CC 2016-01-12_09h Agreement_Janitorial Services PD
MEMORANDUM
TO: CITY COUNCIL
FROM: GEOFF ENGLISH, PUBLIC WORKS DIRECTOR
BY: RON SIMPSON, PUBLIC WORKS SUPERVISOR
SUBJECT: CONSIDERATION OF AN AGREEMENT FOR CONTRACTOR
SERVICES WITH BRENDLER JANITORIAL, INC. FOR JANITORIAL
SERVICES FOR THE POLICE STATION
DATE: JANUARY 12, 2016
RECOMMENDATION:
It is recommended the City Council:
1. Approve an Agreement for Contractor Services with Brendler Janitorial Service
for janitorial services in the amount of $525.03 per month for a two year term;
2. Authorize the City Manager to approve change orders for $2,400.00 for additional
work during the term of the agreement (total annual cost = $6,300.36 + $1,200 =
$7,500.36); and
3. Authorize the City Manager to extend the agreement for two additional one-year
terms at the option of the City.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Annually, $6,000 will be charged to the Police Department’s contract services account
with the remaining $1,500.36 charged to the Government Buildings contract services
account if this agreement is approved. Funds have been allocated in the bi-annual
budgets for both the Police Department and Government Buildings contract services
accounts.
BACKGROUND:
Traditionally, janitorial service at the Police Department has been completed by City
Public Works personnel. Recent renovations at the Police Station created additional
office square footage and increased requirements for janitorial services. The increased
requirements coupled with staffing limitations in the Public Works Department have
provided an opportunity to consider alternate options for providing janitorial services.
As a result, Public Works staff worked with the Police Department to develop a scope of
work for the potential use of contracted janitorial services at the Police Department.
Item 9.h. - Page 1
CITY COUNCIL
CONSIDERATION OF AN AGREEMENT FOR CONTRACTOR SERVICES WITH BRENDLER
JANITORIAL, INC. FOR JANITORIAL SERVICES FOR THE POLICE STATION
JANUARY 12, 2016
PAGE 2
ANALYSIS OF ISSUES:
On December 8, 2015, five bids were opened for Arroyo Grande Police Station
Janitorial Services. The lowest bid was received from Brendler Janitorial Services in the
total amount of $525.03 per month.
Staff has determined the submitted bid to be responsive and recommends entering into
an Agreement for Contractor Services with Brendler Janitorial Services. The proposed
agreement term is for two-years 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 February 1, 2016.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve staff’s recommendations to approve an agreement for janitorial services
with Brendler Janitorial Services;
2. Do not approve an agreement for janitorial services with Brendler Janitorial
Services at this time; or
3. Provide direction to staff.
ADVANTAGES:
The use of private janitorial firms has the potential to provide a high level of
maintenance services in applicable areas while minimizing staff costs and associated
expenses.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
This maintenance project is exempt from CEQA per CEQA Guidelines, Section 15301.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, January 7, 2016 and the
agenda and staff report were posted to the City’s website on Friday, January 8, 2016.
No public input has been received to date.
ATTACHMENTS:
1. Bid Summary
Item 9.h. - Page 2
Page 1
AGREEMENT FOR CONTRACTOR SERVICES
THIS AGREEMENT is made and effective as of February 1, 2016, between
BRENDLER JANITORIAL SERVICE (“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 February 1, 2016 and shall remain and
continue in effect until January 31, 2018, unless sooner terminated pursuant to the
provisions of this Agreement. This Agreement is eligible for two (2) one (1) year time
extensions at the option of the City with the same terms, conditions and provisions as
contained in the Agreement, except as otherwise provided herein. Each option to
extend shall be exercisable by written notice from the City to Contractor as the City’s
intent to exercise its election for said option no later than six (6) months prior to the end
of the previous term.
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. Terry McGillicuddy 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.
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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
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 th e 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 City 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.
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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;
(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
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necessary computer software and hardware for purposes of accessing, compiling,
transferring, and printing computer files.
11. INDEMNIFICATION
(a) Indemnification for Professional Liability. 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 Liability. 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.
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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
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 Contrac tor 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
Item 9.h. - Page 7
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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
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: City of Arroyo Grande
Geoff English
300 E. Branch Street
Arroyo Grande, CA 93420
To Contractor: Brendler Janitorial Service
Terry McGillicuddy
P.O. Box 476
Templeton, CA 93465
18. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part
thereof, without the prior written consent of the City.
Item 9.h. - Page 8
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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
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 requireme nts 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
Item 9.h. - Page 9
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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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ARROYO GRANDE CONTRACTOR
By:__________________________ By:____________________________
Jim Hill, Mayor
Its:____________________________
Attest: (Title)
____________________________
Kelly Wetmore, City Clerk
Approved As To Form:
_____________________________
Heather Whitham, City Attorney
Item 9.h. - Page 10
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EXHIBIT A
SCOPE OF WORK
Technical Specifications for City of Arroyo Grande
Police Department Janitoral Services
Two times a week service:
Service is to take place between the hours of 8am and 4pm on Mondays and Thursdays.
Task per clean day:
Floors: Vacuum all hard surface and carpet areas with a backpack vacuum. Damp mop all hard
surface floors with “Sparkle” cleaning product.
Wipe down entry Glass door and reception glass with special cleaner and cloth as not to
scratch.
Restrooms:
1. Scrub and clean the water closets, urinals, sinks, doors, partitions, floors and
dispensers. Fixtures shall be free of stains. 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 and dirt.
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 shall be reported immediately to the Public Works Supervisor at 805-473-
5488.
Paper Products and Supplies:
1. The Contractor shall provide all equipment, detergents, mops, hoses, brushes, cleaning
products and disinfectants required to maintain the restroom in a clean and orderly
manner. Paper products will be provided by the City.
2. The quality of all cleaning supplies products are subject to approval by the 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.
Item 9.h. - Page 11
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2. Contractor is responsible to collect trash from all restrooms. City trash receptacles or
dumpsters located at City Park facilities are not to be utilized for disposal of restroom
trash.
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,
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.
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EXHIBIT B
PAYMENT SCHEDULE
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EXHIBIT C
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.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designated to protect against acts, errors or
omissions of the Contractor and “Covered Professional Services” as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay
on behalf of” the insured and must include a provision establishing the insurer’s duty to
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defend. The policy retroactive date shall be on or before the effective date of this
agreement.
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 provision 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.
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
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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.
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.
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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.
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.
Item 9.h. - Page 17
Page 16
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.
Item 9.h. - Page 18
Page 17
EXHIBIT D
CITY’S REQUEST FOR PROPOSAL
CITY OF ARROYO GRANDE
DEPARTMENT OF PUBLIC WORKS
1375 Ash Street, Arroyo Grande CA 93420
Telephone: (805) 473-5460 * Fax: (805) 473-5462
NOTICE TO BIDDERS
REQUEST FOR QUOTATIONS
DATE: November 10, 2015
SUBJECT: Arroyo Grande Police Station Janitorial Services
The City of Arroyo Grande is requesting quotes from established Janitorial companies for the
routine Janitorial maintenance of the Arroyo Grande Police Department. The janitorial services
to be provided are detailed in the attached technical specifications. The successful Contractor
will be responsible for providing all necessary equipment, manpower to perform the janitorial
maintenance work as required in the Technical Specifications. It will be expected that the
successful Contractor maintain high standards for quality of work on this project. A City of
Arroyo Grande Public Works employee will be assigned to monitor the successful Contractor in
order to ensure strict compliance with the technical specifications.
BID INFORMATION AND REQUIREMENTS
ALL BIDS MUST BE SUBMITTED ON THE ATTACHED QUOTATION FORM IN A
SEALED ENVELOPE MARKED: Arroyo Grande Police Station Janitorial Services.
FAXED QUOTES WILL NOT BE ACCEPTED.
BIDS MUST BE RECEIVED ON OR BEFORE THE BID DUE DATE AND TIME AT City of
Arroyo Grande, Attn: City Clerk, 300 East Branch Street, Arroyo Grande, CA 93420
CONTRACTOR MUST POSSESS THE APPROPRIATE LICENSES, AN ARROYO
GRANDE BUSINESS LICENSE AND PROVIDE PROOF OF INSURANCE AT THE TIME
OF AWARD OF CONTRACT.
Item 9.h. - Page 19
Page 18
A MANDATORY PRE-BID JOB WALK IS SCHEDULED FOR THURSDAY, NOVEMBER
19TH AT 11:00 A.M. AT THE ARROYO GRANDE POLICE STATION LOCATED AT 200 N.
HALCYON RD IN ARROYO RANDE.
CONTRACTOR MUST HAVE PREVIOUS EXPERINCE PROVIDNG JANITORIAL
SERVICES FOR HIGH SECURITY GOVERNMENTAL FACILITIES AND ALL
EMPLOYEES MUST BE PROPERLY SCREENED AND BONDED.
CITY OF ARROYO GRANDE
DUE DATE: December 8, 2015 2:00 p.m. FAXED QUOTES NOT ACCEPTED.
PROJECT: Arroyo Grande Police Station Janitorial Services
The undersigned hereby proposes to perform all work for which a contract may be
awarded and to furnish any and all labor, services, material, tools, equipment, supplies,
transportation, and all other items necessary therefore as provided in the Contract
Documents, and to do everything required as specifically set forth in documents entitled:
Arroyo Grande Police Station Janitorial Services
It is also understood and agreed that:
1. The undersigned has carefully examined all the Contract Documents,
including the Quotation Form, Technical Specifications, Facility Inventories
and the Sample City Standard Agreement, copies of which are attached to
this Request for Quotation.
2. The undersigned has, by examination of the various work sites, satisfied
itself as to the nature and location of the Work and has fully informed itself as to all
conditions and matters which can in any way affect the Work or the cost thereof.
3. The undersigned fully understands the Technical Specifications and has
checked carefully all words and figures inserted in its Quotation and
further understands that the City will in no way be responsible for any
errors or omissions in the preparations of the Quotation.
4. In conformance with the current statutory requirements of Section 1860 et.
seq. of the Labor Code of the State of California, the undersigned confirms
the following as his or her certification:
"I am aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for worker's compensation or to
undertake self insurance in accordance with the provisions before commencing the
performance of the work of this Contract."
Item 9.h. - Page 20
Page 19
5. The undersigned will execute the Agreement without modification and
furnish proof of the specified insurance coverage at the time of Award of
Contract.
6. The undersigned are hereby notified that, pursuant to Section 1770, et.
seq. of the Labor Code of the State of California, the Director of Industrial
Relations of the State of California has ascertained the general prevailing
rate of hourly wages and rates for legal holidays and overtime work in the
locality where this work is to be performed for each craft or type of worker
or mechanic needed to execute the Contract which will be awarded to the
successful Bidder. An up-to-date rate schedule can be obtained by
contacting the Department of Industrial Relations, Division of Labor
Statistics and Research, 455 Golden Gate Avenue, 5th Floor, Room 5184,
San Francisco, CA 94102.
7. The undersigned understands that the City of Arroyo Grande is required to
verify the successful contractor’s City Business License before awarding
the project. Failure of Contractor to be properly licensed upon submission
of a quotation may cause the quote to be rejected.
8. The undersigned shall be responsible to call the City of Arroyo Grande
Public Works Office at 805-473-5460, 72 hours prior to the bid opening
date to confirm the receipt of any Addendum related to this Request for
Quotations.
9. Mark the sealed envelope:
“Arroyo Grande Police Station Janitorial Services”
Return to: City of Arroyo Grande, City Clerk’s Office,
300 E. Branch Street, Arroyo Grande, CA 93420
For questions regarding the technical specifications, please call Ron Simpson,
Public Works Supervisor at (805) 473-5488
BY: ________________________________________ DATE: ___________
Kelly Wetmore, City Clerk
Item 9.h. - Page 21
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QUOTATION SUMMARY FORM - TOTAL BID AMOUNT AND BIDDER INFORMATION
(Complete and submit with all other required bid forms by the bid due date. Incomplete forms will not be accepted)
Arroyo Grande Police Station Janitorial Services
BIDDER INFORMATION AND BUSINESS LICENSE VERIFICIATION
Business Name: _________________________________________________
Mailing Address: _________________________________________________
_________________________________________________
Phone Number: _________________________________________________
Arroyo Grande Business License Number:
_________________________________
FACILITIES TO BE MAINTAINED PER
ATTACHED TECHNICAL SPECIFICATIONS
WEEKLY
FREQUENCY
WEEKLY
PRICE
MONTHLY TOTAL COST
(multiply weekly
price by 4.3)
Arroyo Grande Police Department x 2 Mon & Thurs.
TOTAL MONTHLY BID AMOUNT*
(For Low Bid Determination) NA NA
Signature of Bidder: ____________________________________ Date:
____________
Print Name: __________________________________________ Position:
_________________
BIDS DUE: December 8, 2015 2:00 p.m FAXED QUOTES NOT
ACCEPTED
REURN TO: City of Arroyo Grande
City Clerk’s Office
300 E. Branch Street
Arroyo Grande, CA 93420
Item 9.h. - Page 22
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EXHIBIT E
CONTRACTOR’S PROPOSAL
Item 9.h. - Page 23
ATTACHMENT 1
Item 9.h. - Page 24