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CC 2013-06-25_08.f. Contractor Services Agreement - Executive JanitorialMEMORANDUM TO: CITY COUNCIL FROM: GEOFF ENGLISH, PUBLIC WORKS DIRECTOR SUBJECT: CONSIDERATION OF AN AGREEMENT FOR CONTRACT MAINTENANCE SERVICES WITH EXECUTIVE JANITORIAL, INC. FOR CUSTODIAL MAINTENANCE SERVICES FOR PARK RESTROOMS AND PUBLIC TRASH CAN EMPTYING SERVICES DATE: JUNE 25, 2013 RECOMMENDATION: It is recommended the City Council: 1. Approve an Agreement for Contract Maintenance Services with Executive Janitorial, Inc. for custodial maintenance services in the amount of $41,280; 2. Authorize the City Manager to approve change orders for 10% of the contract amount, $4, 128, for additional work annually during the term of the agreement (total annual cost= $41,280 + $4,128 = $45,408); and 3. Authorize the City Manager to extend the agreement for two additional one-year terms upon mutual agreement. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: $45,408 will be charged to the Parks Division contract services budget in FY 2013-14 if this agreement is approved. There was $113,500 budgeted in the Parks Division for contractual services, and $43,000 has been previously committed to landscape maintenance. Funds for these contracted services were made available by reduction through attrition of part-time temporary Maintenance Worker positions and the reduction in expenditures for supplies that will be assumed by the private contractor. BACKGROUND: Traditionally, maintenance of park restrooms and the emptying of public trash cans in Arroyo Grande have been completed by City Public Works personnel. Retirements and staffing reductions in the Public Works Department have provided an opportunity to consider more cost effective options for providing maintenance services. The use of private maintenance firms has the potential to continue high level maintenance services in applicable areas while reducing staff costs and associated expenses. (Recently the City Council authorized an agreement with a private landscape maintenance contractor to maintain 14 of the City's park and landscape areas.) Item 8.f. - Page 1 CITY COUNCIL CONSIDERATION OF AN AGREEMENT FOR CONTRACT MAINTENANCE SERVICES WITH EXECUTIVE JANITORIAL, INC. FOR CUSTODIAL MAINTENANCE SERVICES FOR PARK RESTROOMS AND PUBLIC TRASH CAN EMPTYING SERVICES JUNE 25, 2013 PAGE2 The scheduled retirement of a long-term full-time employee in the Public Works Department created a promotional opportunity for one of the City's current permanent part-time Maintenance Workers. After an internal promotional recruitment process, one of the six current permanent part-time employees was selected for promotion to full-time status on July 1, 2013. The part-time Maintenance Worker vacancy is proposed to be back-filled with private maintenance contractors. Park restroom custodial maintenance and emptying services for the City's public trash cans was determined to be the most beneficial areas for maintenance services assistance to supplement the remaining maintenance workers. Restroom maintenance is a seven day a week activity and emptying the City's trash cans on Fridays and Mondays requires the dedication of an employee for a full day, twice a week. These routines create an ongoing challenge for the Public Works Department, due to reduced staffing levels. The following three public restrooms are proposed to be maintained on a daily basis under the terms of this agreement. Restroom #1-Village/ Short Street Public Restroom Restroom #2-Strother Park Public Restroom Restroom #3-Rancho Grande Park Public Restroom In addition, the terms call for the custodial maintenance contractor to empty and provide new trash bags for 147 public trash cans twice a week. ANALYSIS OF ISSUES: On May 30, 2013, four bids were opened for the Park Restroom Custodial and Trash Can Emptying Services. The lowest bid was received from Executive Janitorial, Inc. in the total amount of $5, 160 per month. The original bid request included two additional restroom locations: Elm Street Park and the Ash Street Public Restrooms. The total amount for all five restrooms and trash can emptying exceeded the amount of funds available in the recently approved budget. As a result, the Elm Street Park and the Ash Street Public Restrooms were removed from the proposed agreement and will continue to be maintained by existing City maintenance staff. The reduced monthly cost by Executive Janitorial, Inc. would be $3,440 per month. The total number of hours necessary for City Public Works to complete the proposed work is approximately 114 hours per month. This calculation assumed the use of one Maintenance Worker, half of the time using a full-time employee and the other half using a part-time employee and is currently our common practice. Based on an average pay- rate for current Public Works maintenance employees, the approximate cost to provide the service levels proposed is $4,502 per month. This amount does not include additional cost for fuel and maintenance expenses for vehicles and equipment used by City staff, nor does this comparison include a proportionate amount of time for staff training, uniforms, and supervisory oversight. (Refer to cost comparison summary.) Item 8.f. - Page 2 CITY COUNCIL CONSIDERATION OF AN AGREEMENT FOR CONTRACT MAINTENANCE SERVICES WITH EXECUTIVE JANITORIAL, INC. FOR CUSTODIAL MAINTENANCE SERVICES FOR PARK RESTROOMS AND PUBLIC TRASH CAN EMPTYING SERVICES JUNE 25, 2013 PAGE3 SUMMARY OF COST COMPARISON City personnel costs for the proposed restroom custodial services-$1,601/mo Restrooms FT Employee @ $42/hr x 23hrs/month= $ 966/month Restrooms PT Employee @ $16/hr x 23hrs/month= $ 368/month Administrative overhead expense-$1,334 x 20%= $ 267/month City personnel costs for the proposed trash can emptying services-$2401/mo Trash cans FT Employee @ $42/hr x 34.5hrs/month= $ 1,449/month Trash cans PT Employee@ $16/hr x 34.5hrs/month= $ 552/month Administrative overhead expense-$2,001 x 20%= $ 400/month Supplies currently provided by the City: $ 500/mo. Total approximate monthly current City expenses: $4,502/mo. Contractor bid-Executive Janitorial: $3,440/mo. Based on this evaluation, providing park restroom custodial and trash can emptying maintenance services for the proposed areas through the use of private custodial maintenance contractors is a more cost effective alternative than utilization of City personnel. Staff has determined the submitted bid to be responsive and recommends entering into an Agreement for Contractor Services with Executive Janitorial, Inc. The proposed agreement term is for one year with an option to extend the agreement for two additional one-year terms upon mutual consent of both parties. The agreement is proposed to commence on July 1, 2013. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Approve staff's recommendations to approve an agreement for contractor services with Executive Janitorial; 2. Do not approve an agreement for contractor services with Executive Janitorial at this time; or 3. Provide direction to staff. ADVANTAGES: The agreement will allow for the continued maintenance of three of the City's park restrooms and continued twice weekly collection of trash without filling a vacant permanent part-time maintenance worker position. Therefore, the recommendation will maintain our current service levels at or slightly below the current costs. In addition, there will be minor additional benefits to lowering training costs, vehicle use costs and Item 8.f. - Page 3 CITY COUNCIL CONSIDERATION OF AN AGREEMENT FOR CONTRACT MAINTENANCE SERVICES WITH EXECUTIVE JANITORIAL, INC. FOR CUSTODIAL MAINTENANCE SERVICES FOR PARK RESTROOMS AND PUBLIC TRASH CAN EMPTYING SERVICES JUNE 25, 2013 PAGE4 other associated employee expenses. As a result, there will be an overall service level increase by freeing up staff time to better maintain other areas and facilities. DISADVANTAGES: The use of City employees for maintenance services allows for more flexibility of assignments as crews can be diverted to other work assignments as needed. We would not have this benefit with the use of contractual maintenance services firms. ENVIRONMENTAL REVIEW: This maintenance project is exempt from CEQA per CEQA Guidelines, Section 15301 (h). PUBLIC NOTIFICATION AND COMMENTS: The agenda was posted on Thursday, June 20, 2013. The agenda and staff report was posted on the City's website on Friday, June 21, 2013. No public comments were received as of the time of preparation of this report. Attachment: 1. Bid Summary 2. Agreement for Contractor Services Item 8.f. - Page 4 BID OPENING LOG SHEET CITY OF ARROYO GRANDE Deadline: May 30, 2013; 3:00 p.m. Park Restroom Custodial and Trash Can Emptying Services SUBMITTED BY: KO Janni Landscaping, Inc. San Luis Obispo, CA ServiceMaster CBM Santa Maria, CA Executive Janitorial San Luis Obispo, CA Achievement House San Luis Obispo, CA c: Director of Public Works TOTAL $15,001.25 $13,713.00 $5,160.00 $5,888.98 Item 8.f. - Page 5 ATTACHMENT 1 AGREEMENT FOR CONTRACTOR SERVICES THIS AGREEMENT, is made and effective as of May 1, 2013, between EXECUTIVE JANITORIAL, INC. ("Contractor"), and the CITY OF ARROYO GRANDE, a Municipal Corporation ("City"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2013 and shall remain and continue in effect until June 14, 2014, unless sooner terminated pursuant to the provisions of this Agreement. The term of this agreement may be extended for two additional one-year terms upon mutual agreement of both parties. Contractor shall be able to exercise said options to extend by providing City with written notice thereof no later than fifteen (15) days prior to the expiration of the term of this Agreement. Unless otherwise agreed to by parties, each option to extend shall be subject to all terms and conditions hereof. 2. SERVICES Contractor shall perform the tasks described and comply with all terms and provisions set forth in Exhibit "A", attached hereto and incorporated herein by this reference. 3. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Contractor shall employ, at a minimum generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. AGREEMENT ADMINISTRATION City's Public Works Director, Geoff English, shall represent City in all matters pertaining to the administration of this Agreement. Marcia A. Slagle, shall represent Contractor in all matters pertaining to the administration of this Agreement. 5. PAYMENT The City agrees to pay the Contractor in accordance with the payment rates and terms set forth in Exhibit "B", attached hereto and incorporated herein by this reference. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at Page 1 Item 8.f. - Page 6 ATTACHMENT 2 least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 5. 7. TERMINATION ON OCCURRENCE OF STATED EVENTS This Agreement shall terminate automatically on the occurrence of any of the following events: (a) Bankruptcy or insolvency of any party; (b) Sale of Contractor's business; or (c) Assignment of this Agreement by Contractor without the consent of City. (d) End of the Agreement term specified in Section 1. 8. DEFAULT OF CONTRACTOR (a) The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the C.ity shall have the right, notwithstanding any other provision of this Agreement to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. LAWS TO BE OBSERVED. Contractor shall: (a) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Contractor under this Agreement; Page 2 Item 8.f. - Page 7 (b) Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Agreement, any materials used in Contractor's performance under this Agreement, or the conduct of the services under this Agreement; (c) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; (d) Immediately report to the City's Contract Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this Agreement. (e) The City, and its officers, agents and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 10. OWNERSHIP OF DOCUMENTS (a) Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. Page 3 Item 8.f. - Page 8 11. INDEMNIFICATION (a) Indemnification for Professional Liabilitv. When the law establishes a professional standard of care for Contractor's Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contractor, its officers, agents, employees or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this agreement. (b) Indemnification for Other Than Professional Liabilitv. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. (c) General Indemnification Provisions. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. 12. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit "C" attached hereto and incorporated herein as though set forth in full. 13. INDEPENDENT CONTRACTOR (a) Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Page4 Item 8.f. - Page 9 Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. (b) No employee benefits shall be available to Contractor in connection with performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure was or is used against or in concert with any officer or employee of the City of Arroyo Grande in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Arroyo Grande will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement. 16. RELEASE OF INFORMATION/CONFLICTS OF INTEREST (a) All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the Page 5 Item 8.f. - Page 10 City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (b) Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 17. NOTICES Any notice which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To City: To Contractor: 18. ASSIGNMENT City of Arroyo Grande Geoff English, Public Works Director 300 E. Branch Street Arroyo Grande, CA 93420 Executive Janitorial, Inc. Marcia A. Slagle 233 Granada Drive, Suite D. San Luis Obispo, CA 93401 The Contractor shall not assign the performance of this Agreement, nor any part thereof, without the prior written consent of the City. 19. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation Page6 Item 8.f. - Page 11 concerning this Agreement shall take place in the superior or federal district court with jurisdiction over the City of Arroyo Grande. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. TIME City and Contractor agree that time is of the essence in this Agreement. 22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL Contractor is bound by the contents of the City's Request for Proposal, Exhibit "D", attached hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Contractor, Exhibit "E", attached hereto and incorporated herein by this reference. In the event of conflict, the requirements of City's Request for Proposals and this Agreement shall take precedence over those contained in the Consultant's proposals. 23. CONSTRUCTION The parties agree that each has had an opportunity to have their counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 24. AMENDMENTS Amendments to this Agreement shall be in writing and shall be made only with the mutual written consent of all of the parties to this Agreement. 25. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. Page 7 Item 8.f. - Page 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF ARROYO GRANDE By: __________ _ Tony Ferrara, Mayor Attest: Kelly Wetmore, City Clerk Approved As To Form: Timothy J. Carmel, City Attorney CONTRACTOR By: ___________ _ Its: ------------ (Title) Page 8 Item 8.f. - Page 13 EXHIBIT A SCOPE OF WORK Park Restroom Custodial and Trash Can Emptying Services The Contractor agrees to perform all work and to furnish any and all plant, labor, services, material, tools, equipment, supplies, transportation, and all other items and facilities necessary therefore as provided in the Technical Specifications (page 3 of Exhibit A), and to do everything required as specifically set forth in the Request for Quotations documents entitled: Park Restroom Custodial and Trash Can Emptying Services FACILITIES TO BE MAINTAINED PER ATTACHED TECHNICAL WEEKLY FREQUENCY SPECIFICATIONS Villaae Public Restrooms x 7 (daily) Elm Street Park Restrooms ~ 7 /-'-"··' I Strother Park Restrooms x 7 (daily) Rancho Grande Park Restrooms x 7 (daily) Ash Street Restrooms 7 ,_._ :1 147 Total Trash Cans (Per the inventory and locations on Pq 2 of Exhibit A) x 2 (Mon. & Fri.) Page 9 Item 8.f. - Page 14 PUBLIC TRASH CAN INVENTORY #OF LOCATION ADDRESS CANS Village/E. Branch 100 -408 East Branch Street 28 Olohan Alley 111 Olohan Alley 13 Kiwanis Park 100 Olohan Alley 3 Bridge St/village 101, 102, 128 Bridge Street 3 Hoosgow 150 Le Point Street 1 Hart/Collet Park 201 Traffic Way 1 Dower Park Next to 540 Traffic Way 1 Heritage Park 205 Nelson Street 3 School House/Museum 127 Short Street 2 Stother Park 1150 Huasna Road 23 Terra de Oro Park 311 Oro Drive 2 Elm st @ shopping center 140 South Elm Street 1 Rancho Grande Park 500 James Way 14 James Way trail head -both ends Across from 525 Clinton Court 2 Corner of La Canada & Matthew La Canada Way 1 Virginia Park Virginia Drive I Woodland Drive 1 Hospital course 834 Fair Oaks Avenue 2 Council chambers 215 East Branch Street 2 Parkside Park 401 N. Bakeman Lane 2 Elm St. Park 350 South Elm Street 16 Tennis co1..1rts 1221 Ash Street 9 Kingo Park 1501 Huckleberry Avenue 2 Car corral parking lot 100 block of East Branch Street 1 Grand Ave: AM/PM 300 block East Grand Avenue 1 AG Glass 1018 East Grand Avenue 1 FairOaks Theather 1007 East Grand Avenue 1 Rabo Bank 1026 East Grand Avenue 1 FairOaks Pharmacy 1051 East Grand Avenue 1 Donnas interior 1069 East Grand Avenue 1 Rite Aid 1207 East Grand Avenue 1 Seven-eleven 830 East Grand Avenue 1 Mission Bank 154 West Branch Street 1 Century 21 604 East Grand Avenue 1 Men Z's 1351 East Grand Avenue 1 The Girls 1237 East Grand Avenue 2 1248 Grand 1248 East Grand Avenue 1 TOTAL 147 All trash cans to be emptied twice weekly on Mondays and Fridays Page 10 Item 8.f. - Page 15 Technical Specifications for City of Arroyo Grande Park Restroom Custodial and Trash Can Emptying Services PARK RESTROOMS All Park restrooms will be cleaned and opened daily prior to 9:00 a.m. Daily: 1. Scrub and clean the water closets, urinals, sinks, doors, partitions, floors and dispensers. Fixtures shall be free of stains and graffiti. Top and bottom of toilet seats, base and behind fixtures shall be clean. Floors shall not have standing water and shall be squeegee'd or swept after washing to remove standing water. A germicidal detergent shall be used for cleaning. 2. Walls, ceilings and light fixtures will be kept free of cob webs, dirt, algae, "spit-balls," and debris. 3. Check for proper operation and refill all dispensers and paper products. 4. Empty and clean trash containers; replace trash can liners. 5. While servicing restroom, Contractor shall post a sign at the entrance door indicating that the restroom is temporarily closed for cleaning. 6. Any damage, vandalism, or graffiti shall be reported immediately to the Public Works Supervisor at 805-473-5470. Weekly: 1. Clean exterior walls and concrete of all restrooms to remove dirt, debris, cobwebs, and stains. 2. Scrub and clean interior walls and ceilings to remove dirt, debris, cobwebs, and stains. 3. Clean all air vents to remove dirt, debris, cobwebs, and stains. Paper Products and Supplies: 1. The Contractor shall provide all equipment and supplies; detergents, mops, hoses, brushes, cleaning products, paper products, trash liners, and disinfectants required to maintain the restroom in a clean and orderly manner. a. Toilet paper shall be Kimberly-Clark Professional "Scott" Coreless Jumbo Roll 0700600 or equivalent. (In 2012, the City of Arroyo Grande used approximately 60 cases of toilet paper for all five of restroom facilities listed in this bid document, an average of one case per facility per month.) b. Trash receptacle liners shall be minimum 1 ml. thickness c. All purpose cleaner shall be non-toxic, biodegradable and germicidal Simple Green Pro 3 Germicidal Cleaner or equivalent. 2. The quality of all cleaning supplies and paper products is subject to approval by City. 3. Contractor to provide the City of Arroyo Grande with MSDS for all chemicals used. General Requirements: 1. Employees shall wear uniform furnished by Contractor and bearing company name at all times while servicing City sites. Contractor vehicles must be identified with a prominent company logo. 2. Contractor is responsible to collect trash from restroom receptacles and dispose in a designated roll-off container at the City of Arroyo Grande Corporation Yard at 1375 Ash Street. City trash receptacles or dumpsters located at City Park facilities are not to be utilized for disposal of restroom trash. Only trash generated from City facilities may be deposited in the designate roll-off bin at the Corporation Yard. 3. Contractor shall use due care to protect all furnishings, fixtures, landscape, and improvements from damage by its operations. All damage shall be repaired or replaced, Page 11 Item 8.f. - Page 16 at the option of the City, at the Contractor's expense within a reasonable time after notification of such damage. 4. Discharges of detergent and/or wash water to the storm water drainage system from cleaning or hosing of impervious surfaces is prohibited. Contractor is responsible to ensure that all washing fluids are discharged to the sanitary sewer via drains and/or floor drains, or recovered. TRASH CAN ROUTINES 1. Empty trash containers at all locations specified on Friday's and Monday's of each week. Contractor is responsible to pick up all spill-over trash and litter in the immediate vicinity of the trash cans. 2. Contractor is responsible to collect trash and dispose in a designated roll-off container at the City of Arroyo Grande Corporation Yard at 1375 Ash Street. Only trash generated from City facilities may be deposited in the designate roll-off bin at the Corporation Yard. Contractor employees must wear reflective safety vests when working the Public Right of Wa Page 12 Item 8.f. - Page 17 EXHIBIT 8 PAYMENT SCHEDULE FACILITIES TO BE MAINTAINED PER WEEKLY WEEKLY MONTHLY TOTAL COST ATTACHED TECHNICAL SPECIFICATIONS FREQUENCY PRICE (multiply weekly price by 4.3) Village Public Restrooms x 7 (daily) $ 200.00 $ 860.00 Strother Park Restrooms x 7 (daily) $ 200.00 $ 860.00 Rancho Grande Park Restrooms x 7 (daily) $ 200.00 $ 860.00 147 Total Trash Cans (see attached inventory and locations) x 2 (Mon. & Fri.) $ 200.00 $ 860.00 TOTAL MONTHLY BID AMOUNT* NA NA (For Low Bid Determination) $ 3,440.00 Page 13 Item 8.f. - Page 18 EXHIBITC INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy from CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There Page 14 Item 8.f. - Page 19 shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence. Insurance procured pursuant to these requirements shall be written by insurer that are admitted carriers in the state California and with an A. M. Bests rating of A-or better and a minimum financial size VII. General conditions pertaining to prov1s1on of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contractor also agrees to require all Contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all Contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any Contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. Page 15 Item 8.f. - Page 20 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any Contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At the time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increase benefit to City. Page 16 Item 8.f. - Page 21 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirements in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Page 17 Item 8.f. - Page 22 Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 22. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Page 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 8.f. - Page 24