases at the beginning of the fiscal year or as agreed upon by City and Design Professional. No price increases may be implemented without prior written approval of City. Requests for price increases must be made a minimum of ninety (90) days prior to the proposed effective date of the rate increase. To request a price increase, Design Design Professional Services Agreement- On Call Structural Engineering – ZFAPage 2 of 4 professional must submit a letter with an itemized list showing revised prices by line item. If City approves the price increase, Design Professional shall be notified in writing, no price increase will be effective until Design Professional receives this notice.
3. Design Professional’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Design Professional for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.
4. Payments to Design Professional.
A. Payments to Design Professional shall be made within a reasonable time after receipt of Design Professional’s invoice, said payments to be made in proportion to services performed. Design Professional may request payment on a monthly basis. Design Professional shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
B. All invoices submitted by Design Professional shall contain the following information:
1. Description of services billed under this invoice
2. Date of Invoice Issuance
3. Sequential Invoice Number
4. City’s Purchase Order Number (if issued)
5. Amount of this Invoice (Itemize all Reimbursable Expenses”)
6. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses. Billings that do not conform to the format outlined above shall be returned to Design Professional for correction. City shall not be responsible for delays in payment to Design Professional resulting from Design Professional’s failure to comply with the invoice format described above.
D. Invoices, account statements and payment inquiries shall be emailed to :
5. Accounting Records of Design Professional. Design Professional shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Design Professional’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Design Professional’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Design Professional shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or Design Professional Services Agreement- On Call Structural Engineering – ZFAPage 3 of 4 other government agencies during regular business hours upon twenty-four (24) hours’ notice.
The obligations of Design Professional under this section shall survive this Agreement.
6. Taxes. Design Professional shall pay, when and as due, any and all taxes incurred as a result of Design Professional’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
7. Taxpayer Identification Number. Design Professional shall provide City with Design Professional’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
Design Professional Services Agreement- On Call Structural Engineering – ZFAPage 4 of 4 Attachment 1 of Exhibit B
Design Professional Services Agreement- On Call Structural Engineering – ZFAPage 1 of 3
EXHIBIT C
INSURANCE REQUIREMENTS
Design Professional shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Consultant, their agents, representatives, or employees or subcontractors.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.
C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
D. Professional Liability insurance appropriate to the Consultant’s profession (Errors and Omission).
2. Minimum Limits of Insurance. Design Professional shall maintain limits no less than:
A. General Liability: $5,000,000.00 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, coverage shall be twice the per occurrence amount.
B. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage.
C. Workers’ Compensation and Employer's Liability: $1,000,000.00 per accident for bodily injury or disease. If Borrower is not subject to California Workers’ Compensation requirements, Borrower shall file a completed certificate of exemption form which may be obtained from the City of Vallejo prior to commencing any activity authorized hereunder.
Design Professional Services Agreement- On Call Structural Engineering – ZFAPage 2 of 3 D. Professional Liability, (Errors and Omission): $3,000,000.00 per occurrence coverage, continuing for 3 years after completion of services rendered.
3. Deductible and Self-Insured Retention. Any deductibles or self-insured retention greater than $10,000 must be declared to and approved by the City’s Risk Manager. If the deductibles or self-insured retention limit is unacceptable to the City’s Risk Manager, at his or her option, the insurer shall either reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4. Other Insurance Provisions. The general liability and automobile liability policies, as can be provided, are to contain, or be endorsed to contain, the following provisions:
A. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased hired or borrowed by the Consultant.
The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.
B. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
D. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
Design Professional Services Agreement- On Call Structural Engineering – ZFAPage 3 of 3 F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Consultant’s performance under this Agreement.
5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
6. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and original endorsements effecting general and automobile liability insurance coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.
7. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. Payment Withhold. City will withhold payments to Consultant if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Consultant otherwise ceases to be insured as required herein.
CONSENT CALENDAR 8.I.
DATE: September 12, 2023
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, P.E., Public Works Director
SUBJECT: ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE JANITORIAL
SERVICES AGREEMENT WITH UNIVERSAL BUILDING SERVICES TO INCREASE THE CONTRACT AMOUNT FROM $2,250,000 TO $2,625,000, AND ADD LANGUAGE TO THE
SCOPE OF WORK
RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a First Amendment to the Janitorial Services Agreement with Universal Building Services (UBS) to increase the not-to-exceed amount to $2,625,000, and add language to the Scope of Work regarding the use of recycled-content paper products.
REASONS FOR RECOMMENDATION
The current agreement for janitorial services is set to expire on June 30, 2024 and the increase to the not-to- exceed amount is needed to ensure continued services through that date. Although UBS already uses recycled-content paper products, the additional language is being added to solidify that in our agreement.
BACKGROUND AND DISCUSSION
On September 24, 2019, the City Council authorized the Janitorial Services Agreement with UBS for $2,250,000 over the life of the agreement. UBS has been providing key janitorial services for various City facilities.
As of the end of June 2023, $1,930,109 has been spent or is encumbered in relation to this contract (20- PW089) that has an end date of June 30, 2024. The remaining approximately $320,000 will not sufficiently cover the cost of services for the entirety of Fiscal Year 2023-24. With increased service and supply costs, unknown emergencies, and an average spending of approximately $500,000 a year for services, there is a need to increase the contract not-to-exceed limit.
In order to continue regular, emergency, and as-needed cleaning services at various City facilities, this First Amendment increasing the amount of the contract to $2,625,000 is needed. The additional language being added to the scope of work keeps the City in compliance with new recycling regulations. UBS already uses recycled-content paper products, and this additional language is to solidify that in our agreement.
Staff recommends approving the first amendment with UBS, increasing the contract limit to $2,625,000 and adding language to the scope of work regarding the use of recycled-content paper products.
FISCAL IMPACT
There is no fiscal impact with this action. Funding for services is available in the Fiscal Year 2023-24 budget through existing appropriations.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably
Date: September 12, 2023
Subject: ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE JANITORIAL
SERVICES AGREEMENT WITH UNIVERSAL BUILDING SERVICES TO INCREASE THE CONTRACT AMOUNT FROM $2,250,000 TO $2,625,000, AND ADD LANGUAGE
TO THE SCOPE OF WORK
foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. RESO 1st Amend Janitorial Services - UBS_CAO Stamp
2. UBS - First Amendment to Agreement 20-PW089_CAO Stamp
3. 20-PW089 UNIVERSAL BUILDING SERVICES Janitorial Services Agreement
CONTACT
Melissa Tigbao, P.E., Public Work Director, 707-648-4433 [email protected]
RESOLUTION NO. 23-______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE FIRST
AMENDMENT TO THE JANITORIAL SERVICES AGREEMENT WITH UNIVERSAL BUILDING SERVICES AND SUPPLY COMPANY TO INCREASE THE CONTRACT AMOUNT BY $375,000
FOR THE REMAINDER OF THE TERM AND TO MODIFY THE SCOPE OF WORK AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
WHEREAS, on September 24, 2019, the City Council authorized a Janitorial Services Agreement with Universal Building Services and Supply Company, a California corporation (UBS), for a total amount not to exceed $2,250,000 (Agreement); and
WHEREAS, the Agreement expires June 30, 2024, and with unforeseen emergencies and an average annual expenditure of approximately $500,000 for services, the City must increase the contract amount to be able to continue the janitorial services; and WHEREAS, although UBS already uses recycled- content paper products, additional language needs to be added to the contract to comply with California recycling regulations.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the First Amendment to the Janitorial Services Agreement between the City of Vallejo and UBS to increase the amount of the contract by $375,000 for a maximum not to exceed amount of $2,625,000 and to add language to the Scope of Work regarding the mandatory use of recycled-content paper products, with any modifications recommended by the City Attorney and the City Clerk to attest the signing of that Agreement.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute same.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on September 12, 2023, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST
ROBERT H. MCCONNELL, MAYOR
DAWN G. ABRAHAMSON, CITY CLERK
First Amendment to Agreement 20-PW089 - Universal Building Services Page 1 of 5
FIRST AMENDMENT TO THE
JANITORIAL SERVICES AGREEMENT BETWEEN
CITY OF VALLEJO
AND
UNIVERSAL BUILDING SERVICES AND SUPPLY COMPANY
This First Amendment to the Janitorial Services Agreement made and entered into on October 1, 2019, hereafter referred to as “Agreement”, between Universal Building Services and Supply Company, a California corporation, therein referred to as “Contractor”, and the City of Vallejo, a municipal corporation, therein referred to as City, is made and entered into on this 13th day of September 2023.
Contractor and City do mutually agree as follows:
1. Amendment to Exhibit A Attachment 1. Exhibit A Attachment 1 to the Agreement is hereby amended to add the following:
“ 5. Requirements for Contractor
A. When providing Paper Products (including janitorial Paper Products) to the City of Vallejo, Contractor shall:
1. Provide Recycled-Content Paper Products (including janitorial Paper Products) that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, if fitness and quality are equal to that of non-recycled item, and available at equal or lesser price to non- recycled content items, consistent with the requirements of the Public Contracts Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended.
2. Only provide Paper Products that meet Federal Trade
Commission Recyclability standard as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).
3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products provided to or sold to the City of Vallejo. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
4. Certify in writing, under penalty of perjury, that the Paper Products provided to or sold to the City of Vallejo is eligible to be labeled with an unqualified recyclable label as defined in Title 16
First Amendment to Agreement 20-PW089 - Universal Building Services Page 2 of 5 Code of Federal Regulations Section 260.12 (2013).”
2. Amendment to Section 1 of Exhibit B “Compensation.” Section 1 of Exhibit B of the Agreement shall be modified to read as follows:
“1. Contractor’s Compensation: City agrees to pay Contractor for the services set forth in Exhibit A of this Agreement for a total not to exceed Two Million Six Hundred Twenty-Five Thousand Dollars and Zero Cents ($2,625,000.00).
Contractor agrees that the not to exceed amount specified above shall constitute full compensation for all services, including urgent, emergency and any other additional services, and shall fully compensate Contractor for any and all direct and indirect costs that may be incurred by Contractor in connection with those services, including costs associated with any charges and/or delays in work schedules or in the performance of other services or work by Contractor.”
3. Replacement of Exhibit B, Attachment 1. Exhibit B, Attachment 1 to the Agreement is hereby amended and replaced in its entirety with a new Exhibit B, Attachment 1, attached hereto.
4. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Contractor shall perform all duties, obligations and conditions required under the Agreement.
5. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control in all respects.
6. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.
7. Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
8. Authority. The person signing this First Amendment for Contractor hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Contractor.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
First Amendment to Agreement 20-PW089 - Universal Building Services Page 3 of 5 First Amendment to Agreement 20-PW089 - Universal Building Services Page 4 of 5 IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.
UNIVERSAL BUILDING SERVICES
AND SUPPLY COMPANY
a California corporation
BY:
DARIO DEVINCENZI
Operations Manager
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
BY:
MICHAEL MALONE
City Manager
DATE:
ATTEST:
DAWN G. ABRAHAMSON
City Clerk
APPROVED AS TO CONTENT:
MELISSA TIGBAO
Public Works Director
APPROVED AS TO FORM:
VERONICA A.F. NEBB
City Attorney
APPROVED AS TO INSURANCE:
ARMOND SARKIS
Risk Manager
First Amendment to Agreement 20-PW089 - Universal Building Services Page 5 of 5 EXHIBIT B – ATTACHMENT 1
Oct 3, 2019 11:08 AM, 542825641
Contract and Routing Form
24 City of '00'--- VI
, 'Al I Fif) FF 20 -P\A)064
Date Originated: Oct 03, 2019 Vt
Finance Department ·
California
555 Santa Clara Street · Vallejo · CA · 94590 707·648.4592 Department: Public Works Departments, Maintenance
Staff Contact: Debbie Martir, [email protected] Contract Type: Professional Services Agreement
(Vendorf.Wolversê-LE}kil® tg Service) Vendor Number:1338 Business License Number: 2000003180
69ract_ Net_to ExceedArnount:* 50p0-039
(Çontract âtart_Rate:9çt 01, 2012)
Pption-to Extendif3 orte-year 9-Pligñ®
Authority to Contract: City Council
*,0 Date:FJ®1307202_71
Påte-to-CouncH(SÝØ-247201-P)
Attachments are uploaded for review here: http://bit.ly/ContractRoutingUpload.
Approved Pre-Requisition Form
Insurance
I have uploaded additional files.No
Contract and Routing Form
Signature Page
Department I Comment
Originating Department/Division
nitial Date
Risk Manager <
Finance Director
City Attorney's Office
City Manager's Office
City Clerk
Return executed contract to: Aaron Cano
JANITORIAL SERVICES AGREEMENT
This Janitorial Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 2£) day of August, 2019 by and between the City of Vallejo, a municipal corporation ("City"), and Universal Building Services and Supply Company, a California corporation, hereinafter referred to as Contractor, who agrees as follows:
1. Services . Subject to the terms and conditions set forth in this Agreement, Contractor shall provide the City janitorial services as specified in Exhibit A, entitled "Scope of Work."
2. Payment. City shall pay Contractor for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled "Compensation." The payments specified in Exhibit B shall be the only payments to be made to Contractor for services rendered pursuant to this Agreement.
3. Facilities and Equipment. Contractor shall, at its sole cost and expense, furnish all materials, labor and equipment which may be required for furnishing janitorial services pursuant to this Agreement.
4. Indemnification. To the fullest extent permitted by law, Contractor shall hold harmless, defend (with independent counsel approved by City) and indemnify City and its officers, employees and volunteers from and against all claims, damages, losses, penalties, fines and judgments and expenses and defense costs, including but not limited to attorney fees, court costs, associated investigation and administrative expenses, regardless of the nature or type arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, or the acts or omissions of an employee, agent or subcontractor of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of City. The provisions of this Section are not limited by the insurance provisions of this Agreement. The provisions of this section shall survive the completion of the services, expiration or termination of this Agreement.
5. Insurance Requirements. Contractor agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled "Insurance Requirements for Contractor." Failure to maintain required insurance at all times shall constitute a default and material breach.
6. Accident Reports. Contractor shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses and telephone numbers of any known witnesses, (c) the date, time and description of the accident or other occurrence.
7. Conflict of Interest. Contractor warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Contractor's family, business, real property or financial interests and the services to be provided under this Apprc 'orm:
JANITORIAL SERVICES AGREEMENT By. 'ge 1 of 69
Cidudia Qkíntana
City Attorney
Agreement. Contractor shall comply with the City of Vallejo Conflict of Interest Code andnot enter into any contract or agreement during the performance of this Agreement whichwill create a conflict of interest with its duties to City under this Agreement. In the eventof a change in Contractor's family, business, real property or financial interests occursduring the term of this Agreement that creates an actual or potential conflict of interest,then Contractor shall disclose such conflict in writing to City.
8. Independent Contractor. Contractor is an independent contractor. Neither Contractor nor any of Contractor's officers, employees, agents or subcontractors, if any,is an employee of City by virtue of this Agreement or performance of any servicespursuant to this Agreement. City shall have the right to control Contractor only insofar asthe results of Contractor's services rendered pursuant to this Agreement; however, Cityshall not have the right to control the means by which Contractor accomplishes services pursuant to this Agreement.
9. Licences, Permits, Etc. Contractor represents and warrants to City that all janitorial services shall be provided by a person or persons duly licensed by the State ofCalifornia to provide the type of services to be performed under this Agreement and thatContractor has all the permits, qualifications and approvals of whatsoever nature whichare legally required for Contractor to practice its profession. Contractor represents andwarrants to City that it shall, at its sole cost and expense, keep in effect at all times duringthe term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession.
10. Business License. Contractor, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City's Finance Departmentfor a business license, pay the applicable business license tax and maintain said businesslicense during the term of this Agreement. The failure to obtain such license shall be amaterial breach of this Agreement and grounds for termination by City. No paymentsshall be made to Contractor until such business license(s) has been obtained.
11. Standard of Performance. Contractor shall provide products and perform all services required pursuant to this Agreement in accordance with generally acceptedprofessional practices and principles and in a manner consistent with the level of careand skill ordinarily exercised under similar conditions by members of Contractor's profession currently practicing in California.
Contractor is responsible for making an independent evaluation and judgment of allconditions affecting performance of the work, including without limitation site conditions,as well as all areas appurtenant to the site and existing facilities. Contractor'sresponsibilities under this section shall not be delegated. Contractor shall be responsible to City for performance of subcontractors.
12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by any cause, or circumstancesbeyond either party's reasonable control, such as war, riots, strikes, lockouts, workslowdown or stoppage, acts of God, such as fioods or earthquakes, and electrical blackouts or brownouts.
JANITORIAL SERVICES AGREEMENT Page 2 of 69
In the event that the Contractor is unable to meet the completion date or schedule ofservices, Contractor shall immediately inform the City Representative of this in writing. Ifadditional time is required to perform the work, the City Representative may adjust the schedule.
13. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
14. Personnel. Contractor agrees to assign only competent personnel according tothe reasonable and customary standards of training and experience in the relevant fieldto perform services under this Agreement. Failure to assign such competent personnelshall constitute grounds for termination of this Agreement.
The payment made to Contractor pursuant to this Agreement shall be the full andcomplete compensation to which Contractor and Contractor's, employees, agents, andsubcontractors are entitled for performance of any work under this Agreement. NeitherContractor nor Contractor's officers or employees are entitled to any salary or wages, orretirement, health, leave or other fringe benefits applicable to employees of the City. TheCity will not make any federal or state tax withholdings on behalf of Contractor. The Cityshall not be required to pay any workers' compensation insurance on behalf of Contractor.Contractor shall pay, when and as due, any and all taxes incurred as a result ofContractor's compensation hereunder, including estimated taxes, and shall provide Citywith proof of such payments upon request.
15. Contractor Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or herdesignee, Contractor shall have no authority, express or implied to act on behalf of Cityin any capacity whatsoever as an agent. Contractor shall have no authority, express orimplied, under this Agreement, to bind City to any obligation whatsoever.
16. Term. The effective date of this Agreement shall be October 1,2019 and the termshall continue in full force and effect until June 30.2021.
City shall, at its discretion, have the right to extend the term of this Agreement in intervalsof one (1) year by written notice to Contractor. The total duration of this Agreement,including the exercise of any options under this section, shall not exceed five (5) years.
17. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the servicesto be provided under this Agreement by giving notice to Contractor. Upon receipt of anotice of termination, Contractor shall perform no further work except as specified in thenotice. Before the date of termination, Contractor shall deliver to City all City records anddocuments, whether completed or not, as of the date of termination and not otherwise previously delivered.
The City shall pay Contractor for services performed in accordance with this Agreementbefore the date of termination. If this contract provides for payment of a lump sum for allservices or by task and termination occurs before completion of the work or any definedtask which according to the performance schedule was commenced before the notice of JANITORIAL SERVICES AGREEMENT Page 3 of 69
termination, the fee for services performed shall be based on an amount mutually agreed to by City and Contractor for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Contractor for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for thefees, and reimbursement of authorized expenses, payable pursuant to this section.
18. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Contractor in the performance of Contractor's services hereunder.
19. Assignment and Subcontracting. Contractor shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without City's consent shall be void and of no effect.
If subcontracting of work is permitted, Contractor shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Contractor. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Contractor to use subcontractors for performance of any service under this Agreement.
The City is an intended beneficiary of any work performed by Contractor's subcontractor for purposes of establishing a duty of care between the subcontractor and City.
20. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
21. Non-Discrimination/Fair Employment Practices.
(a) Contractor shall not, because of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation of anyperson, refuse to hire or employ, or to bar or discharge from employment, or todiscriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges ofemployment, without regard to his race, religious creed, color, sex, national origin or ancestry.
Contractor warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry,disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
In all solicitations either by competitive bidding or negotiations made by Contractor for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligation under this Agreement relative to nondiscrimination and fair JANITORIAL SERVICES AGREEMENT Page 4 of 69
employment practices.
Contractor shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.
(b) Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.
22. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mai|1 Postage prepaid, addressed to:
If to City: Roland Rojas, Assistant Maintenance Superintendent/Facilities Public Works Department, Maintenance Division
111 Amador Street
Vallejo, CA 94590
If to Contractor: Dario DeVincenzi, Operations Manager
Universal Building Services and Supply Company
3120 Pierce Street
Richmond, CA 94804
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section. Routine administrative communications shall be made pursuant to section 1 of Exhibit A.
24. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
25. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California, without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
27. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any JANITORIAL SERVICES AGREEMENT Page 5 of 69
other right hereunder.
28. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
29. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
31. Compliance with Laws. Contractor will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.
32. Confidentiality of City Information. During the performance of services under this Agreement, Contractor may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Contractor agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Contractor's scope of work, to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.
Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Agreement as confidential.
A violation by Contractor of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.
Contractor's obligations under this section shall survive the completion of services, expiration or termination of this Agreement.
33. News and Information Release. Contactor's agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.
34. City Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.
JANITORIAL SERVICES AGREEMENT Page 6 of 69
35. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
36. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise. Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement.
The failure to send an original shall not affect the binding nature of this Agreement.
37. Authority. The person signing this Agreement for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.
38. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled "Scope of Work," including any attachments.
Exhibit B, entitled "Compensation," including any attachments.
Exhibit C, entitled "Insurance Requirements," including any attachments. [Signatures on following page.]
JANITORIAL SERVICES AGREEMENT Page 7 of 69
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
UNIVERSAL BUILDING SERVICES
AND SUPPLY COMPANY
a California corperation
CITY OF VALLEJO
a municipal corporation
Date: August 20, 2019
City 1\ nØger
Date: 10/I51ícì
By: ÂM Ü Q. n-
Dáno DeVIncenzi
Operations Manager
Business License No.: ATTEST:
By:( / P
Uàp I
20- 00003180
61. ' 9,- :,I , · - 1- ·A 0 .741Àlk
1 G. AFírY-amsón
City Clerk 6
(City Seal)
AP OVED AS pM' ENT:
t. Arlk# 1
Terrance Davis #-
Public Works Director
,Pßßakp AS T
:2Aim ( untana
A O FORM:
City Attorney
$ 35.Lí C =-'
APBROVED AS TO INSURANCE:
2/5AC-
Erika Leähf
Risk Manager
JANITORIAL SERVICES AGREEMENT Page 8 of 69
EXHIBIT A
SCOPE OF WORK
A. Representatives.
The City Representative for this Agreement is:
Roland Rojas, Assistant Maintenance SuperintendenUFacilities & Grounds Public Works Department, Maintenance Division
111 Amador Street
Vallejo, CA 94590
Phone Number: (707) 648-4557 Fax Number: (707) 648-4086 Email: [email protected]
The Contractor's Representative for this Agreement is:
Dario DeVincenzi, Operations Manager
Universal Building Services and Supply Company
3120 Pierce Street
Richmond, CA 94804
Phone Number: (510) 527-1078 Fax Number: (510) 526-7289 All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission or electronic mail as agreed between the Contractor Representative and City's Representative.
B. Services to be Provided.
The Janitorial Services provided shall be as set forth in Attachments 1,2 and 3of Exhibit A, attached hereto and incorporated herein by this reference.
C. Time for Performance.
Contractor will perform the services according to the schedule contained in Attachment 3 of Exhibit A. If the schedule calls for the services to be performed in phases or discrete increments, Contractor shall not proceed from one phase or increment to the next without written authorization from the City's Representative.
JANITORIAL SERVICES AGREEMENT Page 9 of 69
Exhibit A
EXHIBIT A, ATTACHMENT 1
SCOPE OF WORK
1. TASKS AND STANDARDS
The following standards describe the various tasks which shall be accomplished at frequencies as detailed in Exhibit A, Attachment 2 of this Agreement. The City shall be the sole judge of quality of work and compliance with these standards. All work must meet at least the following minimum standards of cleanliness:
A. Empty Trash - The following tasks and associated standards are included in this category:
1. Empty All Trash Receptacles - The Contractor shall empty and return to their original location all waste baskets, sanitary napkin disposal containers and other trash receptacles within the area. Boxes, cans and papers placed near a trash receptacle and marked "Trash" shall be removed by the Contractor.
Waste receptacles shall be kept thoroughly cleaned at all times and plastic trash liners shall be used. Liners shall be replaced when soiled or torn. The Contractor shall dispose of all trash in outside receptacles designated for such use using plastic secured with ties. Contractor shall transport all trash in a separate trash receptacle with wheels. On no uncertain terms shall trash bags be hand carried to the outside receptacle. Any trash that may fall in or around the facility or grounds during the removal of collected trash shall be immediately removed.
2. Empty Cigarette Butt Receptacles/Ashtrays - The Contractor shall empty and clean all cigarette butt receptacles so that after cleaning they are free of visible ashes, dirt, film water residue, etc. Contractor shall add sand as necessary.
Such receptacles will be emptied into a Contractor furnished metal receptacle, provided for this purpose and shall not be emptied into waste paper baskets or combustible containers.
3. Empty Recyclable Paper Receptacles - The Contractor shall empty and return to their original locations all receptacles designated for paper recycling.
Paper will be emptied into designated recycling bins only. The receptacles shall be kept thoroughly clean at all times.
B. Maintain Floors - The following tasks and associated standards are included in this category:
Janitorial Services Agreement
Exhibit A - Attachment 1
1. Sweep Floors - The Contractor shall sweep floors, ramps, walkways, stairways and landings, including corners and abutments, so that after cleaning they are free of all visible litter, dust and foreign debris. Chairs, trash receptacles and easily movable items shall be moved to sweep underneath and returned to their original location when cleaning is completed. Gum, tar or other foreign debris shall be removed immediately.
2. Dust Mop Floors - The Contractor shall dust mop floors, ramps, walkways, stairways and landings, including corners and abutments, so that after cleaning they are free of all visible litter, dust and foreign debris. Chairs, trash receptacles and easily movable items shall be moved to dust mop underneath and returned to their original location when cleaning is completed. Gum, tar or other foreign debris shall be removed immediately. When dust mopping computer areas, the Contractor shall use lint-free dust mops which have been treated to prevent static electricity. Products used to treat mops shall be nonflammable and nontoxic.
3. Vacuum Carpet - The Contractor shall vacuum all carpeted floor areas so that after vacuuming they are free of all litter, dust, etc. Chairs, trash receptacles and easily movable items shall be moved to vacuum underneath and returned to their original location when cleaning is completed. Gum, tar, stains or other spots shall be removed immediately. If Contractor cannot remove such item, stain, debris the Contract Administrator shall be notified immediately to make a determination as to action. When vacuuming computer areas, Contractor shall use only vacuums equipped with filters capable of preventing dust particles from entering computers.
4. Damp Mop Floors - The Contractor shall damp mop all accessible floors, stairways and landings, including corners and abutments, so that after cleaning they are uniform in appearance and are free of streaks, swirl marks, detergent residue, or any evidence of stains, soil, film, debris or standing water. Chairs, trash receptacles and easily movable items shall be moved to mop underneath and returned to their original location when cleaning is completed. Splash marks on furniture, walls, baseboards, etc. shall be removed immediately. The Contractor shall display caution signs when floors are wet and people other than contract employees are present. Signs shall remain in place until floors are dry. Signs shall read "CAUTION - WET FLOOR." Caution shall be taken when cleaning raised floor in computer rooms. These floors shall be cleaned so that water does not penetrate between floor panels.
5. Spot Polish Floors - The Contractor shall buff and polish all appropriate floors accessible by floor machines. After polishing, the entire floor shall have a uniform glossy appearance and be free of scuff marks, heel marks and other stains and discoloration. The Contractorshall remove floor finish solutions from baseboards, walls, furniture, etc. after polishing. Chairs, trash receptacles and Janitorial Services Agreement
Exhibit A - Attachment 1
easily movable items shall be moved to polish underneath and returned to their original location after polishing. The Contractor shall apply these techniques only to the portion of the floor needing work to bring the entire surface up to the above standard. The Contractor shall not apply such finishes on stairs, nor shall they be applied to any unclean floor.
6. Wax and Polish Floors - The Contractor shall clean and wax all appropriate floors accessible to floor machines. After waxing, the entire floor shall have a uniform glossy appearance and be free of scuff marks, heel marks and other stains and discoloration. The wax used shall be a high gloss, non-skid wax.
The Contractor shall remove wax from baseboards, walls, furniture, etc. after waxing. Chairs, trash receptacles and movable items shall be moved to wax underneath and returned to their original location when waxing is complete.
The Contractor shall not apply such finishes on stairs, nor shall they be applied onto an unclean floor.
7. Carpet Cleaning - The Contractor shall vacuum all carpeting prior to cleaning.
Carpet cleaning shall be hot or cold water dirt extraction method with or without pile lifting procedures and no bonnet buffing shall be allowed.
C. Clean Outside Areas - The following tasks and associated standards are included in this category:
1. Sweep Outside Areas - The Contractor shall sweep ramps, sidewalks, patios, and other cement areas with a stiff bristle broom or gas-powered vacuum. After cleaning, areas shall be free of trash, refuse, litter, debris, tar, gum, etc. Trash, refuse, litter, debris, tar, gum, etc. shall be swept off the ramp onto adjacent surfaces, but shall be collected and deposited in appropriate refuse containers.
2. Clean Walk-Off Mats - The Contractor shall vacuum all carpeted entrance mats to remove soil and grit and to restore resiliency of the carpet pile. Rubber or polyester entrance mats shall be swept, vacuumed or hosed down outside to remove soil and grit. Soil and moisture underneath entrance mats shall be removed and mats returned to their original location.
3. All Entry Doors - The Contractor shall clean the glass entry doors, inside and out, including door frames and sills. Glass shall be clear of all streaking and smudging. The door framework and sills shall be free of dust, dirt, lint, spider webs and other debris.
4. Glass Walls around Entry Doors - The Contractor shall clean the glass walls surrounding the glass entry doors, inside and out, including framework and sills.
Glass shall be clear of all streaking and smudging. The surrounding doors, framework and sills shall be free of dust, dirt, lint, spider webs and other debris.
Janitorial Services Agreement
Exhibit A - Attachment 1
D. Provide Basic Cleaning - The following tasks and associate standards are included in this category:
1. Clean Glass Surfaces - The Contractor shall clean glass partitions, interior and exterior glass doors and surrounding areas to include sills and ledges, the interior of all windows, glass display cases, directory boards, glass cabinets and other glass surfaces so that after cleaning there shall be no traces of film, dirt, smudges, water or other foreign matter.
2. Spot Cleaning - The Contractor shall remove smudges, fingerprints, marks, streaks, dust, etc., from washable surfaces of partitions, stalls, interior and exterior of doors, door jams, baseboards, cabinets, soap/towel dispensers, lockers, file cabinets, service counters, banisters, hand rails and all other washable surfaces. The Contractor shall spot clean using appropriate methods for the surface being cleaned. After spot cleaning, all surfaces shall have a clean, uniform appearance.
3. Clean "Coffee" Counter Areas - The Contractor shall clean and disinfect all porcelain, polished metal surfaces, sinks, and adjacent counter tops with a germicidal detergent. Appliances shall be wiped clean as needed. After cleaning, all surfaces shall be wiped clean as needed. After cleaning, all surfaces shall be free of dirt, grime, film, stains, scum, soap residue, dust and other foreign matter. All towel and soap dispensers shall be filled to insure that supplies do not run out before the next service. Fixtures and dispensers shall be checked for proper operation, and the Contract Administrator notified if any discrepancies are noted. Coffee pots shall not be cleaned unless specifically requested.
4. Break Room - The Contractor shall clean and disinfect all porcelain, polished metal surfaces, tables, sinks, and adjacent counter tops with a germicidal detergent. Appliances shall be wiped clean as needed. After cleaning, all surfaces shall be wiped clean as needed. After cleaning, all surfaces shall be free of dirt, grime, film, stains, scum, soap residue, dust and other foreign matter. All towel and soap dispensers shall be filled to insure that supplies do not run out before the next service. The refrigerator shall be cleaned on a weekly basis. The contents of the refrigerator shall be thrown away at the end of each Friday afternoon. Floors shall be damp mopped.
5. Routine Dusting - The Contractor shall perform dusting to remove all dust, lint, and dry soil from surfaces of desks, chairs, file cabinets, office furniture and equipment, wall hangings, partitions, ledges, window sills, stair handrails, etc. to a line 6' - 0" above the floor level. Computer equipment shall not be dusted. * Dusting in computer rooms shall be accomplished using lint free dust cloths which have been treated to prevent static electricity. Products used to treat Janitorial Services Agreement
Exhibit A - Attachment 1
dust cloths shall be nonflammable and nontoxic. Computer equipment shall not be dusted.
E. Clean Drinking Fountains - The Contractor shall clean and disinfect all porcelain and polished metal surfaces, including the orifices and drain, so that after cleaning, the entire drinking fountain will have a clean appearance and be free from streaks, spots, stains, smudges, scale and other obvious soil.
F. Clean Elevators - The Contractor shall clean the floor of the elevator using the applicable floor cleaning method. Walls, including the adjacent trim and entrances at each floor shall be cleaned so that after cleaning there shall be no trace of film, dirt, smudges, water or other foreign matter. The ceiling grids or diffusers shall be cleaned as often as necessary to maintain uniform cleanliness. All trash and foreign matter shall be removed immediately.
G. Clean Restroom - This category includes lounges, showers and locker room areas.
When cleaning these facilities the Contractor shall display signs which read "RESTROOM BEING SERVICED - DO NOT ENTER." These signs shall remain in place until the cleaning is completed and the floor is dry. The following tasks and associated standards are included in this category:
1. Floors - The Contractor shall clean all accessible floor surfaces, including corners and abutments, using a germicidal solution, so that after cleaning they are uniform in appearance and are free of streaks, swirl marks, detergent residue, or any evidence of stains, soil film, debris or standing water. Trash receptacles and easily movable items shall be moved to clean underneath and returned to their original location when cleaning is completed. Splash marks on walls, baseboards, etc. shall be removed immediately. The Contractor shall place water with disinfectant in each floor drain trap at the completion of each service.
2. Clean/Disinfect Fixtures - The Contractor shall completely clean and disinfect all surfaces of the rest rooms including walls, partitions, stalls, stall doors, toilet bowls, urinals, lavatories, plumbing fixtures, counters, showers (includes ceilings, walls, floors, curtains and other door coverings), mirrors and other such surfaces, using a germicidal detergent. After cleaning all surfaces shall be free of dirt, grime, film, stains, scum, soap residue, dust and other foreign matter. All toilets and urinals must flush properly after cleaning. All fixtures and dispensers should be checked for proper operation, and the Contract Administrator notified if any discrepancies are noted. The Contractor shall be responsible to unclog routine toilet stoppages.
3. Descale - The Contractor shall descale interior of toilet bowls and urinals so that after cleaning, the entire surface shall be free of streaks, stains, scum, scale, urine deposits and rust stains.
Janitorial Services Agreement
Exhibit A - Attachment 1
4. Supplies - The Contractor shall supply restrooms with toilet paper, toilet seat covers, paper towels and liquid/powdered soap to ensure that supplies do not run out before the next service. Contractor shall expect to restock supplies at least two times daily.
5. Empty Trash - per previous standards.
H. Low Dusting - The Contractor shall perform low dusting so that after dusting, all dust, liner, lint, and dry soil shall be removed from surfaces of air/exhaust vents, light fixtures, corners of the wall and ceiling, partitions, ledges, sills, blinds, and other surfaces to a level of 8' - 0" from floor level.
* Low Dusting in computer rooms shall be accomplished using lint free dust cloths which have been treated to prevent static electricity. Products used to treat dust cloths shall be nonflammable and nontoxic. Computer equipment shall not be dusted.
1. High Dusting - Contractor shall perform high dusting so that after dusting, all dust, litter, lint, and dry soil, cobwebs, etc. shall he removed from all surfaces to a level of 14' - 0" from floor level.
* High Dusting in computer rooms shall be accomplished using lint free dust cloths which have been treated to prevent static electricity. Products used to treat dust cloths shall be nonflammable and nontoxic. Computer equipment shall not be dusted.
J. Clean Light Fixtures - The Contractor shall clean interior and/or exterior of light fixtures including diffusers so that after cleaning, light fixtu res shall be free of dirt, dust, grease or other foreign matter.
K. Clean Return/Supply Registers and Ducts - The Contractor shall remove and clean interior and exterior of registers so that after cleaning registers shall be free of dust, dirt, grease and other foreign matter. While registers are removed, vacuum the ducts to a minimum of two (2) feet from the openings on all sides. After vacuuming the ducts shall be free of dust, dirt and other foreign mater. Reinstall all registers after cleaning is completed. Contractor shall not be required to clean registers and ducts that are more than twelve (12) feet above the floor surface.
L. Remove Graffiti - The Contractor shall immediately remove any graffiti from a maintained area so that after removal, all traces of any foreign matter have been removed. The cleaned surface shall have uniform appearance and be free of streaks, swirl marks and any evidence of soil or stain. If the Contractor cannot remove such graffiti, the Contract Administrator shall be notified immediately to make a determination as to corrective action. Graffiti which by necessity must be sandblasted off or painted over is not the responsibility of the Contractor.
Janitorial Services Agreement
Exhibit A - Attachment 1
M. Strip and Wax Floors - The Contractor shall first clean by stripping off all old wax and then wax all appropriate floors accessible to floor machines. After waxing, the entire floor shall have uniform and glossy appearance and be free of scuff marks, heel marks and other stains and discoloration. The wax used shall be a high gloss, non-skid wax. The Contractor shall remove wax from baseboards, walls, furniture, etc. after waxing. Chairs, trash receptacles and easily movable items shall be moved to wax underneath and returned to their original location when waxing is completely dry. The Contractor shall not apply such finishes on stairs, nor shall they be applied onto an unclean floor.
2. MISCELLANEOUS TASKS AND STANDARDS
The following tasks are those that are performed from time to time as requested.
The City shall be the sole judge of quality of work. All work must meet at least the following minimum standards:
A. Secure Buildings - Contractor shall be required to secure various buildings as outlined in Exhibit A, Attachment 2. In addition, if cleaning occurs outside of normal working hours, the Contractor shall be responsible for securing building upon completion of their cleaning tasks. When this is the case, the Contractor shall check and secure all windows, doors and gates turn off all but designated night lights, set security alarm if applicable, and exit and lock the building.
B. Miscellaneous Clean Ups - The Contractor may be requested to perform miscellaneous cleanup duties in addition to those tasks specifically listed herein at the request of authorized Contract Administrator.
3. RESPONSE STANDARDS
A. Urgent Response - Contractor may be called upon to perform unscheduled clean up or other functions of an urgent nature during regular business hours between 8:00 a.m. and 5:00 p.m. If contract personnel are working in the area, such response will be within fifteen (15) minutes and will be at no additional cost to the City. If contract personnel are not working in the building, such response will be billed at the Urgent Response rate as specified in Exhibit B of this Agreement. In no event shall such work relieve Contractor from performing normal scheduled services.
B. Complaint Response - The Contractor shall be required to designate at least one (1) supervisor for the purpose of responding to customer complaints. This person(s) shall be equipped with a cell phone to insure a response to a customer complaint within two (2) hours of notification from the Contract Administrator. Correction of complaint shall take place at no additional cost to the City. In no event shall such work relieve the Contractor from performing normal scheduled services.
Janitorial Services Agreement
Exhibit A - Attachment 1
C. Emergency Response - Contractor shall have a current telephone number, cell phone, or other acceptable means of contact that when called upon by authorized City personnel will enable Contractor to respond, within thirty (30) minutes of receiving the call, to after-hours emergencies that pose immediate health and/or safety hazards. Such services will be billed at the Emergency Response rate as specified in Exhibit B of this Agreement. In no event shall such work relieve Contractor from performing normal scheduled services. If the emergency exists in an area that is subject to minimum staffing, the City may utilize these employees to respond to the emergency at no additional cost to City during such minimum staffing periods.
D. Scheduled Additional Duties - From time to time, the Contractor may be called upon to perform janitorial services in support of a special function or event which requires staffing beyond that called for herein. In such cases, the Contractor shall be notified of these requirements a minimum of 48 hours in advance of the requirement. In all cases, the Contractor shall be guaranteed a minimum of two hours pay per person required at the rate bid for additional services/emergency calls.
In no event shall such services relieve the Contractor from the normal scheduled work.
4. QUALITY ASSURANCE AND SAFETY
A. Training - The Contractor shall provide training to all employees and shall provide documentation of such training to the Contract Administrator upon request. The training shall include, but not be limited to the following:
Dust mopping Wet mopping Spray buffing
Wax stripping Waxing Buffing
Rest Room Care Employee Safety Safety Data Sheets (SDS) B. Identification - Contractor shall provide employees with uniform or smock and/or suitable photo identification to be worn at all times while performing janitorial services at City properties.
D. Random Inspection - The Contract Administrator shall conduct random inspections of the areas and buildings included under the Janitorial Services Contract. Any deficiencies noted, shall be corrected by the Contractor immediately at no additional cost to the City. Payment of the submitted invoice shall be withheld until the corrective action is taken.
E. Complaint Forms - Employees of the City of Vallejo shall have a complaint form to route complaints to the Contract Administrator, and subsequently, the Contractor's supervisory personnel for corrective action. Continued complaints of a similar nature may result in cancellation of the Janitorial Services Contract due to non-compliance.
Janitorial Services Agreement
Exhibit A - Attachment 1
EXHIBIT A, ATTACHMENT 2
SCOPE OF WORK
DETAILED MAINTENANCE REQUIREMENTS
1. DEFINITIONS:
As Requested - Shall mean as requested by Contract Administration or authorized City personnel.
As Required - Shall mean a quantity, to be determined by the Contractor, to meet the minimum standards of cleanliness for services as defined herein.
Immediately - Shall mean as soon as the need arises.
Quarterly - Shall mean four times per year.
Semi-Annually - Shall mean two times per year.
Annuallv - Shall mean once per year.
Contract Administrator - City representative that administers the janitorial service contract.
Contractor - the Company that has been hired by the City to perform janitorial services.
2. DATA FOR SPECIFIC LOCATIONS WITH SPECIAL REQUIREMENTS
2.1 CITY HALL - 555 Santa Clara Street
A. BUILDING INFORMATION:
Approximately 52,500 square feet, 4 - story building Normal Working Hours - 7:30 a.m. to 5:15 p.m. Monday thru Friday, excluding holidays.
Building is available for service at all times. The Contractor shall schedule their work not to interfere with the activities of the building. The City reserves the right to occupy any office, chamber or area for meetings, to the exclusion of the Contractor when necessary. The Contractor shall clean such areas at the conclusion of meetings. Public areas are not available for vacuuming when building is open to the public.
B. AREAS TO BE MAINTAINED
1. Entrance Areas - All entrance areas of the building including sidewalks around the perimeter of the building.
2. Stairwells - All stairwells and landings, interior and exterior.
3. Common Areas - All common areas throughout the building, including lobbies, foyers, hallways, lunchrooms, reading and special purpose areas.
4. Office Areas - All administrative office areas, including conference rooms, rest areas, and private bathrooms in City Manager and Mayor's Offices.
5. Restrooms - All restrooms .
6. Elevators - Interior and Exterior
C. EXCLUDED AREAS - All mechanical rooms and basement area of the east wing.
Janitorial Services Agreement
Exhibit A - Attachment 2
D. SPECIAL REQUIREMENTS
1. Security - The Building is opened by City staff at 6:30 a.m. every working day. A Security Guard is on site during normal working hours unless there is an evening meeting scheduled in the Council Chambers. The Guard will remain on site until the meeting is concluded. If work is scheduled beyond these hours, the Contractor shall secure the building upon completion of work.
2. Special Meetings - Frequent night meetings are scheduled in the Council Chambers. Cleaning must be scheduled to avoid interference with these meetings. A schedule of such meetings will be available from the City Clerk.
3. City Manager's Office - Services performed in the City Manager's Office shall be done while staff is on site. The office will not be available before or after hours or on Friday's.
E. MINIMUM MANNING REQUIREMENTS
There shall be a minimum of one person, in the building during normal working hours as defined above.
2.2 PUBLIC WORKS CORPORATION YARD - 111 Amador Street
A. BUILDING INFORMATION:
Approximately 6,200 square feet
Normal Working Hours - 7.30 a.m. to 5:00 p.m. Monday thru Friday, excluding holidays.
Building is available for service at all times. The Contractor shall schedule their work to not interfere with the activities of the building. The City reserves the right to occupy any office, chamber or area for meetings, to the exclusion of the Contractor when necessary. The Contractor shall clean such areas at the conclusion of meetings. Public areas are not available for vacuuming when building is open to the public.
B. AREAS TO BE MAINTAINED
1. Entrance Areas - All entrance areas of the building including sidewalks around the perimeter of the building.
2. Stairwells - All stairwells and landings, interior and exterior.
3. Common Areas - All common areas throughout the building, including lobbies, foyers, hallways, lunchrooms, reading and special purpose areas.
4. Office Areas - All administrative office areas, including conference rooms, rest areas.
5. Restrooms - All restrooms .
A. EXCLUDED AREAS
Warehouse areas (interior and exterior) and fleet shop area.
B. SPECIAL REQUIREMENTS
None
C. MINIMUM MANNING REQUIREMENTS
There are no minimum manning requirements for this area.
Janitorial Services Agreement
Exhibit A - Attachment 2
2.3 JOHN F. KENNEDY LIBRARY - 505 Santa Clara Street
A. BUILDING INFORMATION:
Approximately 6,300 square feet
Normal Working Hours - M,W 10:00 a.m. to 9:00 p.m. T,TH 10:00 a.m. to 6:00 p.m., F,S 10:00 a.m. to 5:00 p.m.
B. AREAS TO BE MAINTAINED
1. Common Areas - All common areas throughout the building, including elevators, lobbies, foyers, hallways, stairwells and landings and lunchrooms.
2. Restrooms - Restrooms on first floor and main floor.
3. Entrance Areas - All entrance areas of the building including sidewalks around the perimeter of the building.
4. Office Areas - Administrative office areas occupied by the VPD.
5. Meeting Rooms - The Joseph Room and the Vallejo Room
6. Elevators - Interior and Exterior
C. EXCLUDED AREAS
All mechanical areas on the first floor west of the Vallejo Room area, area of first floor to the south of the staff office areas, and Fighting Back area on the third floor (covered under a different contract).
Vallejo Police Department Evidence Room
D. SPECIAL REQUIREMENTS
1. Security - This area is contained within the John F. Kennedy Library. It will be subject to security provisions as outlined for that area. No opening or closing devices are required for this area.
2. Special Meetings - Frequent meetings are held in the Joseph Room and the Vallejo Room. The Contractor shall be required to set up the room for meetings and then tear down and clean up the room after meetings. The room is to be cleaned within one working day of the meeting.
E. MINIMUM MANNING REQUIREMENTS
There are no minimum manning requirements for this building.
2.4 VALLEJO POLICE DEPARTMENT - 111 Amador Street
A. BUILDING INFORMATION:
Approximately 28,500 square feet
Normal Working Hours - Twenty-four hours per day, seven days per week, Sunday through Saturday.
Building is available for service at all times. The Contractor shall schedule their work to not interfere with the activities of the building. The City reserves the right to occupy any office, chamber or area for meetings, to the exclusion of the Contractor when necessary. The Contractor shall clean such areas at the conclusion of meetings. Public areas are not available for vacuuming when building is open to the public.
Janitorial Services Agreement
Exhibit A - Attachment 2
B. AREAS TO BE MAINTAINED
1. Entrance Areas - All entrance areas of the building including sidewalks around the perimeter of the building.
2. Stairwells - All stairwells and landings, interior and exterior.
3. Common Areas - All common areas throughout the building, including lobbies, Myers, hallways, lunchrooms, reading and special purpose areas.
4. Office Areas - All administrative office areas, including conference rooms, and rest areas.
5. Restrooms - All restrooms.
C. EXCLUDED AREAS - All mechanical rooms.
D. SPECIAL REQUIREMENTS
1. Security - All individuals working in this building shall be subject to a police records check. Individuals placed in the building shall be approved by the Chief of Police or his/her designated representative prior to the start of work.
2. Due to the sensitive nature of documents in the Police Records Area, it shall not be cleaned until first checking with the Police Records Supervisor.
E. MINIMUM MANNING REQUIREMENTS
There shall be a minimum of one person in the building during normal working hours, Monday through Saturday. One person from 10:00 a.m. until 2 p.m. on Sundays.
Additional staff may be required during special police programs.
2.5 VPD Community Services - 2 Florida Street
A. BUILDING INFORMATION:
Normal Working Hours - 7:30 a.m. to 5:30 p.m. Monday thru Friday, excluding holidays.
B. AREAS TO BE MAINTAINED
1. Entrance Areas - All entrance areas of the building including sidewalks around the perimeter of the building.
2. Stairwells - All stairwells and landings, interior and exterior.
3. Common Areas - All common areas throughout the building, including lobbies, foyers, hallways, lunchrooms, reading and special purpose areas.
4. Office Areas - All administrative office areas, including conference rooms, and rest areas.
5. Restrooms - All restrooms.
C. EXCLUDED AREAS
None
D. SPECIAL REQUIREMENTS
1. Security - All individuals working in this building shall be subject to a police records check. Individuals placed in the building shall be approved by the Chief of Police or his/her designated representative prior to the start of work.
Janitorial Services Agreement
Exhibit A - Attachment 2
E. MINIMUM MANNING REQUIREMENTS
There are no minimum manning requirements for this area.
2.6 VPD Substation - 980 Nimitz Avenue
A. BUILDING INFORMATION:
Normal Working Hours - 7:30 a.m. to 5:00 p.m. Monday thru Friday, excluding holidays
Building is available for service at all times. The Contractor shall schedule their. work to not interfere with the activities of the building. The City reserves the right to occupy any office, chamber or area for meetings, to the exclusion of the Contractor when necessary. The Contractor shall clean such areas at the conclusion of meetings. Public areas are not available for vacuuming when building is open to the public.
B. AREAS TO BE MAINTAINED
1. Entrance Areas - All entrance areas of the building including sidewalks around the perimeter of the building.
2. Common Areas - All common areas throughout the building, including lobbies, foyers, hallways, stairwells (if applicable), lunchrooms, reading and special purpose areas.
3. Office Areas - All administrative office areas, including conference rooms, and rest areas.
4. Restrooms - All restrooms.
C. EXCLUDED AREAS
None
D. SPECIAL REQUIREMENTS
1. Security - All individuals working in this building shall be subject to a police records check. Individuals placed in the building shall be approved by the Chief of Police or his/her designated representatiVe prior to the start of work.
E. MINIMUM MANNING REQUIREMENTS
There are no minimum manning requirements for this area.
2.7 VPD TRAFFIC DIVISION - 452 Gilcrest
A. BUILDING INFORMATION:
Approximately 3,000 square feet
Normal Working Hours - 7:30 a.m. to 5:30 p.m. Monday thru Friday, excluding holidays
Building is available for service at all times. The Contractor shall schedule their work to not interfere with the activities of the building. The City reserves the right to occupy any officel chamber or area for meetings, to the exclusion of the Contractor when necessary. The Contractor shall clean such areas at the Janitorial Services Agreement
Exhibit A - Attachment 2
conclusion of meetings. Public areas are not available for vacuuming when building is open to the public.
B. AREAS TO BE MAINTAINED
1. Entrance Areas - All entrance areas of the building including sidewalks around the perimeter of the building.
2. Common Areas - All common areas throughout the building, including lobbies, foyers, hallways, stairwells (if applicable), lunchrooms, reading and special purpose areas.
3. Office Areas - All administrative office areas, including conference rooms, and rest areas.
4. Restrooms - All restrooms.
C. EXCLUDED AREAS
None
D. SPECIAL REQUIREMENTS
2. Security - All individuals working in this building shall be subject to a police records check. Individuals placed in the building shall be approved by the Chief of Police or his/her designated representative prior to the start of work.
E. MINIMUM MANNING REQUIREMENTS
There are no minimum manning requirements for this area.
2.8 VPD NORTH POLICE SUBSTATION - 1638 Fairgrounds Drive A. BUILDING INFORMATION:
Approximately 800 square feet
Normal Working Hours - 8:30 a.m. to 5:30 p.m. Monday thru Friday, excluding holidays.
Building is available for service at all times. The Contractor shall schedule their work to not interfere with the activities of the building. The City reserves the right to occupy any office, chamber or area for meetings, to the exclusion of the Contractor when necessary. The Contractor shall clean such areas at the conclusion of meetings. Public areas are not available for vacuuming when building is open to the public.
B. AREAS TO BE MAINTAINED
1. Entrance Areas - All entrance areas of the building including sidewalks around the perimeter of the building.
2. Common Areas - All common areas throughout the building, including lobbies, foyers, hallways, stairwells (if applicable), lunchrooms, reading and special purpose areas.
3. Office Areas - All administrative office areas, including conference rooms, and rest areas.
4. Restrooms - All restrooms.
Janitorial Services Agreement
Exhibit A - Attachment 2
C. EXCLUDED AREAS
None
D. SPECIAL REQUIREMENTS
1. Security - All individuals working in this building shall be subject to a police records check. Individuals placed in the building shall be approved by the Chief of Police or his/her designated representative prior to the start of work.
E. MINIMUM MANNING REQUIREMENTS
There are no minimum manning requirements for this area.
2.10 FERRY TERMINAL - 289 Mare Island Wav
A. BUILDING INFORMATION:
Approximately 6,700 square feet
Normal Working Hours:
Ferry Terminal - 5:00 a.m. to 5:00 p.m. Monday thru Friday; 6:30 a.m. to 5:00 p.m. Saturday, Sunday and Holidays.
Tap Room - 11:30 a.m. to 10 p.m. daily
B. AREAS TO BE MAINTAINED
1. Entrance Areas - All entrance areas of the building including sidewalks around the perimeter of the building.
2. Stairwells - All stairwells and landings, interior and exterior.
3. Common Areas - All common areas throughout the building, including lobbies, Myers, hallways, lunchrooms, reading and special purpose areas.
4. Office Areas - All administrative office areas, including conference rooms, and rest areas.
5. Restrooms - All restrooms.
C. EXCLUDED AREAS - Concessionaire leased areas. Ferry ticket sales area, information booth, and mechanical rooms.
D. SPECIAL REQUIREMENTS
1. Security - Building shall be opened at 6:00 a.m. each morning and closed at 8:00 p.m. each evening.
2. This building shall be opened and closed on all holidays except Thanksgiving Day and Christmas Day.
3. Restrooms - This building has heavy traffic that coincides with the Ferry schedule. Restrooms must be cleaned periodically throughout the day to insure their cleanliness.
E. MINIMUM MANNING REQUIREMENTS
There are four Day Porter shifts at this building Thursday thru Monday as follows:
8:00 a.m. - 10:00 a.m. 12:00 p.m. - 2:00 p.m.
4:00 p.m. - 6:00 p.m. 8:00 p.m. - 10:00 p.m.
Janitorial Services Agreement
Exhibit A - Attachment 2
And, three Day Porter shifts on Tuesday and Wednesday as follows:
6:00 a.m. - 8:00 a.m. 10:00 a.m. - 12:00 p.m.
2:00 p.m. - 4:00 p.m.
2.11 Valleio Station Parking Structure 415 Santa Clara St A. BUILDING INFORMATION:
Normal Working Hours - 7:30 a.m. to 5:30 p.m. Monday thru Friday, excluding holidays.
B. AREAS TO BE MAINTAINED
1. Entire parking structure including stairs, elevators, pedestrian walkway and ramps.
C. EXCLUDED AREAS
None
D. SPECIAL REQUIREMENTS
Maintain and keep on site a ride on sweeper.
E. MINIMUM MANNING REQUIREMENTS
There are no minimum manning requirements for this area.
2.12 Housing Authority 200 Georgia Street
A. BUILDING INFORMATION:
Normal Working Hours - 7:30 a.m. to 5:30 p.m. Monday thru Friday, excluding holidays.
B. AREAS TO BE MAINTAINED
1. Entrance Areas - All entrance areas of the building including sidewalks around the perimeter of the building.
2. Common Areas - All common areas throughout the building, including lobbies, foyers, hallways, stairwells (if applicable), lunchrooms, reading and special purpose areas.
3. Office Areas - All administrative office areas, including conference rooms, and rest areas.
4. Restrooms - All restrooms.
C. EXCLUDED AREAS
None
D. SPECIAL REQUIREMENTS
None
E. MINIMUM MANNING REQUIREMENTS
Janítorial Services Agreement
Exhibit A - Attachment 2
There are no minimum manning requirements for this area.
2.13 FIRE DEPARTMENT, ADMIN BUILDING - 970 Nimitz Street A. BUILDING INFORMATION:
Approximately 17,148 square feet
Normal Working Hours - 8:00 a.m. to 5:30 p.m. Monday thru Thursday, 8:00 a.m. to Noon Friday, excluding holidays.
B. AREAS TO BE MAINTAINED
1. Entrance Areas - All entrance areas of the building including sidewalks around the perimeter of the building.
2. Stairwells - All stairwells and landings, interior and exteNor.
3. Common Areas - All common areas throughout the building, including lobbies, foyers, hallways, lunchrooms, reading and special purpose areas.
4. Office Areas - All administrative office areas, including conference rooms, and rest areas.
5. Restrooms - All restrooms.
C. EXCLUDED AREAS
None
D. SPECIAL REQUIREMENTS
None
E. MINIMUM MANNING REQUIREMENTS
There are no minimum manning requirements for this area.
2.14 MARE ISLAND CONFERENCE CENTER - 375 G Street
A. BUILDING INFORMATION
Normal Working Hours - 7:30 a.m. to 5:30 p.m. Monday thru Friday, excluding holidays.
B. AREAS TO BE MAINTAINED
1. Entrance Areas - All entrance areas of the building including sidewalks around the perimeter of the building.
2. Common Areas - All common areas throughout the building, including lobbies, foyers, hallways, lunchrooms, reading and special purpose areas.
3. Office Areas - All administrative office areas, including conference rooms, and rest areas.
4. Restrooms - All restrooms.
C. EXCLUDED AREAS
None
Janitorial Services Agreement
Exhibit A - Attachment 2
D. SPECIAL REQUIREMENTS
None
E. MINIMUM MANNING REQUIREMENTS
There are no minimum manning requirements for this area.
2.15 Marina Harbor Master Building - 42 Harbor Wav
A. BUILDING INFORMATION
Normal Working Hours - 8:30 a.m. to 4:40 p.m. Monday thru Friday, excluding holidays.
Building is available for service at all times. The Contractor shall schedule their work to not interfere with the activities of the building. The City reserves the right to occupy any office, chamber or area for meetings, to the exclusion of the Contractor when necessary. The Contractor shall clean such areas at the conclusion of meetings. Public areas are not available for vacuuming when building is open to the public.
B. AREAS TO BE MAINTAINED
1. Entrance Areas - All entrance areas of the building including sidewalks around the perimeter of the building.
2. Stairwells - All stairwells and landings, interior and exterior.
3. Common Areas - All common areas throughout the building, including lobbies, foyers, hallways, lunchrooms, reading and special purpose areas.
4. Office Areas - All administrative office areas, including conference rooms, and rest areas.
5. Restrooms - All restrooms.
C. EXCLUDED AREAS
None
D. SPECIAL REQUIREMENTS
None
E. MINIMUM MANNING REQUIREMENTS
There are no minimum manning requirements for this area.
2.16 Waterfront Restrooms - 1 Curtola, K Dock. Bldg #7
A. BUILDING INFORMATION
Building is available for service at all times. The Contractor shall schedule their work to not interfere with the activities of the building. The City reserves the right to occupy any office, chamber or area for meetings, to the exclusion of the Contractor when necessary. The Contractor shall clean such areas at the conclusion of meetings. Public areas are not available for vacuuming when building is open to the public.
Janitorial Services Agreement
Exhibit A - Attachment 2
B. AREAS TO BE MAINTAINED
1. Restrooms - All restrooms
C. EXCLUDED AREAS
None
D. SPECIAL REQUIREMENTS
None
E. MINIMUM MANNING REQUIREMENTS
There are no minimum manning requirements for this area.
2.17 FLEMING HILL WATER TREATMENT PLANT - 202 Fleming Hill Road A. BUILDING INFORMATION
Approximately 3,000 square feet
Normal Working Hours - 8:30 a.m. to 5:15 p.m. Monday thru Friday, excluding holidays.
Building is available for service at all times. The Contractor shall schedule their work to not interfere with the activities of the building. The City reserves the right to occupy any office, chamber or area for meetings, to the exclusion of the Contractor when necessary. The Contractor shall clean such areas at the conclusion of meetings. Public areas are not available for vacuuming when building is open to the public.
B. AREAS TO BE MAINTAINED
1. Entrance Areas - All entrance areas of the building including sidewalks around the perimeter of the building.
2. Stairwells - All stairwells and landings, interior and exterior.
3. Common Areas - All common areas throughout the building, including lobbies, foyers, hallways, lunchrooms, reading and special purpose areas.
4. Office Areas - All administrative office areas, including conference rooms, and rest areas.
5. Restrooms - All restrooms.
6. Elevators - Interior and Exterior
C. EXCLUDED AREAS
Laboratory counters shall not be touched or cleaned by Contractor.
D. SPECIAL REQUIREMENTS
None
E. MINIMUM MANNING REQUIREMENTS
There are no minimum manning requirements for this area.
Janitorial Services Agreement
Exhibit A - Attachment 2
2.18 FLEMING HILL MUD PRESS - 450 Lakeside Drive
A. BUILDING INFORMATION:
Normal Working Hours - 7:30 a.m. to 5:30 p.m. Monday thru Friday, excluding holidays.
B. AREAS TO BE MAINTAINED
1. Entrance Areas - All entrance areas of the building including sidewalks around the perimeter of the building.
2. Common Areas - All common areas throughout the building, including lobbies, Myers, hallways, stairwells (if applicable), lunchrooms, reading and special purpose areas.
4. Office Areas - All administrative office areas, including conference rooms, and rest areas.
5. Restrooms - All restrooms.
C. EXCLUDED AREAS
None
D. SPECIAL REQUIREMENTS
None
E. MINIMUM MANNING REQUIREMENTS
There are no minimum manning requirements for this area.
Janitorial Services Agreement
Exhibit A - Attachment 2
EXHIBIT A, ATTACHMENT 3
CITY OF VALLEJO
VALLEJO POLICE DEPARTMENT, 111 AMADOR STREET
JANITORIAL SERVICE WORK TASK & FREQUENCY SCHEDULE
Frequency of Work
Main Floor , Basement
Item Description
Empty Trash Containers Each Work Station,
Conference Rooms & Common Areas
Empty Trash Containers Outside Each
Bathroom Location
Weekly Monthly Quarterly Semi -Annually Annually
Mon Tues Wed Thurs Fri Sat Sun
XXXXXXX
XXXXXXX
Maintain Floors:
Sweep XXXXXXX
Dust Mop Floors X X
Vacuum Carpets
Damp Mop
Spot Polish
Strip, Wax and Polish
Polish Brass Rails (2nd &3rd Floors)
Basic Cleaning:
Clean Glass Surfaces XXXXXXX
Spot Cleaning
Clean "Coffee " Counter Areas XXXXXXX
Routine Dusting
Clean Drinking Fountains XXXXXXX
Low Dusting X
High Dusting
Clean Fixtures
Clean Return/Supply Registers
Strip & Wax Floors
Carpet Cleaning *
Clean Glass Entry Doors 1st & 2nd Floor XXXXXXX
Clean Glass Surrounding Entry Doors XXXXXXX
Janitorial Services Agreement
Exhibit A - Attachment 3
Frequency of Work
Weekly
Monthly Quarterly Semi-Annually Annually
Restrooms
Mon Tues Wed Thurs Fri Sat Sun
Item Descrìptìon
Clean/ Disinfect fixtures XXXXXXX
Floors **
Toilets / Urinals XXXXXXX
Clean Counters XXXXXX
Clean Mirrors XXXXXXX
Descale
Supplies (2x daily or as needed) .*. XXXXXXX
Empty Trash XXXXXXX
Strip, Wax & Polish Floors
* - Includes 1st Floor Employee Bathrooms
** - 1st & 2nd Floor Bathroom Frequency is Daily
*** Day Porter Service is required to refill supplies between the hours of 12:00 PM and 1:00 PM Clean Outside Areas
Item Description
Weekly
Mon Tues Wed Thurs Fri Sat Sun Monthly Quarterly Semi-Annually Annually Sweep Outside
Clean Walk-Off Mats XXXXXXX
Empty Trash Receptacles XXXXXXX
Empty Cigarette Butt Receptacle/Ashtrays X X X X X X X Lunch Room - 1 st Floor Weekly
Item Description
Empty Trash Receptacles
Clean Tables
Sweep Floors
Damp Mop
Clean Refrigerator & Microwave
Clean Counter and Sink
Mon Tues Wed Thurs Fri Sat Sun Monthly Quarterly Semi-Annually Annually
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
VPD 2 of 7
Janitorial Services Agreement
Exhibit A - Attachment 3
Frequency of Work
Investigations Offices
Item Description
Empty Trash Receptacles
Vacuum Carpets
Dusting -Conference table & Dias
Low Dusting
High Dusting
Weekly
Mon Tues Wed Thurs Fri Sat Sun Monthly Quarterly Semi-Annually Annually
XXXXXXX
XXXXXXX
X
X
X
Executive Offices
Item Description
Empty Trash Receptacles
Vacuum Carpets
Dusting
Low Dusting
High Duting
Weekly
Mon Tues Wed Thurs Fri Sat Sun Monthly Quarterly Semi-Annually Annually
XXXXXXX
X X
X
X
X
Watch Commander
Item Description
EmptY Trash Receptacles
Vacuum Carpets
Dusting
Low Dusting
High Dusting
Weekly
Mon Tues Wed Thun Fri Sat Sun Monthly Quarterly Semi-Annually Annually
XXXXXXX
XXXXXXX
X
X
X
IT Office
Item Description
Empty Trash Receptacles
Dusting
Vacuum Carpets
Weekly
Mon Tues Wed Thun Fri Sat Sun Monthly Quarterly Semi-Annually Annually
XXXXXXX
X
XXXXXXX
Janitorial Services Agreement
Exhibit A - Attachment 3
Frequency of Work
Records Weekly
Item Description
Empty Trash Receptacles
Vacuum Carpets
Dusting
Low Dusting
High Dusting
Mon Tues Wed Thurs Fri Sat Sun Monthly Quarterly Semi-Annually Annually
XXXXXXX
X X
X
X
X
All Other Offices
Item Description
Weekly
Mon Tues Wed Thue Fri Sat Sun Monthly Quarterly Semi-Annually Annually Empty Trash Receptacles XXXXXXX
Vacuum Carpets X X
Dusting X
Low Dusting X
High Dusting X
Weekly
Mon Tues Wed Thurs Fri Sat Sun Monthly Quarterly Semi-Annually AnnuallyLocker Room / Restroom Item Description
Showers X X X
Clean/Disinfect fixtures XXXXXXX
Toilets / Urinals XXXXXXX
Floors ** X X
Clean Counters XXXXXXX
Descale
Supplies (2x daily or as needed) - X X X X X X X
Empty Trash XXXXXXX
Strip, Wax & Polish Floors
*** Day Porter Service is required to refill supplies between tie hours of 12:00 PM and 1:00 PM VPD 4 of 7 Janitorial Services Agreement
Exhibit A - Attachment 3
Frequency of Work
Gym
Item Description
Empty Trash Receptacles
Sweep Floors
Damp Mop Floors
Equipment Dusting
Weekly
Mon Tues 1Wed Thurs Fri Sat Sun Monthly Quarterly Semi-Annually Annually
XXXXXXX
X
X
X
Briefing Room
Item Description
Empty Trash Receptacles
Sweep Floors
Damp Mop Floors
Dustìng
Weekly
Mon Tues Wed Thurs Fri Sat Sun Monthly Quarterly Semi-Annually Annually
XXXXXXX
X X
X X
X
Kitchen
Item Descriptìon
Weekly
Mon Tues Wed Thurs Frí Sat Sun Monthly Quarterly Semi-Annually Annually Empty Trash Receptacles XXXXXXX
Clean Tables XXXXXXX
Sweep Floors XXXXXXX
Damp Mop XXXXXXX
Clean Refrigerator & Microwave XXXXXXX
Clean Counter and Sink XXXXXXX
Holding Cell Area
Item Description
Clean in Morning Daily
Weekly
Mon Tues Wed Thurs Frí Sat Sull Monthly Quarterly Semi-Annually Annually
XXXXXXX
Janitorial Services Agreement
Exhibit A - Attachment 3
Frequency of WorkEvidence Storage Locker
Item Descrìpti on
Weekly
Mon Tues Wed Thurs f , 1 Sat Sun Monthly Quarterly 5emi-Annually Annually Vacuum Carpets X
Interview Rooms
Item Description
Weekly
Mon Tues Wed Thurs Fri Sat Sun Monthly Quarterly Semi-Annually Annually Vacuum Carpets x
Professional Standards Office
Item Description
Weekly
Mon Tues Wed Thun Frí Sit Sun Monthly Quarterly Semi-Annually Annually Empty Trash XXXXXXXClean / Disinfect Bathrooms XXXXXXXDust X Lobby
Item Description
Weekly
Mon Tues Wed Thufs Fri Sat 5wn Monthly Quarterly Semi-Annually Annually Empty Trash
Clean Gla55 Entry Doors & Surrounding
Glass
Sweep / Mop Floors
DU5t
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
Entrances
Item Description
Weekly
Mon Tues Wed Thurs Fri Sat Sun Monthty Quarterly Semi-Annually Annually West Entrance XXXXXXX
VPD 6 of 7
Janitorial Services Agreement
Exhibit A - Attachment 3 Page 35 of 69
Frequency of Work
Modular Building - Volunteer Office
Item Description
Weekly
Mon Tues Wed Thurs Fri Sat Sun Monthly Quarterly Semi-Annually Annually Empty Trash X
Dust X
Vacuum Carpets X
Modular Building - OEC Classroom
Item Description
Weekly
Mon Tues Wed Thurs Fri Sat Sun Monthly Quarterly Semi -Annually Annually Empty Trash
X
Dust X
Vacuum Carpets X
VPD 7 of 7
Janitorial Services Agreement
Exhibit A - Attachment 3
CITY OF VALLEJO
VPD COMMUNITY SERVICES SECTION, 2 FLORIDA STREET
JANITORIAL SERVICE WORK TASK & FREQUENCY SCHEDULE
Frequency of Work
VPD - Community Services Section
Item Descrìption
Empty Trash Containers - each Work Station,
Common Area & Bathroom location
Weekly
Mon Tues Wed Thurs Fri Monthly Quarterly
X
Semi-
Annually Annually
Maintain Floors:
Dust Mop Floors with treated mop X
Spot Clean Floors X
Vacuum All Carpeted areas X
Spot Clean Carpets X
Basic Cleaning:
Remove fingerprints from office partitions ,
doors & walls X
Clean Tabletops & Glass Top Surfaces X
Spot Cleaning X
Dust desks, chairs , counters , cabinets &
other furniture X
Clean Glass Entry Doors X
Restrooms:
Clean and Disinfect Restrooms X
Mop Restroom Floors X
Replenish Supplies/ Refill Dispensers X
Janitorial Services Agreement
Exhibit A - Attachment 3
CITY OF VALLEJO
VPD SUBSTATION, 980 NIMITZ STREET
JANITORIAL SERVICE WORK TASK & FREQUENCY SCHEDULE
Frequency of Work
VPD Substation - Station 28 Weekly
Item Description
Empty Trash Containers - each Work
Station , Common Area & Bathroom
location
Maintain Floors:
Dust Mop Floors with treated mop
Spot Clean Floors
Vacuum All Carpeted areas
Spot Clean Carpets
Bask Cleaning:
Remove fingerprints from office
partitions, doors & walls
Clean Tabletops & Glass Top Surfaces
Spot Cleaning
Dust desks, chairs, counters, cabinets &
other furniture
Clean Glass Entry Doors
Restrooms:
Clean and Disinfect Restrooms
Mop Restroom Floors
Replenish Supplies / Refill Dispensers
Mon Tues Wed Thurs Fri Monthly Quarterly Semi -Annuali ¥ Annually X
X
X
X
X
X
X
X
X
X
X
X
X
Janitorial Services Agreement
Exhibit A - Attachment 3
CITY OF VALLEJO
VPD TRAFFIC SUBSTATION, 452 GILCREST
JANITORIAL SERVICE WORK TASK & FREQUENCY SCHEDULE
Frequency of Work
VPD - Traffic Division Weekly
Item Descrìptìon
Empty Trash Containers - each Work Station ,
Common Area & Bathroom location
Maintain Floors:
Dust Mop Floors with treated mop
Spot Clean Floors
Vacuum All Carpeted areas
Spot Clean Carpets
Basic Cleaning:
Remove fingerprints from office partitions , doors
& walls
Clean Tabletops & Glass Top Surfaces
Spot Cleaning
Dust desks, chairs , counters , cabinets & other
Mon Tues Wed Thurs Çri Monthly Quarterly Semi-Annually Annually X
X
X
X
X
X
X
X
furniture X
Clean and Disinfect Locker Room X
Clean Glass Entry Doors X
Restrooms:
Clean and Disinfect Restrooms, including showers X
Mop Restroom Floors X
Replenish Supplies / Refill Dispensers X
Janitorial Services Agreement
Exhibit A - Attachment 3
CITY OF VALLEJO
FERRY BUILDING, 289 MARE ISLAND WAY
JANITORIAL SERVICE WORK TASK & FREQUENCY SCHEDULE
Frequency of Work
Ferry Terminal Weekly Monthly Quarterly Semi-Annually Annually Item Description Monday Tuesday Wednesday Thursday Friday Saturday SundaY Empty Trash Containers X X X X X X X
Maintain Floors:
Sweep XXX xxxx
Dust Mop Floors X X X X X X X
Vacuum Carpets X X
Damp Mop X X X X X X X
Spot Polish X X
Strip, Wax and Polish X
Basic Cleaning:
Clean Glass Surfaces X X X X X X X
Spot Cleaning X X
Routine Dusting X X X X X X X
Clean Drinking Fountains X X X X X X X
Elevators X X
Low Dusting X X X X X X X X
High Dusting X X X X X X X X
Clean Fixtures X
Clean Return/Supply Registers · X
Remove Graffiti X X X X X
Clean Glass Entry Doors X X X X X X X
Clean Glass Surrounding Entry Doors X X X X X X X
Restrooms:
Clean/Disiníect Toilets ,Urinals ,Fixtures X X X X X X X Floors ** X X X X X X X
Clean Counters , Sinks & Mirrors X X X X X X X
Supplies (2x daily or as needed) X X X X X X X
Empty Trash X X X X X X X
Strip, Wax & Polish Floors X
Clean Outside Areas:
Sweep Outside X X X X X X X
Clean Walk-Off Mats XXXXXXX
Empty Trash Receptacles X X X X X X X
Empty Cigarette Butt Receptacle/ Ashtrays X X X X X X X 4 Day Porter Shifts Thursday thru Mondav : 8:00 am - 10 :00 am / 12 :00 pn, - 2:00 pm / 4: 00 pm - 6 :00 pm / 8 :00 pm - 10 :00 pn, 3 Day Porter Shifts Tuesda¥ and Wednesday: 7.00 am . 9.00 am / 11:OO am l .:00 pm / 3.00 - 5:00 pm Janitorial Services Agreement
Exhibit A - Attachment 3
CITY OF VALLEJO
JFK LIBRARY, 505 SANTA CLARA STREET
JANITORIAL SERVICE WORK TASK & FREQUENCY SCHEDULE
Frequency of Work
Common Areas
(stairs, lobby, elevators) Weekly Monthly Quarterly
Item Description Mon Tues Wed Thurs Fri Sat 5un
Semi-
Annually Annually
Empty Trash Containers located
within Common Areas
Empty Trash Containers - ea
Bathroom
Maintain Floors:
Dust all resilient floors with a treated
mop
Spot Clean Floors
Strip, Wax and Polish
Basic Cleaning:
Clean Glass Surfaces
Spot Cleaning
Remove Fingerprints from Doors &
Walls
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
X
X X
X X
XXXXXXX
Routine Dusting X X
Clean & Disintect Drinking Fountains X X X X X x X
Elevators X X
Low Dusting X
High Dustìng X
Clean Fixtures
Clean Return/Supply Registers X
Remove Graffiti X X X X X X X
Strip & Wax Floors X
Carpet Cleaning X
Remove spots & fingerprints from
glass entrance doors - 1st & 2nd X X X X X X X
Floors
Clean Glass Surrounding Entry Doors X X X
Janitorial Services Agreement
Exhibit A - Attachment 3
Frequency of Work
1 st Floor Restrooms
Item Description
Clean/ Disinfect fixtures
Clean/ Disinfect Toilets, Urinals &
Faucets
Mop All Floors
Clean Counters & Mirrors
Weekly
Mon Tues Wed Thurs Fri Sat Sun Monthly Quarterly
X X X
X X X
X X X
X X X
Semi-
Annually Annually
Replenish Supplies & Refill Dispensers
Empty Trash Containers
Clean/ Disinfect Trash Containers
Remove Fingerprints from Doors &
Walls
Wash Partitions , Doors & Walls
Strip, Wax & Polish Floors
X X X
X X X
X X X
X X X
X
X
Frequency of Work
Clean Outside Areas
Item Description
Weekly
Mon Tues Wed Thurs Fri Sat Sun Monthly Quarterly Semi- Annually Annually
Sweep Outside
Empty Trash Receptacles
Empty Cigarette Butt
Receptacle/Ashtrays
XXXXXX
XXXXXX
XXXXXX
X
X
X
Frequency of Work
Vallejo Room
Item Description
Empty Trash Containers
Vacuum Carpets
Weekly
Mon Tues Wed Thurs Fri Sat sun Monthly Quarterly
XXXXX
X X
Semi-
Annually Annually
JFK Z OF 2
Janitorial Services Agreement
Exhibit A - Attachment 3
CITY OF VALLEJO
CORPORATION YARD, 111 AMADOR STREET
JANITORIAL SERVICE WORK TASK & FREQUENCY SCHEDULE
Frequency of Work
1st & 2nd Floor including Locker Room
Item Description
Empty Trash Containers - each Work Stations,
Conference Rooms & Common Areas
Empty Trash Containers - each Bathroom
Location
Maintain Floors:
Sweep
Dust Mop Floors
Vacuum Carpets
Damp Mop
Spot Polish
Strip, Wax and Polish
Basic Cleaning:
Clean Glass Surfaces
Spot Cleaning
Clean "Coffee" Counter Areas
Routine Dusting Including Windowsills
Clean Drinking Fountains
Low Dusting Including Baseboards
High Dusting Including Webbing
Clean Fixtures
Clean Return/Supply Registers
Strip & Wax Floors
Carpet Cleaning *
Clean Glass Surrounding Entry Doors & Sills
Clean Windows
Weekly Monthly Quarterly
Mon Tues Wed Thurs Fri
X X
XXX - XX
X X
X X
X
X X
X X
X
X
X
X X
X X
X X
X
X
X
X
X
X
Semi-
Annually
X
X
Annually
CY 1 OF 2
Janitorial Services Agreement
Exhibit A - Attachment 3
Frequency of Work
Restrooms Weekly
Item Description Mon Tues Wed Thurs Fri
Clean/ Disinfect fixtures X X X X X
Mop Floors X X X X X
Clean/ Disinfect Toilets, Urinals & faucets X X X X X
Clean Counters X X X X X
Clean Mirrors X X X X X
Descale
Replenish Supplies & Fill Dispensers X X X X X
Empty Trash X X X X X
Clean/ Disinfect Trash Receptacles X
Wash Doors, Walls & Partitions
Strip , Wax & Polish Floors
Monthly Quarterly
X
X
X
Semi-
Annually Annually
Frequency of Work
Clean Outside Areas Weekly
Monthly QuarterlyItem Description Mon Tues Wed Thurs Fri Empty Cigarette Butt Receptacle/Ashtrays X X
Semi-
Annually Annually
Frequency of Work
Lunch Room / Kitchen Weekly
Monthly Quarterly
Item Description Mon Tues Wed Thurs Fri
Empty Trash Receptacles X X X X X
Clean Trash Receptacles X
Clean Tables & Counters X X X X X
Sweep Floors X X X X X
Damp Mop X X
Clean Refrigerator & Microwave X
Clean Counter and Sink X X X X X
Semi-
Annually Annually
CY 2 OF 2
Janitorial Services Agreement
Exhibit A - Attachment 3
CITY OF VALLEJO
VALLEJO STATION PARKING STRUCTURE, 415 SANTA CLARA STREET
JANITORIAL SERVICE WORK TASK & FREQUENCY SCHEDULE
Frequency of Work
Vallejo Station Parking Structure
Item Description
Empty all Trash Containers & replace
liners as needed
Mechanical Sweeper
Sweeper / Blower - All floor levels
andcurbs
Sweeping / Blower - localized
Maintain Floors
Remove Litter
Hi Pressure Power Wash
Clean pedestrian walkways / ramps
Remove Graffiti
Clean Paystation Kiosk Surfaces (19) -
Garage, Parking Lots
Clean Elevator
Clean / Wipe all non -Elevator doors
Dust Exterior Ledges, Expansion Joints
Sweep / Dust Stairs, Floors, Handrails
Grand Staircase - Maintain Glass &
Handrails free of dirt , smudge marks
Security Shack - Maintain Glass
Remove Cobwebs
Weekly
Monthly Cluarterty
Mon Tues Wed Thurs Fri Sat Sun
XXXXXXX
XXXX
X X X
XXXXXXX
XXXXXXX
XXXXXXX
X
XXXXXXX
XXXXXXX
X
XXXXX
XXXXX
XXXXX
XXXXX
XXXXXXX
X X
X
Semi-
Annually
X
Annually
Note: Provide Day Porter and equjpment W mainlin by utilizing mechanical sweeper or by hand sweeping in areas not age,sibleby sweeper.
Janitorial Services Agreement
Exhibit A - Attachment 3
CITY OF VALLEJO
VPD NORTH SUBSTATION, 1638 FAIRGROUNDS DRIVE
JANITORIAL SERVICE WORK TASK & FREQUENCY SCHEDULE
Frequency of Work
VPD - North Police Substation Weekly
Monthly Quarterly Semi-Annually AnnuallyItem Description Mon Tues Wed Thurs Fri Empty Trash Containers - each Work
Station , Common Area & Bathroom X
location
Maintain Floors:
Dust Mop Floors with treated mop X
Spot Clean Floors X
Vacuum All Carpeted areas X
Spot Clean Carpets X
Basic Cleaning:
Remove fingerprints from office
partitions, doors & walls X
Clean Tabletops & Glass Top Surfaces X
Spot Cleaning X
Du5t desks,chairs,counters, cabinets &
otherfurniture X
Clean Glass Entry Doors X
Restrooms:
Clean and Disinfect Restrooms X
Mop Restroom Floors X
Replenish Supplies / Refill Dispensers X
Janitorial Services Agreement
Exhibjt A - Attachment 3
CITY OF VALLEJO
HOUSING DIVISION, 200 GEORGIA STREET
JANITORIAL SERVICE WORK TASK & FREQUENCY SCHEDULE
Frequency of Work
Item Description
Empty Trash Containers - each Work Stations ,
Conference Rooms & Common Areas
Empty Trash Containers - each Bathroom
Location
Maintain Floors:
Sweep
Dust Mop Floors
Vacuum Carpets
Damp Mop
Spot Polish
Strip, Wax and Polish
Basic Cleaning:
Clean Glass Surfaces
Spot Cleaning
Clean "Coffee" Counter Areas
Routine Dusting Including Windowsills
Clean Drinking Fountains
Low Dusting Including Baseboards
High Dusting Including Webbing
Clean Fixtures
Clean Return / Supply Registers
Strip & Wax Floors
Carpet Cleaning *
Clean Glass Surrounding Entry Doors & Sills
Clean Windows
Weekly Monthly Quarterly
Mon Tues Wed Thurs Fri
X X X X
X
X X X X X
XXXXX
XXXXX
XXXXX
X X X X X
X X X X X
X X X X X
X X X X X
X X X X X
X X X X X
X X X X X
X X X X X
Semi-
Annually
X
X
X
X
Annually
Janitorial Services Agreement
Exhibit A - Attachment 3
Frequency of Work
Restrooms Weekly
Monthly Quarterly
Item Description Mon Tues Wed Thurs Fri
Clean/ Disinfect fixtures X X X X X
Mop Floors x
Clean/ Disinfect Toilets, Urinals & faucets X X X X X
Clean Counters X X X X X
Clean Mirrors X X X X X
Descale
Replenish Supplies & Fill Dispensers
Empty Trash x x x x x
Clean/ Disinfect Trash Receptacles x
Wash Doors, Walls & Partitions X
Strip, Wax & Polish Floors X
Semi-
Annually Annually
Frequency of Work
Clean Outside Areas Weekly Monthly Quarterly
Item Description Mon Tues Wed Thurs Fri
Empty Cigarette Butt Receptacle/ Ashtrays x x x x x
Semi-
Annually Annually
Frequency of Work
Lunch Room / Kitchen Weekly Monthly Quarterly
Item Description Mon Tues Wed Thurs Fri
Empty Trash Receptacles x x x x x
Clean Trash Receptacles x x x x X
Clean Tables & Counters x x x x x
Sweep Floors x x x x x
Damp Mop x x x x x
Clean Refrigerator & Microwave x
Clean Counter and Sink x
Semi-
Annually Annually
Housíng page
2 of2
Janitorial Services Agreement
Exhibit A - Attachment 3
CITY OF VALLEJO
VPD CRIME REDUCTION, 1155 CAPITAL STREET
JANITORIAL SERVICE WORK TASK & FREQUENCY SCHEDULE
Frequency of Work
VPD - CRIME REDUCTION TEAM Weekly Monthly Quarterly Semi-Annually Annually Item Description Mon Tues Wed Thurs Fri Sat Sun
Empty Trash Container-Ea Work Station,
Bathroom, Conference Room, & Common X
Areas
Maintain Floors:
Sweep X
Dust Mop Floors X
Vacuum Carpets X
Damp Mop X
Spot Polish X
Strip, Wax and Polish
Polish Brass Rails
Basic Cleaning:
Clean Glass Surfaces X
Spot Cleaning X
Clean "Coffee" Counter Areas X
Routine Dusting X
Clean Drinking Fountains x
Low Dustìng X
High Dusting X
Clean Fixtures X
Clean Return/Supply Registers X
Carpet Cleaning *
Clean Glass Entry Doors X
Clean Glass Surrounding Entry Doors X
CRT 1 OF 2
Janitorial Services Agreement
Exhibit A - Attachment 3
Frequency of Work
Restrooms Weekly
Item Monthly Quarterly Semi-Annually AnnuallyDescription Mon Ties Wed Thurs Fri Sat Sun Clean/ Disinfect fixtures X
Floors X
Toilets / Urinals X
Clean Counters X
Clean Mirrors X
Descale X
Supplies X
Empty Trash X
Strip, Wax & Polish Floors X
Frequency of Work
Clean Outside Areas Weekly
Monthly Quarterly Semi-Annually Annually
Item Description Mon Tues Wed Thurs Fri Sat Sun
Sweep Outside · X
Clean Walk-Off Mats X
Empty Trash Receptacles X
Empty Cigarette Butt Receptacle/Ashtrays X
Frequency of Work
Lunch Room Weekly
Monthly Quarterly Semi-Annually Annualty
Item Description Mon Ties Wed Thurs Fri Sat Sun
Empty Trash Receptacles X
Clean Tables X
Sweep Floors X
Damp Mop X
Clean Refrigerator & Microwave X
Clean Counter and Sink X
CRT 2 OF 2
Janitorial Services Agreement
Exhibit A - Attachment 3
CITY OF VALLEJO
CITY HALL, 555 SANTA CLARA STREET
JANITORIAL SERVICE WORK TASK & FREQUENCY SCHEDULE
Frequency of Work
1st , 2nd , 3rd , & 4th Floors
Weekly Monthly Quarterly AnnuallySemi-
Annually
Item Description Mon Tues Wed Thurs Fri
XXXXX
Empty Trash Containers - Work Stations, Conference Rooms & Common Areas Empty Trash Containers - each Bathroom XXXXX
Maintain Floors:
Sweep X X
Dust Mop Floors X X
Vacuum Carpets X X X
Damp Mop X X
Spot Polish X X
Strip , Wax and Polish X
Polish Brass Rails (2nd & 3rd Floors) X
Basic Cleaning:
Clean Glass Surfaces X
Spot Cleaning X X
Clean Food Station Area XXXXX
Routine Dusting X X
Clean Drinking Fountains XXXXX
Elevators X X
Low Dusting X X
High Dusting X X
Clean Fixtures X
Clean Return/Supply Registers and Ducts X
Remove Graffiti XXXXX
Strip & Wax Floor5 X
Carpet Cleaning *** X
Clean Glass Entry Doors 1st & 2nd Floor x X
Clean Glass Surrounding Entry Doors X
*** 3rd & 4th Floors Only for this Contract
Janitorial Services Agreement
Exhibit A - Attachment 3
Frequency of Work
*Ist , 2nd, 3rd, & 4th Floor Public Restrooms Weekly Monthly Quarterly Item Description Mon Tues Wed Thurs Fri
Semi·
AnnualtvAnnually
Clean/ Disinfect fixtures XXXXX
Floors XXXXX
Clean Counters XXXXX
Descale X
Supplies (2x daily or as needed) XXXXX
Empty Trash XXXXX
Strip, Wax & Polish Floors
* Includes :.st Floor Employee Bathroom, Bathroom's in Mayor's and City Manager's Offices Frequency of Work
Clean Outside Areas
Weekly Monthly Quarterly
Item Description Mon Tues Wed Thurs Fri
Semi-
Annually
Annually
Sweep Outside X
Clean Walk -Off Mats X
Empty Trash Receptacles XXXXX
Empty Cigarette Butt Receptacle/Ashtrays XXXXX
Frequency of Work
Lunch Room - 1 st Floor Weekly Monthly Quarterty
Item Description Mon Tues Wed Thun Fri
Semi-
Annually Annually
Empty Trash Receptacles XXXXX
Clean Tables XXXXX
Sweep Floors XXXXX
Damp Mop XXXXX
Clean Refrigerator *
Clean Counter and Sink XXXXX
*Refrigerator will be emptied & cleaned CITY HALL 2 OF 4 Frequency of Work
Janitorial Services Agreement
Exhibit A - Attachment 3
* Council Chambers - 2nd Floor Weekly
Item
Monthly Quarterly
Description Mon Tues Wed Thurs Fri
Semi-
Annually Annually
Empty Trash Receptacles XXXXX
Vacuum Carpets X
Low Dusting -Conference table & Dias X X X
High Dusting X X X
Bathroom X X
* Council Chambers includes conference room and bathroom Frequency of Work
City Manager's Office * Weekly
Item
Monthlv Quarterly
Description Mon Tues Wed Thurs Fri
Semî-
Annually Annually
Empty Trash Receptacles XXXXX
Vacuum Carpets X X
Loit [nuesting
X
X X
High Dusting X
Bathroom X X
* City Staff to be on site when work is performed. Cleaning to start at 4:00 PM Frequency of Work
City Attorney 's Office
Weekty Monthly Quarterly
Item Description Mon Tues Weà Thurs Pr'
Semi-
Annuallv
Annually
Empty Trash Receptacles XXXXX
Vacuum Carpets X · X
Empty Kitchen Trash XXXXX
Clean Food Station Counter & Sink XXXXX
Dusting
X X
X
Low Dusting
High Dusting X X
CITY HALL 3 OF 4
Janitorial Services Agreement
Exhibit A - Attachment 3
Frequency of Work
IT Office Weekty Monthly Quarterly
Item Description Mon Tues Wed Thurs Fri
Seml-
Annually Annually
Empty Trash Receptacles XXXXX
Vacuum Carpets X X
Frequency of Work
Mayor's Office Weekly Monthly Quanerty
Item Description Mon Tues Wed Thurs Fri
Semi-
Annually Annually
Empty Trash Receptacles XXXXX
Vacuum Carpets X X
Bathrooms X X
Dusting X
Low Dusting X X
High Dusting X X
CITY HALL 4 OF 4
Janitorial Services Agreement
Exhibit A - Attachment 3
CITY OF VALLEJO
FIRE DEPARTMENT, ADMIN BUILDING, 970 NIMITZ
JANITORIAL SERVICE WORK TASK & FREQUENCY SCHEDULE
Frequency of Work
FIRE - Admin Building 970 Nimitz Weekly Semi-Monthly Quarterly Annually Item Mon Tues Wed Thurs Fri Annually
Empty Trash Containers - each Work Station, Common
Area & Bathroom location
Maintain Floors:
Dust Mop Floors with treated mop
Spot Clean Floors
Vacuum All Carpeted areas
Spot Clean Carpets
Basic Cleaning:
Remove fingerprints from office partitions , doors & walls
Clean Tabletops & Glass Top Surfaces
Spot Cleaning, including baseboards and window sills
Dust desks, chairs, counters, cabinets & other furniture Clean Glass Entry Doors
Restrooms:
Clean and Disinfect Restrooms
Mop Restroom Floors
Replenish Supplies / Refill Dispensers (provided by Fire) X
X
X
X
X
X
X
X
X
X
X
X
X
Janitorial Services Agreement
Exhibit A - Attachment 3
CITY OF VALLEJO
FLEMING HILL TREATMENT PLANT, 202 FLEMING HILL ROAD
JANITORIAL SERVICE WORK TASK & FREQUENCY SCHEDULE
Frequency of .fork
Fleming Hill WTP
Item Description
Empty Trash Containers -ea Work Station,
Conference Rooms & Common Areas
Empty Trash Containers - ea Bathroom
Location
Stairways and Filter Gallery sweeping
Stairways and Filter Gallery Damp mop
Back Stairway strip polish and wax
Maintain Floors:
Sweep
Dust Mop Floors
Vacuum Carpets
Damp Mop
Spot Polish
Strip, Wax and Polish Floors
Basic Cleaning:
Clean Glass Surfaces
Spot Cleaning
Clean "Coffee" Counter Areas
Routine Dusting
Clean Drinking Fountains
Elevators
Low Dusting
High Dusting
Clean Fixtures
Clean Return/Supply Registers
Carpet Cleaning
Clean Glass Entry Doors 1st & 2nd Floor
Clean Glass Surrounding Entry Doors
Weekly Monthly Quarterly
Mon Tues Wed Thurs Fri
XXXXX
XXXXX
X X X
X X
X
X X X
X X
X X X
X X
X X X
X
X X
X X X
XXXXX
X X
XXXXX
X X
X X
X X
X
X
X X
XXXXX
Semi-
Annually
X
Annually
Janitorial Services Agreement
Exhibit A - Attachment 3
Frequency of Work
Fleming Hill WTP (cont .)
Weekly Monthly Quarterly
Mon Tues Wed Thurs Fri
Semi-
Annually Annually
Restrooms:
Clean/Dìsinfect fixtures XXXXX
Floors XXXXX
Clean Counters XXXXX
Descale
Replenish Supplies (Daily or as needed) XXXXX
Empty Trash XXXXX
Lunch Counters - 1st & 2nd Floors:
Empty Trash Receptacles XXXXX
Clean Tables X X
Clean Counter and Sink X
Janitorial Services Agreement
Exhibit A - Attachment 3
CITY OF VALLEJO
FLEMING HILL MUD PRESS, 450 LAKESIDE DRIVE
JANITORIAL SERVICE WORK TASK & FREQUENCY SCHEDULE
Frequency of Work
Fleming Hill - Mudd Press
Item Description
Empty Trash Containers - ea Work Station,
Conference Rooms & Common Areas
Weekly Monthly Quarterly
Mon Tues Wed Thurs Fri
X X X
Semi-
Annually Annually
Staìrways and Filter Gallery sweeping x
Maintain Floors:
Sweep X X
Dust Mop Floors X
Damp Mop X
Strip, Wax and Polish
X
Basic Cleaning:
Clean Glass Surfaces
X
Clean 1'Coffee" Counter Areas X X
Routine Dusting X
Clean Fixtures X
Clean Return/Supply Registers X
Restrooms :
Clean/Disinfect fixtures X
Floors X X X
Clean Counters
X x X
Descale X
Replenish Supplies (Daily or as needed) X X X
Empty Trash X
Strip, Wax & Polish Floors X
Janitorial Services Agreement
Exhibit A - Attachment 3
CITY OF VALLEJO
MARE ISLAND CONFERENCE CENTER, 375 G STREET
JANITORIAL SERVICE WORK TASK & FREQUENCY SCHEDULE
Frequency of Work
MARE ISLAND MARKETING CENTER - 375 G St.
Item Description
Empty Trash Containers - each Work Station, Common
Area & Bathroom location
Maintain Floors:
Dust Mop Floors with treated mop
Spot Clean Floors
Vacuum All Carpeted areas
Spot Clean Carpets
Basic Cleaning:
Weekly Monthly Quarterly
X
X
X
X
X
Semi-
Annually Annually
Remove fingerprints from office partitions, doors & walls X Clean Tabletops & Glass Top Surfaces X
Spot Cleaning X
Dust desks, chairs, counters, cabinets & other furniture X Clean Glass Entry Doors X
Restrooms:
Clean and Disinfect Restrooms X
Mop Restroom Floors
X
Replenish Supplies / Refill Dispensers (provided by UBS) X Janitorial Services Agreement
Exhibit A - Attachment 3
CITY OF VALLEJO
MARINA HARBOR MASTER BUILDING, 42 HARBOR WAY
JANITORIAL SERVICE WORK TASK & FREQUENCY SCHEDULE
Frequency of Work
Marina Harbor Master's Office Weekly Monthly Quanerly
Item Description Mon Tues Wed Thurs Fri Sat Sun
Empty Trash Containers - each Work Station,
Conference Room & Common Areas
X
Empty Trash Containers - ea Bathroom
Location XXX XXXX
Maintain Floors:
Sweep XXXXXXX
Dust Mop Floors X
Vacuum Rugs XXX XXXX
Damp Mop XXXXXXX
Spot Polish X
Strip, Wax and Polish X
Carpet Cleaning *
Basic Cleaning:
Clean Glass Surfaces X X
Spot Cleaning X X
Clean "Coffee" Counter Areas X
Routine Dusting X
Clean Drinking Fountains XXXXXXX
Clean Window sills X
Low Dusting / Baseboards
High Dusting / Webbing
Clean Fixtures
Clean Return/Supply Registers
Clean Glass Entry Doors 1st Floor X X
Clean Glass Surrounding Entry Doors X
Polish Brass Rai IS bnd Floor)
X
Serni-
Annually
X
X
X
X
Annually
X
Frequency of Work
Janitorial Services Agreement
Exhibit A - Attachment 3
Marina Harbor Master's Office (cont.) Weekly Monthly Quarterly Item Description Mon Tues Wed Thurs | Fri Sat | Sun Semi-
Annually Annually
Restrooms:
Clean/ Disinfect fixtures XXXXXXX
Floors XXX XXXX
Clean Counters / Mirrors XXXXXXX
Showers XXX XXXX
Descale X
Supplies (2x daily or as needed ) *** XXXXXXX
Empty Trash XXXXXXX
Strip, Wax & Polish Floors X
Detail Clean - Showers,Walls,Floors X
Clean Outside Areas:
Janitorial Services Agreement
Exhibit A - Attachment 3
CITY OF VALLEJO
WATERFRONT RESTROOMS (3), 1 Curtola, K Dock, Bldg #7
JANITORIAL SERVICE WORK TASK & FREQUENCY SCHEDULE
Frequency of Work
1. Launch Ramp - 1 Cunola Parkway
2.' K' Dock - 42 Harbor Way Weekly Monthly Quarterly
3. Marina Bldg #7 - 7 Harbor Way
Item Description Mon Tues Wed Thurs Fri Sat Sun
Semi-
Annually Annually
Empty Trash Containers
Clean Trash Containers
Replenish Supplies / Refill Dispensers
Maintain Floors:
Sweep
Sweep Exterior Stairwell of Building #7
Mop Floors
Strip, Wax and Polish
Basic Cleaning:
Clean / Disinfect Fixtures
Clean & Oisinfect Toilets, Urinals & Faucets
Clean Counters & Sinks
Clean Mirrors
Remove fingerprints from partitions, doors &
walls
Wash Doors, Walls & Partitions
XXXXXXX
X X
XXXXXXX
XXXXXXX
X
XXXXXXX
X
XXXXXXX
XXXXXXX
XXXXXXX
XXX XXXX
XXXXXXX
X
Janitorial Services Agreement
Exhibit A - Attachment 3
EXHIBIT B - COMPENSATION
1. Contractor's Compensation. City agrees to pay Contractor for the service(s) set forth in Exhibit A of this Agreement, for a total not to exceed Two Million Two Hundred Fifty Thousand Dollars ($2,250,000.00).
Contractor agrees that the not to exceed amount specified above shall constitute full compensation for all services, including urgent, emergency and any other additional services, and shall fully compensate Contractor for any and all direct and indirect costs that may be incurred by Contractor in connection with the Additional Services, including costs associated with any changes and/or delays in work schedules or in the performance of other services or work by Contractor.
2. Payments to Contractor.
A. Payments to Contractor shall be made within a reasonable time after receipt of Contractor's invoice. Said payments shall be made in proportion to services performed. Contractor shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
B. Invoices shall be submitted by Contractor on a monthly basis and shall contain the following information:
1. Description of services billed under this invoice
2. Date of Invoice Issuance
3. Sequential Invoice Number
4. City's Purchase Order Number
5. Social Security Number or Taxpayer Identification Number
6. Amount of the Invoice (Itemize all Reimbursable Expenses) C. Items shall be separated into Services and Reimbursable Expenses.
Billings that do not conform to the format outlined above shall be returned to Contractor for correction. City shall not be responsible for delays in payment to Contractor resulting from Contractor's failure to comply with the invoice format described above.
D. Requests for payment shall be sent to:
3. Accounting Records of Contractor. Contractor shall maintain for three (3) years after completion hereunder, all records under this Agreement, including, but not limited to, records of Contractor's direct salary costs for all goods and services provided under this Agreement and records of Contractor's Reimbursable Expenses, in accordance with generally accepted accounting practices. Contractor shall keep such records available Janitorial Services Agreement
Exhibit B - Compensation
for audit, inspection and copying by representatives of the City's Finance Department or other government agencies during regular business hours upon twenty four hours' notice.
The obligations of Contractor under this section shall survive this Agreement.
4. Taxes. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor's compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
5. Taxpayer Identification Number. Contractor shall provide City with Contractor's complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
Janitorial Services Agreement
Exhibit B - Compensation
EXHIBIT B - ATTACHMENT 1
SECTION V: BID SHEET
FOR
JANITORIAL SERVICES
The undersigned hereby proposes to furnish the goods/services as specified at the p,ices and terms herein stated and in accordance with this Request for Proposal, General Terms and Conditions, and Requirements all of which are made a part of this offer. All pages ofthe City of Vallejo Request for Proposal (RFP), including but not limited to the general terms and conditions, are incorporated by reference 6110 this RFP far all purposes. This is a firm fixed price contract. This form must be signed and submitted by the date specified for consideration.
BID ITEMS
ITEM
NO. UNIT DESCRIPTION UNIT COST TOTAL ANNUAL-
COST
1 Monthly City Hall 555 Santa Clara Street $6, 396 . 00 $ 76 , 752 . 00 2 Monthly Corporation Yard 111 Amador Street $2 , 035 . 00 $ 24 , 420 . 00 3 Monthly JFK Ubrary 505 Santa Clara Street $1,233. 00 $ 14 . 796 . 00 4 Monthly Police Department 111 Amador Street s3 , 469 . 00 s 41, 628. 00 5 Monthly VPD Community Services 2 Floîida Stíeet $ 227 . 00 $ 2 , 724 . 00 6 Monthly VPD Substation 980 Nimitz Avenue 8338 . 00 $ 4 , 056 . 00 7 Monthly VPO Traffic Division 452 Gitcrest Avenue $283 . 00 $ 3 , 396 . 00 8 Monthly VPD North Substation 1638 Fairgrounds Drive $182 . 00 $ 2 , 184 . 00 9 Monthly VPC) Crime Reduction 1155 Capital Street s219. 00 $ 2 , 628 . 00 10 Monthly Ferry Building 289 Mare Island Way s5,958. 00 $ 71 , 496 . 00 11 Monthly Vallejo Statjon Parking Structure 415 Santa Clara St $5 , 179 . 00 $ 62 , 148 . 00 12 Monthly Housing Authority 200 Georgia Street $1, 300 . 00 $ 15 , 600 . 00 13 Monthly Flic Admin 970 Nimitz Avenue 3233 . 00 $ 2 , 796 . 00 14 Monthly Marc Island Conference Center 375 G Street s178. 00 s 2, 136.00 15 Monthly Marina Harbor Master Building 42 Harbor Way s2, 199. 00 $26 , 388 . 00 16 Monthly Waterfront Restroomsl Cultola. K Dock, Bldg #7 sl , 461. 00 $ 17 , 532 . 00 17 Monthly Fleming Hill Treatment Plant 202 Fleming Hill Road $2 , 614 . 00 $ 31 , 368 . 00 18 Monthly Fleming HIll Mud Press 450 Lakeside Drive $433 . 00 $ 5 , 196 . 00 25 Hourly Urgent Response - nontiohazard cleanup s24. 27 $N/A 26 Hourly Urgent Response - blohazard cleanup * 38 . 50 SN /A 27 Hourly Emergency Services (After Hours response) s24 . 27 SN/A
28 Hourly Pre-Scheduled Additional Woik $24 . 27 SN /A NOTE; In case of difçrepancy between unit price and total amount, the unit pike shall prevail, exc ìpt as provided in ( å) or (b). as follows:
RFP - JANITORIAL SERVICES AGREEMENT
Janitorial Services Agreement
Exhibit B - Attachment 1
A. If the amount set forth as a Unit Price for a said item is not readable or othenvise not clear, or is omitted, or is the same amount as tile entry in the Total column, then lhe amount set forth in the Total Amount column for the line item shall prevail and shall be divided by the Estimated Quantity for the said item and the plice thus obtained shall be the Unit Price amount
B. Decimal Errors: If the total of the entered Unit Price multiplied by the given Estjmated Quantity is exactly off by a decimal factor (i.e ten, one hundred, etc. or, one-tenth, one-hundredth, etc.), from the entered Total Amount, the discrepancy will be resolved by using the entered Unit Price or entered Total Amount, whichever most closely approximates (by percentage) the Unit Price or Total Amount in Ihe City Engineer's Cost Estimate.
Prices offered shall be extended to other Public Agencies? YES [ ] NO [>4 Payment Terms Net 30 days ARO
COMPANY NAME
ADDRESS
CITY, STATE, ZIP CODE
TELEPHONE NUMBER
EMAIL ADDRESS
Universal Building Services and Supply Co.
3120 Pierce Street
Richmond , CA 94804
(510 ) 527-1078
[email protected]
NAME & TITLE OF BIDDER
SIGNATURE
Da ** D De* ncg ,!Zi , Operations Manager
iw lk #144.- DATE 8/ 14/ 2019
0 Janitorial Services Agreement
Exhibit B - Attachment 1
EXHIBIT C - INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Contractor, their agents, representatives, or employees or subcontractors.
1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
A. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
B. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 any auto and endorsement CA 0025.
C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
D. Crime/Employee Dishonesty
2. Minimum Limits of Insurance
Contactor shall maintain limits no less than:
A. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projecUlocation or the general aggregate limit shall be twice the required occurrence limit.
B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
C. Workers' Compensation and Employer's Liability: $1,000,000 per accident for bodily injury or disease.
D. Crime/Employee Dishonesty insurance: $1,000,000 per occurrence against loss of money, securities, or other property referred to in this Agreement in the forms stated below, and naming the City as the Loss Payee.
Form A: Employee Dishonesty
Form B: Forgery or Alteration
Form C: Theft, Disappearance
Form D: Computer Fraud
Form E: Burglary and Robbery
Janitorial Services Agreement
Exhibit C - Insurance Requirements
3. Deductible and Self-Insured Retention
Any deductibles or self-insured retention in excess of $10,000 must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4. Other Insurance Provisions
The general liability and automobile liability policies, as can be provided, are to contain, or be endorsed to contain, the following provisions:
A. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Contractor products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.
B. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
D. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except afterthirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
The workers' compensation and employer's liability policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Contractor's performance under this Agreement.
Janitorial Services Agreement
Exhibit C - Insurance Requirements
5. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
6. Verification of Coverage
Contractor shall furnish the City with original endorsements effecting general and automobile liability insurance coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage, by this Agreement at any time.
All verification of coverage and other insurance documents shall be mailed to the following address or to any other subsequent addresses as may be directed in writing by the City's Risk Manager:
City of Vallejo
Attn: Risk Manager
555 Santa Clara Street
Vallejo, CA 94590
7. Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the requirements stated herein.
8. Pavment Withhold
City will withhold payments to Contractor if the certificates of insurance and endorsements required in Paragraph 6, above, are canceled or Contractor otherwise ceases to be insured as required herein.
Janitorial Services Agreement
Exhibit C - Insurance Requirements
BUSINESS LICENSE CITY OF VALLEJO
TAX COLLECTOR'S OFFICE, City Hall, 555 Santa Clara St., Vallejo, CA. This certificate is evidence that the person(sh firm, or corporation named hereon has paid the tax required by Chapter 5.04 of the City of Vallejo Municipal Code for the type of business, the business address and for the period indicated hereon. This certificate is City of 00" issued without verification that the taxpayer is subject to or exempted from licensing by local, state, Federal or other VALLEJO PH// 9 agencies. Issuance of this certificate is not an endorsement, nor a certificate of compliance with other ordinances Caliíomia or laws, nor an assurance that the proposed use is in conformance with the City.s Building/Fire/Zoning regulations.
THE PAYMENT OF THIS BUSINESS LICENSE TAX AND ITS ACCEPTANCE BY THE CITY SHALL NOT ENTITLE ANY PERSON TO CARRY ON ANY
UNLAWFUL BUSINESS, NOR DOES IT AUTHORIZE THE CONDUCT OR CONTINUANCE OF ANY IUEGAL OR UNLAWFUL BUSINESS, OR ANY BUSINESS IN VIOLATION OF ANY ORDINANCE OF THE CITY.
BUSINESS NAME:
BUSINESS LOCATION:
OWNER NAME:
UNIVERSAL BUILDING SERVICES
OUTSIDE CITY LIMITS .. ..
LEONARD BRUSSEAU
BUSINESS LICENSES NUMBER: 20-00003180
UNIVERSAL BUILDING SERVICES
3120 PIERCE ST.
RICHMOND CA 94804
EXPIRATION DATE: June 30, 2020
TO BE POSTED IN A CONSPICUOUS PLACE NOTTRANSFERABLE
ORIGINAL DOCUMENT - DO NOT DESTROY
ORIGINAL DOCUMENT
DO NOT DESTROY
DATE (MANDD/rrm
ACORD ' CERTIFICATE OF LIABILITY INSURANCE 03/28/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATtON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE fSSUING INSURERIS), AUTHORIZED REPRESENTATIVË OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certifìcate holder Is an ADDITIONAL INSURED, the polity(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and condlüons of the policy. certain policies may require an endorsement. A státement on this certificate doem not confer rights to the certifìcate holder in Hou of such endorsemontls}.
PRODUCER CONTACT
NAME:Heffernan Insurance Brokers (SF}
180 Howard Street, Suite 200 -· Am._ 1 (415)78-0366 *,No): 1 (415)7784301 San Francisco, CA 94105 E-NAIL
License # 0564249 ADDRESS :
INSURERKS} AF FORDANG COVERAGE NAC 1
INSÜRED UNIVBUI·12 INSURER A . QUE Insurance Còrpolation _ 39217 Universal Bulding Services & Supply Co. INSURER 8 - Cypíøss in,urance Compan, 10855 3120 Pierce St.
INSURER C Hißcôx Insurance Company 10200
Richmond, CA 94804 INSURER D .
INSURER E :
INSURER F
COVERAGES CERTIFICATE NUMBER: 1 19-20 COI GL AU UMWO CCRM- MM REVISION NUMBER:
TRï ïTÕ CERTIFY THAÌ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN SSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDCATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CEPTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE tNSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXC LUSIONS AND.CONDITIONS OE SUCH Pot ICIES. LIMITS SHOwN MAY HAVE BEE N REDUCED BY PAID CLAIMS 1NR
ADOL SUBR ; POLICY EEF POLICY EXP
1YPE OF INSURANCE POLICY NUMBER UMITSLrn tNSR ¥ND , IM MÆ>oYY+Al íM 41/DorrrY -7 ,
X COMMERCIAL GENERAL LIABILITY ' EACH OCCURRENCE
Ì CLAIMS·MADE [j ] OCCUR DAMAGE TO RENTED
PREMISES (E oc:¢ury, nøk
MED ËXP (Any ore por *On)
A i X TNG0000053 04/01/2019 04/01/2020 PERSONAL & ADV INJURY GEN L AGGREGATE LIMIT APPLìES PER GENERAL AGGRECATE
.· 1
1 POLIC, 1-71 = 1- 1 LOC PRODUCTS · COMP,OP ÅGG
$ 1000000
$ 300,000
$ 10.000
$ 1,000.000
$ 2.000,000
$ 2.000 ,000
OTHER S
AUTOMOBILE LIABILIPY COMBINED SINGLE UMIT $ 1,000,000
ANV AUTO BODILY INJURY (P. persoñt $
A -
X
OWNEO
AU'l OS ONLY
HIRED
AUTOS ONLY
UMBRELLA LIAB
x SCHEDULED
L ._1 Au i-os
1 NON-OWNED
X 1 AUTOS ONLY
TNA0000041 04/01/2019 04/01/2020
80[){LY tr' JURY (Per ece{d'.9
PROPERTY DAMAGE
(PE* " odont)
EACH OCCURRENCE
$
$
$ 5.000,000
A x EXCESS LIAB CLAIMS *IADÊ TNE0000013 04/01/2019 04/01/2020 AGGREGATE $ 5,000,000 I ,
OED 1 RETENTION $ 1
WORKERS COMPENSAnON i
-El - f;TUTE ,1* lfáí - _AND EMPLOYERS ' LIABILITY Y / N , ANY PROPRIETOR/PARTNERÆXECUTIVE r-1 :
E L EACH ACCIDENT 3 1,000,000B OFFICER/MEMBER EXCLUDE07 1_11 N / Al UNWC003?80 04/01/2019 04/01/2020 CM, ndatory ín NH} EL DISEASE · EA EMPLOYEE $ 1,000.000 If yii . deic,be unde, c
EL DISEASE POLICY L?MIT $ 1,000.000O5SCRIPTiON OF OPERATIONS bok», EMPLOYEE DISHONESTY S 1 000,000
C CRIME, EMPLOYEE THEFT / UC2409514119 04/01/2019 04101/2020 DEDUCTIBLE $ 5,000CLIENTS PROPERTY , DESCRPHON OF OPERATIONS 1 LOCA TIONS , VEHICLES (ACORD 101 . Addillonal Rernalk, Schadull , mil be attac hid 4 nnorl * paci li f,q red) Re Janitonal Services.
The City of Valleio. its officers. officials, employees agents and volurìteers are included as an additonal insured on General liability policy per the attached endorsement. if required.
CERTIFICATE HOLDER CANCELLATION
City 01 Vallop
Rí5k Manager
555 Santa Clara Street
Vallejo, CA 94590
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 8EFORE THE EXPIRAnON DATE THEREOF, NOTICE WILL BE DEUVERËD IN ACCORDANCE WITH THE POLICY PROVISIONS .
*AÛTHÔRIZED REPRESENTATME
.....
ACORD 25 (2016103) © 1988-2016 ACORD CORPORATION . All rìghte reserved .
The ACORD name and logo are registered marks of ACORD
/ 44
VALLEJO CITY COUNCIL
SPECIAL MEETING ATIONS SUMMARY
COUNCIL CHAMBERS
SEPTEMBER 24, 2019
1. CALL TO ORDER
The meeting was called to order at 5:31 p.m.
2. ROLL CALL
Present: Mayor Sampayan, Vice Mayor Dew, Councilmembers Brown (arrived during Closed Session), McConnell, Miessner (arrived at 5:33 p.m.), Sunga, and Verder-Aliga
Absent: None
Staff present: City Manager Nyhoff, Chief Assistant City Attorney Risner, City Clerk Abrahamson, Assistant City Manager Cardwell, Risk Manager Leahy, Interim Police Chief Allio, Assistant City Attorney Eckmeyer, and Assistant to the City Manager Morat.
3. CLOSED SESSION
The Council convened into Closed Session in the Council Conference room at 5:33 p.m.
A. Conference with Legal Counsel - Existing Litigation: Kevin Belluomini v. City of Vallejo, Worker's Compensation Appeals Board Case Number ADJ4156191, ADJ670696, and ADJ2896186 Pursuant to California Government Code Section 54956.9(a)
B. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6. Negotiators: Greg Nyhoff, City Manager, Heather Ruiz, Human Resources Director and Anne Cardwell, Assistant City Manager; Employee Organizations: Vallejo Police Officers Association (VPOA).
C. Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Propertv: North Mare Island (157 acres). Citv Negotiators: Greg Nyhoff, City Manager; Will Morat, Assistant to the City Manager. Negotiating Parties: Nimitz Group, LLC. Under Negotiation: Price and Terms of Payment Special & Regular City Council Meetings
Regular Housing Authority Meeting
Actions Summary
September 24, 2019
Pagell
The City Council convened at 6:50 p.m. into open session.
Chief Assistant City Attorney Risner announced the City Council unanimously approved settlement of the Worker's Compensation claims of retired Firefighter Kevin Belluomini who suffered injuries on the job. The settlement resolves all outstanding claims. The total settlement amount is $411,000 less permanent disability advances for a total of $359,233.02 in new money. The City's insurance company will pay $346,275 with the City paying $12,688.02.
4. ADJOURNMENT
The meeting adjourned at 6:51 p.m.
Special & Regular City Council Meetings
Regular Housing Authority Meeting
Actions Summary
September 24, 2019
VALLEJO HOUSING AUTHORITY
REGULAR MEETING ACTIONS
SUMMARY
COUNCIL CHAMBERS
SEPTEMBER 24, 2019
1. CALL TO ORDER
The meeting was called to order at 6:51 p.m.
2. ROLL CALL
Present: Chair Sampayan, Vice Chair Dew, Boardmembers Brown, McConnell, Miessner, Sunga, Verder-Aliga, and Verdan
Absent: None
Staff present: Executive Director Nyhoff, Chief City Attorney Risner and Secretary Abrahamson
3. CONSENT CALENDAR AND APPROVAL OF AGENDA
Action: Moved by Vice Chair Dew and carried unanimously, unless otherwise noted, approval of the Agenda and the Consent Calendar.
A. APPROVAL OF MINUTES
Recommendation: Approve the Housing Authority minutes for the June 11, 2019 special meeting.
Contact: Dawn G. Abrahamson, Secretary (707) 648-4528
[email protected]
Action: Approved minutes.
B. AMEND AND RESTATE THE LOAN TERMS UNDER THE REGULATORY
AGREEMENT FOR THE BAY VIEW VISTA SENIOR APARTMENTS
Recommendation:
Adopt a Resolution authorizing the Executive Director to execute various documents amending and restating loan obligations between the Housing Authority and Bay View Vista Apartments as described in the staff report including:
a roll-over to the current outstanding principal and accrued interest in Special & Regular City Council Meetings
Regular Housing Authority Meeting
Actions Summary
September 24, 2019
the amount of $1,400,000,
anextension ofthe loan term,
an authorization to assign the loan to Bayview Vallejo AR, L.P. by executing the Amended and Restated Promissory Note.
Contact: Judy Shepard-Hall, Housing and Community Development Manager, (707) 648-4408
[email protected]
Action: Adopted Resolution No. 19-002
4. ACTION CALENDAR
A- RECOMMEND APPROVAL OF REVISIONS TO THE VALLEJO HOUSING
AUTHORITY'S ADMINISTRATIVE PLAN
Recommendation: Recommend the Housing Authority Board Members approve revisions to the Vallejo Housing Authority's (VHA) Administrative Plan (Admin Plan).
Contact: Judy Shepard-Hall, Housing and Community Development Manager (707) 648-4408
[email protected]
Housing & Community Development Manager Shepard-Hall provided an overview of the staff report.
Staff responded to questions from Boardmembers. Boardmembers provided comment.
Action: Moved by Vice Chair Dew and carried unanimously to approve revisions to the VHA Administrative Plan.
5. ADJOURNMENT
The meeting adjourned at 6:54 p.m.
Special & Regular City Council Meetings
Regular Housing Authority Meeting
Actions Summary
September 24, 2019
VALLEJO CITY COUNCIL
REGULAR MEETING ACTIONS SUMMARY
COUNCIL CHAMBERS
SEPTEMBER 24, 2019
1. CALL TO ORDER
The meeting was called to order at 7:03 p.m.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Present: Mayor Sampayan, Vice Mayor Dew, Councilmembers Brown, McConnell, Miessner, Sunga, and Verder-Aliga
Absent: None
Staff present: City Manager Nyhoff, Chief Assistant City Attorney Risner and City Clerk Abrahamson
4. PRESENTATIONS AND COMMENDATIONS
Action: Presentation was rescheduled to a future meeting.
A. PRESENTATION OF A PROCLAMATION CELEBRATING VINO-
GODFATHER WINERY
5. FIRST COMMUNITY FORUM
Speakers: Alicia Sadler, Jason Kishineff, Aaron Carlisle, Ryan Messano, and Natalia Clarke.
6. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Speakers: Ryan Messano and Diana Lang (Item 7C).
7. CONSENT CALENDAR AND APPROVAL OF AGENDA
Action: Moved by Vice Mayor Dew and carried unanimously, unless otherwise noted, approval of the Agenda and the Consent Calendar with the rescheduling of Item 4A, moving Item 9B to Item 4A, the reordering of the Action Calendar making Item 8C Item 8B and Item 8B as Item 8C with all other items to follow in the order as they appeared on the Agenda, and the recusal of Mayor Sampayan on Item 7F.
Special & Regular City Council Meetings
Regular Housing Authority Meeting
Actions Summary
September 24, 2019
A. APPROVAL OF MINUTES
Recommendation: Approve the City Council minutes for the meetings of 1) September 10, 2019 (special) and 2) September 10, 2019 (regular) Contact: Dawn G. Abrahamson, City Clerk (707) 648-4528
[email protected]
Action: Approved minutes.
B. ADOPT AN ORDINANCE AMENDING CHAPTER 11.48 OF THE VALLEJO
MUNICIPAL CODE PERTAINING TO WATER RATES AND CHARGES
Recommendation: Conduct second reading and adopt an ordinance amending Chapter 11,48 of the Vallejo Municipal Code pertaining to water rates and charges
Contact: Mike Malone, Water Director (707) 648-4308
[email protected]
Action: Conducted second reading and adopted Ordinance No. 1818 N.C. (2d).
C. ADOPT TWO ORDINANCES AMENDING CHAPTER 2.02 AND 2.26 OF THE
VALLEJO MUNICIPAL CODE TO ADD RULES OF DECORUM AND
CLARIFY THE ROLE OF COMMISSION MEMBERS AND COUNCIL
LIAISON AND AMENDING THE CODE OF ETHICS AND CONDUCT
Recommendation: Conduct second reading and adopt two ordinances amending Chapter 2.02 and 2.26 of the Vallejo Municipal Code to add rules of decorum and clarify the role of commission members and council liaison and amending the Code of Ethics and Conduct
Contact: Greg Nyhoff, City Manager (707) 648-4576
[email protected]
Claudia Quintana, City Attorney (707) 648-4545
[email protected]
Action: Conducted second reading and adopted Ordinance Nos. 1819 and 1820 N.C. (2d).
D. DEVELOPMENT IMPACT FEE REPORT
Recommendation: Adopt a Resolution accepting, filing and making the findings identified in the attached AB 1600 Development Impact Fee Report for the fiscal year ended June 30, 2019.
Contact: Rekha Nayar, Finance Director (707) 648-4592
Special & Regular City Council Meetings
Regular Housing Authority Meeting
Actions Summary
September 24, 2019
[email protected]
Action: Adopted Resolution No. 19-090 N.
E. AWARD CONSTRUCTION CONTRACT TO RESOURCE
ENVIRONMENTAL, INC., FOR DEMOLITION AND ABATEMENT PROJECT - MARE ISLAND BUILDING NUMBERS 571, 641, 791, 793, & 1001 Recommendation: Adopt a Resolution 1) Approving project plans and specifications for the Demolition & Abatement Project - Mare Island Bldg. Nos. 571, 641, 791,793, & 1001; 2) Rejecting the bids of Asbestos Management Group of California, Inc., and V.E.M. General Engineering, Inc., as non- responsive; and 3) Authorizing the City Manager to execute a construction contract in the amount of $939,150 with Resource Environmental, Inc., in accordance with the approved plans and specifications.
Contact: Melissa L. Tigbao, Assistant Public Works Director / City Engineer, (707) 648-4085
[email protected]
Action: Adopted Resolution No. 19-091 N.C.
F. SUBMISSION OF FISCAL YEAR 2018-19 CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT (CAPER)
Recommendation: Approve the Fiscal Year (FY) 2018-19 Consolidated Annual Performance and Evaluation Report (CAPER) for submission to the U.S.
Department of Housing and Urban Development (HUD).
Contact: Judy Shepard-Hall (707) 648-4408
iudy.shepard-hall@cityofvalleío.net
Action: Approved the Fiscal Year (FY) 2018-19 Consolidated Annual Performance and Evaluation Report (CAPER) for submission to the U.S.
Department of Housing and Urban Development (HUD)
Action: Approved the Fiscal Year (FY) 2018-19 Consolidated Annual Performance and Evaluation Report (CAPER) for submission to the U.S.
Department of Housing and Urban Development (HUD). (Abstain: Mayor Sampayan)
G. ACCEPTANCE OF CONCRETE PORTION OF FLORIDA / CAROLINA / MINI
DRIVE AREA PROJECT
Recommendation: Accept the concrete improvement portions of the Florida / Carolina / Mini Drive Area Project (PW9751) performed by Lister Construction Special & Regular City Council Meetings
Regular Housing Authority Meeting
Actions Summary
September 24, 2019
Inc., of Vacaville, California as complete and authorize and direct the City Clerk to file a Notice of Completion with the Solano County Recorder's office.
Contact: Melissa L. Tigbao, Assistant Public Works Director / City Engineer, (707) 648-4085
[email protected]
Action: Accept the concrete improvement portions of the Florida / Carolina / Mini Drive Area Project (PW9751) performed by Lister Construction Inc., of Vacaville, California as complete and authorize and direct the City Clerk to file a Notice of Completion with the Solano County Recorder's Office.
H. LANDSCAPE MAINTENANCE SERVICE AGREEMENT FOR REGION 9
WITH NEW IMAGE LANDSCAPE COMPANY
Recommendation: Authorize the City Manager to execute the Landscape Maintenance Service Agreement for Region 9 with New Image Landscape Company of Fremont, California in an amount not to exceed $624,837.81 for landscape maintenance services.
Contact: Jason Lacey, Landscape Maintenance Manager, (707) 553-7219 [email protected]
Action: Authorized the City Manager to execute the Landscape Maintenance Service Agreement for Region 9 with New Image Landscape Company of Fremont, California in an amount not to exceed $624,837.81 for landscape maintenance services
1. AWARD CONSTRUCTION CONTRACT FOR THE SERENO DRIVE
REHABILITATION PROJECT
Recommendation: Adopt a Resolution approving the project plans and specifications for the Sereno Drive Rehabilitation Project and authorizing the City Manager to execute a construction contract in the amount of $401,370.00 to MCK Services, Inc., Concord, California, in accordance with the approved plans and specifications.
Contact: Melissa L. Tigbao, Assistant Public Works Director / City Engineer, (707) 648-4085
[email protected]
Action : Adopted Resolution No. 19-092 N.C.
J. RESOLUTION TO AMEND BEAUTIFICATION COMMISSION BUDGET Recommendation: Adopt a Resolution amending the Beautification Special & Regular City Council Meetings
Regular Housing Authority Meeting
Actions Summary
September 24, 2019
Commission FY 2019-20 Budget appropriating $15,000 from the General Fund.
Contact: Derek Crutchfield, Recycling Coordinator (707) 648-5346 [email protected]
Action: Adopted Resolution No. 19-093 N.C.
K. AMEND THE FY 2018-19 BUDGET AND APPROVE CHANGE ORDER TO
CONSTRUCTION CONTRACT WITH TEAM GHILOTTI
Recommendation:
1. Adopt a Resolution amending the Water Mains CIP FY2018-19 Project budget to a total of $1,226,971, by transferring $26,971 from unrestricted, unencumbered City Water Operating Fund 401 balance to the FY 2018-19 Water Main Replacement project WT050 in Fund 404, and acknowledge Public Works cost-share contribution of up to $329,441 from existing project appropriations (pre-authorized budget).
2. Approve the change order contract amount authorizing the City Manager to execute line item adjustments for $32,379, and change orders for $307,742, to the Water Main Replacement FY18-19 contract with Team Ghilotti, for a new not to exceed contract amount of $1,529,441, and a new contract end date of December 31, 2019.
Contact: Mark Quady, Water Engineering Manager (707) 648-4309 [email protected]
Melissa Tigbao, Assistant Public Works Director / City Engineer (707) 648- 4085
[email protected]
Action: Adopted Resolution No. 19-094 N.C.
L. AWARD CONTRACT FOR JANITORIAL SERVICES AT CITY FACILITIES Recommendation: Authorize the City Manager to execute a two year agreement with Universal Building Services and Supply Company for janitorial services at various City facilities with estimated annual payments of $450,000 per year, and three additional one-year options to extend, for a total amount not to exceed $2,250,000.
Contact: Roland Rojas, Assistant Maintenance Superintendent-Facilities [email protected]
Action: Authorized the City Manager to execute a two year agreement with Universal Building Services and Supply Company for janitorial services at Special & Regular City Council Meetings
Regular Housing Authority Meeting
Actions Summary
September 24, 2019
various City facilities with estimated annual payments of $450,000 per year, and three additional one-year options to extend, for a total amount not to exceed $2,250,000.
8. ACTION CALENDAR
Items on the Action Calendar were taken out of order with Item 8C following after Item 8A and all other items following in the order in which they appeared on the Agenda.
The minutes reflect the items in the order as they appeared on the Agenda..
A. TERMINATION OF CALLAHAN PROPERTY COMPANY RIGHTS TO
PHASE B PARKING GARAGE
Recommendation: Adopt a Resolution (Attachment 1) terminating Callahan Property Company's (CPC) rights as developer on Phase B of the Vallejo Station Parking Structure project (Phase B garage).
Contact: Will Morat, Assistant to the City Manager, 707-648-4109 [email protected]
Assistant to the City Manager Morat provided an overview of the staff report and outlined the recommendation.
Action: Moved by Vice Mayor Dew and carried unanimously to adopt Resolution No. 095 N.C.
EL PUBLIC HEARING - RENEW TEMPORARY CLOSURE OF SECTIONS OF
ALPINE COURT, SKYLINE COURT, AND ENTERPRISE STREET FOR
ANOTHER 18 MONTHS TO DETER ILLEGAL DUMPING
AND TEMPORARY CLOSURE OF A SECTION OF FRIEDELL AVENUE
FOR 18 MONTHS TO DETER ILLEGAL DUMPING
Recommendation: Conduct the public hearing and upon conclusion, adopt Resolutions to continue the temporary closure of sections of Alpine Court, Skyline Court, and Enterprise Street for an additional 18 months to deter illegal dumping and adopt a Resolution to temporarily close a section of Friedell Avenue for 18 months to deter illegal dumping.
Contact: Dylan Brady, Deputy City Attorney, (707) 648-4147 [email protected]
Mayor Sampayan opened the public hearing.
Special & Regular City Council Meetings
Regular Housing Authority Meeting
Actions Summary
September 24, 2019
Pagel 10
Speakers: Sal Gavino.
There being no further speakers, the public hearing was closed.
Action: Moved by Vice Mayor Dew and carried unanimously to adopt Resolution Nos. 19-096 and 19-097 N.C.
C. CONSIDERATION OF A RESOLUTION REAFFIRMING THE
PROCLAMATION OF EMERGENCY BY THE DIRECTOR OF EMERGENCY
SERVICES OF THE CITY OF VALLEJO DATED JUNE 27, 2019
Recommendation: Adopt a Resolution of the City Council of the City of Vallejo Reaffirming the Proclamation of Emergency by the Director of Emergency Services dated June 27, 2019
Contact: Randy Risner, Chief Assistant City Attorney (707) 648-4545 [email protected]
Councilmember McConnell announced he had a conflict of interest and left the dais and the Council Chambers.
Chief Assistant City Attorney Risner provided an overview of the staff report and outlined the recommendation.
Action: Moved by Vice Mayor Dew and carried to adopt Resolution No. 19- 098 N.C. (Abstain Due to Conflict of Interest: McConnell) Councilmember McConnell resumed his seat at the dais.
D. AUTHORIZE A SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF
VALLEJO AND THE VALLEJO POLICE OFFICERS ASSOCIATION (VPOA)
AND AUTHORIZE A CHANGE IN THE VPOA SALARY SCHEDULE
Recommendation: Authorize the City Manager to execute a supplemental agreement to the Memorandum of Understanding between the City of Vallejo and the Vallejo Police Officers' Association, ratifying the attached tentative agreement, and authorize an amendment to the VPOA salary schedule as attached to add Step 6.
Contact: Heather Ruiz, Director of Human Resources (707) 648-4317 heather. [email protected]
Special & Regular City Council Meetings
Regular Housing Authority Meeting
Actions Summary
September 24, 2019
Pagelll
Human Resources Director Ruiz provided an overview of the staff report and outlined the recommendation.
Speakers: Alicia Salder, Jason Kishineff, Jeriann Guzman, TJ Walkup, Marge Grow-Eppard, Calvin Harrell, Gretchen Zimmermann, Gary Wettstrin, Lisa Davis, Ryan Messano, Anne Carr, Daniela Kantorova, Robert Woolery, Brad Beltane, Ken Szutu
Staff responded to questions from Councilmembers. Councilmembers provided comment.
Action: Moved by Vice Mayor Dew and carried to authorize the City Manager to execute a supplemental agreement to the Memorandum of Understanding between the City of Vallejo and the Vallejo Police Officers' Association, ratifying the attached tentative agreement, and authorize an amendment to the VPOA salary schedule as attached to add Step 6 (Noes: McConnell) The meeting recessed at 9:44 p.m. and reconvened at 9:57 p.m.
E- SECOND AMENDMENT TO CITY ATTORNEY'S EMPLOYMENT
AGREEMENT AND ADOPTION OF A RESOLUTION TO AMEND THE
SALARY SCHEDULE
Recommendation: Adopt a resolution authorizing the Mayor to execute the second amendment to the City Attorney's employment agreement to reflect a 5% salary increase effective July 1, 2019; and adopt a resolution revising the Salary Schedule to reflect the new salary.
Contact Heather Ruiz, Human Resources Director (707) 648-4317 heather. [email protected]
Human Resources Director Ruiz reviewed the terms of the contract.
Speakers: Ryan Messano.
Staff responded to questions from Councilmembers. Councilmembers provided comment.
Action: Moved by Vice Mayor Dew and carried to adopt Resolution No. 19- 099 N.C. (Noes: Brown and Sunga).
Special & Regular City Council Meetings
Regular Housing Authority Meeting
Actions Summary
September 24, 2019
Pagel 12
F. APPROVE BANKING SERVICES AGREEMENT WITH WELLS FARGO
BANK
Recommendation: Authorize the City Manager to execute the Master Banking Services agreement and any associated agreements between the City and Wells Fargo Bank that are necessary to implement the agreement for banking services for a total of $391,000 per year for a total cost not to exceed $1,955,000 for a five year term, in substantially the form as the agreements attached to this staff report, together with any additions thereto or changes therein deemed necessary or advisable by the City Attorney.
Contact: Rekha Nayar, Finance Director (707) 648-4592
[email protected]
Mayor Sampayan noted that he had a conflict of interest and recused himself from this item and left the dais and the Council Chambers. Vice Mayor Dew presided over the meeting.
Finance Director Nayar provided background information and discussed selection and staff recommendations. Representatives from Wells Fargo Bank addressed the Council on contributions to the community.
Staff and representatives from Wells Fargo Bank responded to questions from Councilmembers. Councilmembers provided comment.
Action: Moved by Councilmember Verder-Aliga and carried to authorize the City Manager to execute the Master Banking Services agreement and any associated agreements between the City and Wells Fargo Bank that are necessary to implement the agreement for banking services for a total of $391,000 per year for a total cost not to exceed $1,955,000 for a five year term, in substantially the form as the agreements attached to this staff report, together with any additions thereto or changes therein deemed necessary or advisable by the City Attorney (Noes: Brown; Abstained Due to Conflict of Interest: Mayor Sampayan).
Mayor Sampayan resumed his seat at the dais.
9. INFORMATION CALENDAR
Information Item 98 was taken out of order and heard as Item 4A. The minutes reflected items in the order as they appeared on the Agenda.
Special & Regular City Council Meetings
Regular Housing Authority Meeting
Actions Summary
September 24, 2019
Pagel 13
A. IDENTIFY THE CITY OWNED PROPERTY LOCATED AT 5 MIDWAY STREET, VALLEJO, CA 94590 AS A POSSIBLE SITE FOR THE
CONSTRUCTION OF THE VALLEJO/SOUTH SOLANO COUNTY
HOMELESS NAVIGATION CENTER.
Recommendation:
1. Receive an informational presentation on the proposed homeless navigation center; and
2. Direct staff to schedule a public hearing on 10/22/19 in order to consider the use of city-owned property located at 5 Midway Street, Vallejo, CA 94590 for the construction of the Vallejo/South Solano Homeless Navigation Center.
Contact: Judy Shepard-Hall, Housing Division Manager
[email protected]
Action: this item was rescheduled to the October 8 regular City Council meeting.
B. GFOA UPDATE ON ENTERPRISE RESOURCE PLANNING (ERP)
SOFTWARE PROJECT
Recommendation: Informational item only. No staff report is associated with this item or action.
Assistant City Manager Cardwell provided introductory comments.
Representatives from GFOA provided an update on the ERP project.
10. CITY MANAGER'S REPORT
City Manager Nyhoff provided an update on the Zoning Code process, the hiring of a new Police Chief and the recruitment efforts for a new Planning & Development Services Director.
11. CITY ATTORNEY'S REPORT - None.
12. COMMUNITY FORUM
Speakers: Anne Carr.
Special & Regular City Council Meetings
Regular Housing Authority Meeting
Actions Summary
September 24, 2019
Page I 14
13. REPORT OF THE PRESIDING OFFICER AND MEMBERS OF THE CITY COUNCIL Councilmembers reported on various community events and meetings attended.
14. CLOSED SESSION
15. ADJOURNMENT
The meeting adjourned at 11:05 p.m.
Special & Regular City Council Meetings
Regular Housing Authority Meeting
Actions Summary
September 24, 2019
Pagel 15
CONSENT CALENDAR 8.J.
DATE: September 12, 2023
TO: Mayor and Members of the City Council
FROM: Jason Ta, Interim Chief of Police
SUBJECT: ADOPT A RESOLUTION ACCEPTING THE OFFICER WELLNESS AND MENTAL
HEALTH GRANT AWARD FROM THE BOARD OF STATE AND COMMUNITY CORRECTIONS AND NOTICING INTENT TO AMEND FISCAL YEAR 2023-24 BUDGET IN THE AMOUNT OF $61,783.27
RECOMMENDATION
1. Adopt a Resolution accepting the Officer Wellness and Mental Health Grant Program award totaling $61,783.27 from the Board of State and Community Corrections.
2. As the first in a two-step process, accept notice of intent to amend the Fiscal Year 2023/2024 Officer Wellness and Mental Health Grant Program General Fund budget to recognize revenue and appropriate expenditure in the amount of $61,784.
REASONS FOR RECOMMENDATION
Staff recommends supporting the Police Department's efforts to improve officer wellness and expand mental health resources for the department's sworn personnel. The grant period is from July 1, 2022 to December 1, 2025.
Expanding the wellness program is a priority for the department, which can use the funds in the following areas:
1. Physical Health - fitness programs, purchase of exercise equipment, and nutritional programs
2. Mental and/or Emotional Health - peer support programs, a mental health counselor or psychologist, coping skills education, mindfulness training.
3. Other - Financial literacy program, any other program which does not fall under physical health or emotional and/or mental health.
BACKGROUND AND DISCUSSION
The Officer Wellness and Mental Health Grant Program was established in the 2022 Budget Act (Assembly Bill 178, Chapter 45, Statutes of 2022) and provides $50 million for city and county law enforcement agencies for the purpose of improving officer wellness and expanding mental health resources. The funding may be used for any of the following purposes:
1. Establishing officer wellness units or expanding existing officer wellness units.
2. Establishing peer support units or expanding peer support units.
3. Providing services by a licensed mental health professional, counselor, or other professional that works with law enforcement.
4. Expanding multi agency mutual aid programs focused on officer wellness and mental health.
Date: September 12, 2023
Subject: ADOPT A RESOLUTION ACCEPTING THE OFFICER WELLNESS AND MENTAL
HEALTH GRANT AWARD FROM THE BOARD OF STATE AND COMMUNITY CORRECTIONS AND NOTICING INTENT TO AMEND FISCAL YEAR 2023-24 BUDGET IN THE AMOUNT OF $61,783.27