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HomeMy WebLinkAbout4.9 Janitorial Servicesor 19 82 /ii � 111 DATE: TO: FROM: STAFF REPORT CITY COUNCIL April 16, 2013 Honorable Mayor and City Councilmembers Joni Pattillo City Manager""' CITY CLERK File #600 -30 SUBJECT: First Amendment to Agreement with Tri- Valley Janitorial Service and Supply for Janitorial Services Prepared by Nicole Gonzales, Administrative Analyst 11 EXECUTIVE SUMMARY: The City entered into a three -year Agreement with Tri - Valley Janitorial Services and Supply on September 6, 2011. The building inspectors' trailers located in eastern Dublin were included in the scope of janitorial services. Due to the age and need for extensive repair of the trailers, the building inspectors have been moved to a location at the Civic Center and the existing eastern Dublin trailers will be disposed of this month. The amendment would remove the building inspectors' trailers from the Agreement. FINANCIAL IMPACT: The removal of janitorial service at the building inspectors' trailers would result in an annual savings of $1,860.00 to the Building Maintenance Operating budget. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Approving First Amendment to Janitorial Services Agreement between the City of Dublin and Tri - Valley Janitorial Service and Supply. Submitted By City Engineer DESCRIPTION: �?14 Reviewed By Assistant City Manager The current three -year janitorial services Agreement was approved by the City Council on September 6, 2011 (Attachment 1) The building inspectors' trailers located in eastern Dublin are included in the current scope of service under the janitorial services agreement. In March 2013, the building inspectors were relocated to a trailer in the Police parking lot of the Civic Center. The new centralized location allows for quick response to both ends of the City. Page 1 of 2 ITEM NO. 4.9 Crime Prevention was previously working in the trailer at the Civic Center and has been moved into the Police offices. The eastern Dublin trailers have exceeded their service life expectancy and are in need of extensive and costly repairs. Instead of repairing the eastern Dublin trailers, the trailers will be disposed of in April. The building inspectors' trailers in eastern Dublin were serviced by Tri- Valley Janitorial and Supply twice a week, at a rate of $155 per month. A resolution approving the First Amendment to the Agreement (Attachment 2 with Exhibits) is necessary to remove the building inspectors' trailers from the janitorial services agreement. NOTICING REQUIREMENTS /PUBLIC OUTREACH: No public notification required. ATTACHMENTS: 1. Tri - Valley Janitorial Agreement 2. Resolution Approving First Amendment to Agreement 3. Exhibit A to the Resolution 4. Exhibit A to the First Amendment to Agreement 5. Exhibit B to the First Amendment to Agreement Page 2 of 2 Janitorial Services CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND TRI- VALLEY JANITORIAL SERVICE AND SUPPLY THIS AGREEMENT for consulting services is made by and between the City of Dublin ( "City ") and Tri- Valley Janitorial Service and Supply ( "Consultant ") as of October 1, 2011. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A and its Attachments 1 through 10 at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2014, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A and its Attachments 1 through 10 prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first -class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Consulting Services Agreement between September 6, 2011 City of Dublin and Tri - Valley Janitorial Service and Supply Page 1 of 52 Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed the per month fees as set forth in Exhibit B, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and /or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: • Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • The beginning and ending dates of the billing period; • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; • At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; • The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; • The Consultant's signature. Consulting Services Agreement between - September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 2 of 52 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 .Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule: 2.6 Reimbursable Expenses. Consultant shall not be eligible for reimbursable expenses. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Consulting Services Agreement between September 6, 2011 City of Dublin and Td- Valley Janitorial Service and Supply Page 3 of 52 Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long- distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of-such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self- insurance complies fully with the provisions of the California Labor Code. Determination of whether a self- insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 4 of 52 An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include. but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or 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. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ( "any auto "). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 5 of 52 operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. C. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self - insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered, by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1;000,000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible or self- insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall 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. 4.3.3 The policy must contain a cross liability or severability of interest clause. Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 6 of 52 4.3.4 The following provisions shall apply if the professional liability coverages are written on a claims -made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. C. If coverage is canceled or not renewed and it is not replaced with another claims -made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.4.3 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. Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 7 of 52 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self- Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self- insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self- insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: ■ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ■ Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and /or ■ Terminate this Agreement. Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 8 of 52 Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and /or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 9 of 52 waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and /or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the.basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 10 of 52 Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant-for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 11 of 52 Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant. pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS, 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 12 of 52 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and /or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may'set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 13 of 52 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Nicole Gonzales, Administrative Analyst ( "Contract Administrator "). All correspondence shall be directed to or through the Contract Administrator or his or her designee. Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 14 of 52 10.10 Notices. Any written notice to Consultant shall be sent to: Any written notice to City shall be sent to: Nicole Gonzales City of Dublin Public Works 100 Civic Plaza Dublin, CA 94568 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped /sealed and signed by the licensed professional responsible for the report/design preparation. The stamp /seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, and its Attachments 1 through 10, and (2) the Compensation Schedule attached hereto and incorporated herein as Exhibit B, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF DUBLIN &P�attillo, City Manager Attest: Caroline Soto, City Clerk Approved as to Form: C' Attorney SULTA Z , TIT E]� . Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 15 of 52 EXHIBIT A SCOPE OF SERVICES SECTION 1 — GENERAL SERVICE PROVISIONS A. Work Schedule - Janitorial services shall be provided up to seven (7) days per week at the time specified for each location. General cleaning shall be performed between the hours of 5:00 PM and 5:00 AM. The available time schedules for individual facilities are set forth in Attachments 1 through 9 of this Exhibit A. The City reserves the right, with one (1) week's advance notice, to change schedules. Contractor shall provide twenty -four (24) hour emergency response, if requested, and shall respond to City within four (4) hours of request for emergency services. Contractor shall provide a specific monthly schedule of all monthly, quarterly and semiannual services by building, giving specific dates. The schedule for the first two (2) months shall be provided at least (5) days prior to the first day of the Agreement term as set forth in Section 1.1. The schedule for the third month, and all subsequent months, shall be provided with each monthly invoice, and the invoices will not be paid if not accompanied by 'a cleaning schedule. Such monthly, quarterly and annual cleaning services shall be provided on the day stated on the monthly cleaning schedule; and if such work requires more than one (1) day to conclude, Contractor must complete the work on successive days. Contractor may request a change to this cleaning schedule with seven (7) days' advance notice. B. . Holidays - The following twelve (12) days are City holidays on which Contractor may need to provide service. All City facilities are dynamic due to their programmed use; and some locations will require service on holidays, as provided below. Independence Day Labor Day Veterans Day Thanksgiving Day after Thanksgiving Christmas Eve Christmas Day New Year's Eve New Year's Day Martin Luther King, Jr.'s Birthday Presidents Day Memorial Day Buildings that may require service during holidays are listed below. The Contract Administrator or Facility Manager will provide a schedule of which buildings will require holiday service thirty (30) days' prior to each holiday. • Civic Center /Police Wing (Operates 24 hours/7 days per week) • Public Library (Possible holiday services) Consulting Services Agreement between City of Dublin and Tri- Valley Janitorial Service and Supply September 6, 2011 Page 16 of 52 • Senior Center (Possible holiday services) • Shannon Community Center (Possible holiday service) • Dublin Heritage Center • Dublin Swim Center Emerald Glen Preschool • East Inspection trailer • Dublin Heritage Park and Museum C. Supplies and Equipment Contractor shall furnish and keep in good working order all necessary tools, equipment and supplies, including, but not limited to, waxes, soaps, cleaners, mops, brooms, buffers, ladders, hoses, vacuum cleaners, etc. The Contract Administrator, Facility Manager, or his /her designee, must approve all supplies and /or equipment prior to their use under this Agreement. Any non - complying equipment or supplies shall be changed out immediately at the request of the Contract Administrator, Facility Manager or his /her designee. Janitorial closets located in City facilities may be used by Contractor and shall be kept clean and free of debris and odor at all times. All supplies and equipment stored in any City janitorial closet shall be stored in a neat and orderly manner and in such a way as to prevent injury. to City staff, the public, or Contractor's employees. Contractor's on -site supervisor shall maintain an equipment inventory, and a copy shall be given to the Facility Manager's designee, upon request. Unless otherwise agreed by the City in writing, cleaning products shall meet the appropriate Green Seal Standard for that type of product; e.g., GS -37, GS-4O, etc. Further information regarding environmental or Green Seal products can be found at http:// www.g reensea1 .org /fiindaproduct/index.cfm. 2. The City shall provide the following products for Contractor to use at City locations: toilet paper; paper towels; toilet seat covers; trash can liners; liquid hand soap; and feminine sanitary supplies. City shall also provide at its expense all utilities, including lights, power and water. Contractor shall stock and refill all restroom dispensers, as outlined in the applicable section(s) of this Exhibit A, (Janitorial Cleaning Specifications — Master List, #9 Restrooms, Locker Rooms, Dressing Rooms and Showers. D. Supervision Contractor shall provide a supervisor or lead custodian who shall be present during all scheduled cleaning hours and special work assignments at a City facility. This individual shall speak, read, write, and understand English. All direction given to Contractor's supervisor shall be as binding as if given to Contractor. Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 17 of 52 2. Monthly janitorial supervisor's reports shall be prepared and submitted to Contract Administrator, Facility Manager, or his /her designee, noting any building deficiencies needing correction. 3. While performing work under this Agreement, Contractor's supervisor shall carry a cell phone and pager by which City staff shall be able to communicate with him /her. Other janitorial staff, at a minimum, should carry pagers and may use City phones to respond to work - related issues. 4. Contractor shall provide a list of all Contractors' staff assigned to each work site. The list shall include name, address, and driver's license number and the employee's work schedule and assignment. At Contractor's expense, all of Contractor's employees shall have taken and satisfactorily passed background screening for drug and alcohol use. 5. Contractor's employees, including supervisors and managers, and employees performing regular service, fill -in work for absences, or any subcontract staff, who enter the Police Wing of the Civic Center, 100 Civic Plaza, shall have satisfactorily passed a background investigation through Dublin Police Services. The background check includes Live Scan processing. Contractor shall be responsible for paying the Department of Justice fee for the Live.Scan, processing (at this time, approximately $100 per person). The City will absorb the staff time cost involved in running the Live Scan equipment. Contractor is responsible for scheduling these background checks prior to any of its employees working in the Police Wing. The background checks must be performed at least two weeks (14 days) prior to the employee entering the facility. E. Training - Contractor shall provide ongoing documented training programs for all of Contractor's staff. Training programs shall include, but are not limited to, quality standards, task definitions, IIPP plans (Injury and Illness Prevention Program), MSDS sheets (Material Safety Data Sheets), Cal -OSHA (California Occupational Health and Safety) regulations and all other applicable safety regulations. Contractor shall provide to the Contract Administrator, or his /her designee prior to beginning work, and annually thereafter (provided to City with the twelfth (12th) invoice of each year), a report showing the training provided for the janitorial staff working in City buildings. F. Employee Conduct - Employees of Contractor, while performing work under This Agreement, SHALL NOT: 1. Be accompanied in their work area by acquaintances, family members, assistants, or any other person unless such person is an on -duty authorized Contractor employee. 2. Remove any City property, or property, equipment, monies, forms or any Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 18 of 52 other item belonging to an employee of the City, from City facilities. 3. Engage in horseplay or loud boisterous behavior. 4. Be under the influence of alcohol or drugs. 5. Gamble. 6. Smoke in any building. 7. Turn on or use any electronic equipment (computers, typewriters, radios, etc.) other than those supplied by Contractor. 8. Use any City telephone except those designated by the Contract Administrator, Facility Manager, or his /her designee, for the performance of services under this Agreement. 9. Open any desk, file cabinet or storage cabinet. 10. Remove any article from desks. 11. Consume any food or beverage other than that brought with or purchased by the employee. 12. Consume any food or beverage in any area NOT designated as a break or lunchroom. 13. Engage in non - work - related conversations with City employees or visitors. 14. Come to work late or leave work early. G. Employee Removal - Contractor shall remove from service on City premises any employee of Contractor who, in the opinion of the Contract Administrator, Facility Manager, or his /her designee, is not performing the services in a proper manner or who is incompetent, disorderly, abusive, dangerous, insubordinate, disruptive, who does not comply with rules and regulations of the City, or is otherwise objectionable. Contractor shall in no way interpret such removal to require dismissal of or other disciplinary action against the employee; and such removal shall not be the basis of any claim for compensation or damages against the City or any of its officers, employees or agents as to the performance of the work. Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 19 of 52 H. Employee Appearance and Identification- Contractor's personnel shall present a neat appearance and be easily recognized as Contractor employees. Contractor shall provide each employee with an identification badge and uniform. The badge shall include the employee's photograph and name, an employee number and Contractor's name. The identification badge shall be displayed on the front of the employee's uniform at all times. Contractor accepts and understands that any employee who fails to meet this requirement may be asked to leave City property. Should this occur, the City will not compensate the Contractor or Contractor's employees for lost time. It is expressly understood that Contractor is responsible for ensuring that all of its employees possess and carry valid photo - identification at all times on City property. Contractor's employees shall be wearing their uniforms and identification badges prior to entering any City building, and uniforms and badges shall be worn at all times while working in a City facility. The uniform; at a minimum, shall be a uniform shirt to which Contractor's business name and /or logo have been affixed. I. Employee Qualifications Contractor's employees shall be at least eighteen (18) years of age and thoroughly trained and qualified in the work assigned to them. Contractor's employees shall be able to follow directions and shall be physically capable of performing the duties assigned to them, including lifting /moving heavy items, climbing ladders, etc. J. Reporting and Inspections Building Control Log: Contractor's supervisor or lead custodian shall be responsible for maintaining building control logs. Contractor's employees shall be responsible for signing in and out daily on the log. Further, Contractor's employees who provide special cleaning services are also required to sign in and out for services provided. The building control logs shall be the focal point for communication between the Contractor and the City and for sharing work - related comments and issues. 2. Status Reports: If and when unusual circumstances arise, a report shall be given to the Contract Administrator, Facility Manager, or his /her designee, the day of the occurrence. Examples of unusual circumstances include, but are not limited to, the observance of suspicious persons around a City facility and the discovery of inoperable lighting in a City facility. 3. Regular Inspections: Contractor's account manager and supervisor shall meet with Facility Management representatives quarterly to ensure compliance with contract specifications and shall initiate meetings, as needed, to review work sites and resolve problems. 4. Timely Billing: Contractor shall provide special cleaning service invoices within fourteen (14) days of the services being provided. City shall be Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 20 of 52 under no obligation to pay any invoice which is submitted to Contract Administrator more than thirty (30) days beyond completion of special cleaning services. K. Work Performance - Contractor shall adhere to the highest quality standards of the janitorial profession and the City's cleaning standards as communicated by the Facilities Management Superintendent, or his designee, and set forth in this Agreement. Contractor shall immediately verbally notify the Facilities Management Superintendent, or his designee, of any occurrence or condition that interferes with its ability to be in full compliance with Agreement requirements and shall confirm such verbal notification in writing within 24 hours. L. Special Assignments - City may request janitorial services for special events not covered in the scope of services under this agreement and outside the normal scheduled cleaning hours as outlined herein. City may request these special services up to, but not later than, forty -eight (48) hours prior to the event. If the required services are outside Contractor's normal cleaning schedule, payment shall be made on the basis of the hourly rate and, if applicable, minimum number of hours as set forth in Exhibit B. M. Emergency Work - "Emergency work" is defined as any work beyond the general routine janitorial work required by this agreement. Emergency work shall require a shortened Contractor response time of between two (2) and four (4) hours, depending upon the nature of said work. Contractor shall have sufficient labor and call -out procedures to ensure that staffing is available for this type of unplanned requirement. The City of Dublin will work closely with Contractor to develop a procedure for reacting to emergency situations. Compensation for "Emergency Work" shall be in accordance with the hourly rate for Special Assignments as described above. N. Storage - Contractor may use City janitorial closets, if available; and if utilized, Contractor shall keep this space in a neat, clean, odor free, and orderly condition. The City will not be responsible in any way for damage to or loss of Contractor's stored supplies and /or equipment or for Contractor's employees' personal belongings stored in any City janitorial closets. As noted in Section 3 of the Agreement, if janitorial closets are not available, Contractor shall store its supplies and equipment in its own facility or company vehicles. O. Security - Contractor shall be required to have available the keys provided by the City at all times while providing service to the City. All doors shall be unlocked and locked in such manner and at such times as required by each building's specifications. Contractor shall be responsible for ensuring that all doors are closed and locked during its performance of janitorial duties. Lost keys or security card -keys shall be immediately reported to the Facilities Management Superintendent, or his designee, and charged to Contractor at the rate of $50.00 Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 21 of 52 per key or security card -key. In addition, Contractor shall reimburse City for all costs associated with re- keying any or all locks necessitated by lost keys in his /her control. Contractor's employees shall NOT set off, or fail to reset, a building alarm, as instructed. Such false alarms or failure to reset an alarm shall cause the City to incur damages, and Contractor shall be charged liquidated damages of One Hundred Fifty Dollars ($150) per event. Contractor's employees shall not operate for personal use any City computers, fax machines, telephones, television sets and /or copiers while performing services under this contract. Contractor shall be financially responsible for any loss, damages, or accrued charges for any unauthorized usage of City equipment. P. Care of Facilities - Contractor's employees shall regularly observe the general condition of all building areas and report problem areas to Contractor's supervisor or lead custodian. Contractor shall be responsible for knowledge of and use of all fire alarms and fire prevention equipment. In case of emergency, Contractor's employees shall notify the Emergency Services by dialing 911 and shall then call or page the Contract Administrator, Facility Manager, or his /her designee, immediately. For non - emergency repairs, Contractor shall report all required non - emergency repairs by contacting the Contract Administrator, Facility Manager, or his /her designee. Q. Energy Conservation: Unless otherwise specified by Contract Administrator or Facility Manager, lights are to be turned off in facilities when janitorial staff is finished working for the evening. R. Graffiti - Contractor shall immediately remove all graffiti from all surfaces found inside any of the buildings after consulting with the Contract Administrator, Facility Manager, or his /her designee, for removal methodology. Graffiti noticed on the outside of any building shall be reported to Contract Administrator, Facility Manager, or his /her designee. Section 2 — Required Services The services to be provided under this Agreement are listed in this Section 2 of Exhibit A. In some instances, services may differ among the various facilities. The following buildings are included in this agreement: • Civic Center, 100 Civic Plaza (Includes both City Hall and Police Wings and portable building in parking lot) • East Building Inspection Trailer, 2851 Central Parkway Library 200 Civic Plaza (Community Room, lobby, main restrooms, and City staff offices only), • Senior Center, 7600 Amador Valley Boulevard • Shannon Community Center, 11600 Shannon Avenue • Emerald Glen Preschool, 4201 Central Parkway Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 22 of 52 Heritage Center, 6600 Donlon Way (Museum Schoolhouse and Church) Heritage Park & Museum, 11825 Dublin Boulevard Swim Center, 8157 Village Parkway (seasonal) Following is a master list of services required under this Agreement. Not all services are required at all buildings; a specific breakdown is provided for each facility in Attachments 1through 10 to this Exhibit A. 1. Flooring a. Vinyl, linoleum, or concrete floors (sweep) — Sweep with an anti - dust mop. b. Vinyl, linoleum, or concrete floors (damp or wet mop) — Use warm water with good quality cleaner that leaves no visible or sticky cleaner residue, when dry. Remove all scuff and surface marks. Rinse, if necessary, with clear warm water, and clean mop. Wipe any and all baseboards free of moisture and dirt. Protect all wall surfaces. Buff all tile floors, as required. c. Vinyl and linoleum (clean and wax floors — traffic areas) — Dust entire floor and corners with treated mop. Damp mop and remove any spot or stains. Allow flooring to dry completely. Apply wax in traffic areas only, feathering out to corners. Corners shall be waxed only as part of complete stripping process (see d below). d. Vinyl and linoleum (strip) — Strip completely and wax, including corners. e. Stone, marble, .slate, granite, ceramic tile, travertine, terrazzo floors, stairs (sweep) — Sweep surfaces. f. Stone, marble, slate, granite, ceramic tile, travertine, terrazzo floors, stairs (damp mop) — Use a dedicated mop and good - quality cleaner recommended for marble, slate, granite, ceramics and travertine. The floors shall be free of dust, dirt, cleaning material residue, streaks, mop strands, grease, and spills and thoroughly maintained to present an acceptable gloss. Protect all walls from splashing and wipe off any moisture or chemicals from all baseboards. Polish wood molding, if necessary, to prevent moisture damage. g. Stone, marble, slate, granite, ceramic tile, travertine floors, stairs (strip, seal) — Apply stripping solution. Machine scrub (conventional machine) and wet vacuum stripping. This shall be followed by an application of a neutralizer rinse, followed by a damp mopping with clear water. When floor is dry, apply finish or sealer. Protect all wall finishes and wipe down all baseboards to be free of moisture and residue. Polish, as needed. h. Stone, marble, slate, granite, ceramic tile, travertine floors, stairs (refinishing) — Refinish as follows: Use a conventional (buffer) machine with a 3M blue cleaning pad and a trigger spray Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 23 of 52 bottle with clean water to buff. Let floor dry. Follow with a dust mopping and then a damp mopping. Let floor dry. Apply two (2) coats of floor finish. Be sure floor is thoroughly dry between coats. Within 24 hours of last application of finish, burnish with a high- speed buffing machine (1,100 rpm). Swim Center Blue Resilient Rubber Flooring - Use warm water with good quality disinfectant cleaner that leaves no visible or sticky cleaner residue, when dry. Apply with brush, and rinse with clear warm water. Use wet vacuum to remove excess water. Wipe any and all baseboards free of moisture and dirt. Protect all wall surfaces. 2. Hardwood Floors and Carpeting a. Hardwood floors for gymnasiums, ballrooms or dance floors (dust mopping) — Use a dedicated dust mop on hardwood floors with "Super Hil -Tone Dust" mop treatment, manufactured by Hillard (or equivalent). The mop shall be treated per manufacturer's instructions. b. Hardwood floor surfaces (wet mopping) — Use a dedicated wet mop with Hillard Super Shine All Cleaner (or equivalent; specific products required for Senior Center bamboo wood flooring and floor machine at Stager Gym). At the Gym mopping is done with a floor cleaning machine that uses a foam cleaner solution. Remove all scuff and surface marks. Follow directions on label. NOTE — DO NOT USE the same mop for damp mopping and for applying the finish! c. Carpet and mats (vacuum traffic areas) — These areas include main entries and all doors, elevator lobbies, elevators, areas where food is available, main corridors in buildings and open landscaped areas. Vacuum traffic areas. Move all chairs, trashcans and other easily removed items, and vacuum underneath. Hand wipe baseboards. d. Carpet and mats (vacuum all areas, including edges and corners) — Vacuum with an industrial- powered vacuum cleaner and inspect for spots. Remove spots, following the manufacturer's recommendations completely, with an approved industrial -grade spot remover that leaves no visible residue. Report to the Facilities Management Superintendent, or his designee, all tears, burns, unraveling or other damage. Move all chairs, trash cans and other easily removed items and vacuum underneath. Hand wipe baseboards. e. Carpet spot cleaning and spot removal — Perform, as necessary. f. Graffiti (remove all marks and writing) - Remove from all interior Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 24 of 52 surfaces (doors and walls). If unable to remove graffiti, call Public Works at 925 - 833 -6630 and leave a message. Leave caller's name, location of the building, floor and area where the graffiti is located. g. Walls, doors and molding (spot clean) — On a regular basis, inspect all walls, doors and moldings; and remove any and all fingerprints, smudges, dirt or accumulations from these areas, as required. 3. Doors and Entrances a. Doors and entrances (clean and polish) — Clean and polish interior and exterior surfaces to a height of 8', removing any and all fingerprints, smudges, dirt, cobwebs, insects, grease, oils or accumulations from these areas. On a regular basis, inspect all doors and entrances; and clean doors and entrances across the entire width of the entrance front, as required. b. Drinking Fountains — Clean, disinfect and polish. c. Public Telephones (clean and disinfect) — Clean and disinfect all public telephones and enclosure walls. Remove all graffiti from phones and surrounding area. If unable to remove graffiti, contact Public Works at 925 - 833 -6630 and give location and phone number. 4. Glass and Windows a. Glass and windows — On a regular basis, inspect all glass and frames and remove any and all fingerprints, smudges, dirt, cobwebs, insects, grease, oils or accumulations from these areas to a height of 8 feet, as required. When glass is part of an entrance area, clean across the entire width of the entrance front, if required. Clean picture glass and mirrors as needed to remove fingerprints, smudges, and any other dirt or material, to leave a clean appearance. 5. Dustin a. Dusting - Remove all accumulated dust, dirt, debris and cobwebs from all surfaces, corners, shelving crevices, office desks, bookcases, tables, partition tops, window ledges and baseboards. Use treated mops and cloths to help prevent the redistribution of same into the air. Desktops shall be dusted only if papers have been removed. b. Dusting (high dusting) — Remove all accumulated dust, dirt and debris from the surfaces, corners, crevices, light fixtures, partition tops, window ledges, door frames, jambs, and blinds. Use treated mops and cloths to help prevent the redistribution of same in the air. Blind slats shall be individually cleaned. Remove cobwebs Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 25 of 52 inside rooms, corners and ceilings. Clean HVAC vents and ceiling tiles. c. Wastebaskets— Empty wastebaskets and replace liners. Empty recycling containers in individual offices and common areas. Material from recycling containers shall be kept separate from other trash and placed in appropriate bins. Remove all other boxes, cardboard and containers which are designated as "trash" and place in the designated dumpster. Break down all cardboard boxes before discarding in dumpster. Large recycling bins inside facilities (for example, in the Civic Center mail room and lunchroom) may be emptied by others; contractor should verify with the facility manager for each facility where trash and recyclable material is to be taken. d. Waste basket/trash containers (wash and disinfect) — Clean and disinfect all wastebaskets and trash containers in all interior and exterior locations. e. Artificial Plants — Clean to remove dust and other debris 6. Elevators a. Elevator (clean and polish) — Remove all finger and handprints, grease, oils, smudges or marks. Polish interior walls, ceilings, and doors inside and outside. Vacuum carpet and elevator door tracks. Spot clean carpet or flooring, as necessary, to remove stains and odors. 7. Stairwells, Exterior and Interior a. Staircases, balustrades and railings (dust and wipe) — Dust and wipe all staircase areas, including all railings and areas around and underneath stairs. Vacuum carpeted areas, and spot clean carpet. b. Stairwells — Sweep, damp mop and spot clean. 8. Offices a. Wooden furniture (clean and polish) — Clean and polish all wooden furniture with approved polish. Do not disturb any paperwork on desks, tables and files. b. Formica and metal desks (clean all) — Clean all tables, stands, chairs, filing cabinets, locker tops and fronts. Do not disturb paperwork. c. Wood fixtures (polish) — Polish all wooden walls, doors, handrails and all accents. d. White boards and pen rails (clean) — Wash and clean (only if boards are erased). e. Fabric or carpeted wall coverings (dust and /or vacuum, spot clean) — With a soft brush, dust all fabric and /or carpeted walls to maintain a neat and clean appearance. Vacuum all areas where a traffic pattern is evident. Spot clean areas per manufacturer's Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 26 of 52 specifications for wall covering. Damp wipe vinyl. Cloth fabrics require chemical cleaner to remove spots. f. Light switches (clean and disinfect) — Use a damp cloth to remove all smudges, fingerprints and dirt. Apply disinfectant. g. Light fixtures (clean all) — Dust all with treated cloth. Vacuum and damp wipe, if necessary, to remove all accumulated dust and dirt. h. HVAC vents and diffusers (clean all) — Vacuum and clean with disinfectant. Vacuum adjacent ceiling tiles and areas. 9. Restrooms, Locker Rooms, Dressing Rooms and Showers a. Restrooms (clean, disinfect, restock supplies) — Clean and disinfect all urinals, toilets, partitions and plumbing. Damp mop floors with disinfectant. Clean and polish chrome and stainless fixtures. Clean, disinfect and deodorize interior and exterior of sanitary napkin depositories. Replace disposal bags and plastic trash liners. Clean mirrors to be streak -free. Install disinfectant in floor drains and deodorizers in urinals. Fill all dispensers (soap, toilet paper, seat covers, paper towels, sanitary supplies and deodorizers). Inspect lighting for satisfactory operation. Report to the Facilities Management Superintendent, or his designee, all lights that are not working properly. b. Showers (clean, disinfect) — Clean and disinfect all walls, floors and curtains. Entire area shall be free of soap scum, fungi, hair, urine deposits and unpleasant odors. Floors and tiled areas shall be free of streaks and mildew. c. Locker rooms or dressing rooms - Install disinfectant in floor drains. Disinfect HVAC vents, and clean mirrors to be streak -free. Wax floors to maintain original appearance. Vacuum all carpet areas, and remove all stains. Clean and disinfect lockers inside and outside, if unlocked. Do not disturb personal belongings. 10. Kitchen or Coffee Bar Areas a. Kitchen /breakroom floors (degrease and disinfect) — Mop all kitchen floors with disinfectant. Refinish, if necessary, to maintain original appearance. b. Kitchen /breakroom /coffee bar sinks, counters and appliances (wash and disinfect) — Include all kitchen tabletops in area and .generally clean up all stainless steel or laminate surfaces. c. Cabinets, sinks and appliances (degrease, disinfect and polish) — Specific to facilities with "working cooking kitchens." Includes refrigerators, stoves, stove hoods, ovens, griddles, dishwashers, microwaves and all stainless steel. d. Kitchen Vent Hoods Over Stoves — Degrease, clean and polish. e. Kitchen Anti Fatigue Mats — Degrease, disinfect, rinse and dry. Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 27 of 52 Kitchen Floor Drains — Degrease and clean the floor drains / catch basins in kitchen floor. 11. Special Areas a. Bleachers (clean all surfaces) — Clean all areas around and under bleachers. Damp mop bleacher seats. b. Jail area (clean and disinfect) — Clean and disinfect (when accessible) all walls, floors, ceilings and fixtures. c. Janitorial closets (clean and stock) — Clean, organize, stock and keep odor -free. If any chemicals are stored here, maintain a binder of all Material Safety Data Sheets (MSDS) and keep in each closet. d. Exercise rooms — Wipe down, clean, deodorize and disinfect all exercise apparatus and mats. Remove and replace mats in same locations to ensure proper fit. e. Personal computers — Dust with anti - static cloth. f. City refrigerators — Clean as specified for individual facilities. g. Venetian blinds — Dust and damp wipe blinds with a treated cloth to prevent redistribution of dust into the air. h. Vending machines — Clean vending machine surfaces and sweep or dust mop under the machines. i. Bleachers (sweep and pick up litter) — Sweep and pickup litter on, around and under bleachers. Section 3 — General Provisions A. Liquidated Damages When Contractor fails to perform, as specified, the services required in this agreement, the City will have been damaged by that lack of performance. Since it is difficult to define the amount of damage caused, Contractor shall agree to the following liquidated damages: If trained personnel do not report to provide the services required by this Agreement, the City will incur damages; and liquidated damages of One Hundred Fifty and no /100 Dollars ($150.00) per occurrence will be deducted from payments due the Contractor. Contractor will be notified of the assessment of liquidated damages by telephone or FAX within twenty - four (24) hours of failure to report. 2. If Contractor fails to perform under the terms of this Agreement, the City will incur damage. Contractor will be notified by telephone or FAX within twenty -four (24) hours of the failure to perform, and performance shall be required within twenty -four (24) hours after receipt of such notice. If the performance failure is not corrected within twenty -four (24) hours of receipt of notice, the City will incur damages; and liquidated damages of Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 28 of 52 One Hundred Fifty and no /100 Dollars ($150.00) per occurrence will be deducted from payments due the Contractor. 3. Liquidated damages of One Hundred Fifty and no /100 Dollars ($150.00) per occurrence will continue to be deducted from payments due the Contractor until the performance failure is remedied. B. Subcontracting - No portion of the services provided pursuant to this Agreement may be subcontracted or assigned without prior approval of the City of Dublin. Requests to subcontract all or any portion of services required by this Agreement shall be submitted to the City's Contract Administrator, or his /her designee, at least thirty (30) days in advance of the proposed effective date of the subcontract. Contractor shall include in this written request a detailed description of how the Contractor plans to oversee the services performed by the proposed subcontractor. Contractor shall be responsible for services provided by any subcontractor as if Contractor were providing the services with its own organization. Any subcontractor who will provide services inside the Police Facility shall have successfully passed a background check as described above prior to commencing work in that building. Contractor shall bear the expense of any subcontractor background checks. C. Labor Strike - Contractor shall be responsible for its own labor relationships and shall negotiate and be responsible for resolving any and all disputes between itself and its employees or any union representing its employees. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying, will delay, or threatens to delay, the timely performance of services under this Agreement, Contractor shall immediately give written notice thereof to the City's Facilities Management Superintendent, or his designee. It shall be the Contractor's responsibility to provide continuous services, without interruption, to all buildings and facilities specified herein throughout the term of the Agreement. In the event of a labor strike, Contractor shall provide the means, at Contractor's cost, to provide continuous services in full compliance with Agreement requirements. Failure to do so will cause the City to take whatever action is necessary to provide the services. If, in doing so, City incurs costs in excess of those that would have been paid to the Contractor for the same services, these excessive costs shall be paid by the Contractor. D. Pricing - All rates and /or prices included in this Agreement are firm and not subject to escalation, except on an annual basis according to the Consumer Price Index as provided in the Agreement. Contractor represents and warrants that all rates and /or prices are at least as low as those currently being quoted by Contractor to commercial or government users for the same work of similar scope under similar circumstances. Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 29 of 52 E. Terms of Pa ment - Payment shall be made within thirty (30) days from the date of receipt of invoice or acceptance of work, whichever occurs last. If City is entitled to a prompt payment discount, the period of computation shall commence on the date of receipt of invoice or acceptance of work by City, whichever occurs last. City shall endeavor to pay each invoice within thirty (30) days, but shall not be responsible to Contractor for additional charges, interest or penalties due to failure to pay within that period. F. Warranty - Contractor warrants that the work performed under this Agreement complies with all specifications and that workmanship is free from defects. If any portion of the work has not been completely described in this Agreement, it shall comply with nationally recognized codes and established industry standards. Contractor agrees that the aforementioned warranties shall be in addition to any warranties provided by law or offered by Contractor. G. Extra or Additional Work - Contractor shall perform no extra or additional work or alter or deviate from the work specified in this Agreement unless agreed in writing by City in advance of performance of the work. Payment for extra or additional work shall be made on the basis of the hourly rate and, if applicable, minimum number of hours as set forth in Exhibit B. H. Force Maiieure - Neither party to the Agreement shall be held responsible for delay or default caused by fire, riot, acts of God, and /or war which is beyond that party's reasonable control. City may terminate the Agreement upon written notice after determining such delay or default will reasonably prevent successful performance of the Agreement. Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 30 of 52 ATTACHMENT 1 City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels Location: Civic Center, City Hall Wing, 100 Civic Plaza Estimated Building Size: 31,800 SF Cleaning Frequency: 5 days per week, Monday — Friday Janitorial Cleaning Hours: 5:00 PM to 5:00 AM* See Section 2 FREQUENCY TASK "Required Services" Vinyl, linoleum, terrazzo, or concrete floors, sweep and /or dust Daily: mop all floors la Carpet and mats - vacuum traffic areas, staircases, and workspaces 2c Carpet spot cleaning and removal - (as necessary) 2e Dusting - all table tops, office desks, and filing cabinets, and other surfaces 5a Dusting - removal of accumulated dust 5a Graffiti - remove all marks and writing (general) Drinking fountains - clean, disinfect and polish 3b Telephones (all phones) - clean and disinfect 3c Wastebaskets - empty and reline 5c Elevators - clean and polish 6a Restrooms - clean, disinfect, and restock supplies 9a Kitchen break -room floors - degrease and disinfect 10a Kitchen break -room sinks & counters - degrease and disinfect 10b Coffee bar sinks and counters — degrease and disinfect 10b Carpet and mats - vacuum all areas, including edges and Weekly: corners 2d Broom sweep receiving /file room concrete floor la Clean and disinfect light switches 8f Wash white boards and pen rails (if erased) 8d BI-Weekly: Clean tile grout Monthly: Vinyl and linoleum - clean and wax floors - traffic areas 1C Dusting - high dusting 5b wooden furniture - clean and polish 8a Formica and metal desks - clean all 8b Wood fixtures - polish 8c enetian blinds - wipe down and clean 11g Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 31 of 52 Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 32 of 52 Quarterly: Vinyl and linoleum - strip completely and wax 1d Wastebasket/trash containers - wash and disinfect 5d Light fixtures - clean all 8g HVAC vents and diffusers - clean all 8h Vending machines — clean machines and sweep /dust mop underneath 11h Artificial plants — Clean to remove dust and other debris 5e Semi - nnually: Strip and wax all hard surface floors: terrazzo, vinyl or linoleum 1d, 1g Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 32 of 52 ATTACHMENT 2 City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels Location: Civic Center, Police Wing, 100 Civic Plaza Estimated Building Size: 21,200 SF (includes auxiliary triple -wide trailer in police parking lot) Cleaning Frequency: 6 days per week, Monday — Saturday Janitorial Cleaning Hours: 4:30 PM to 8:30 PM See Section 2 FREQUENCY TASK "Required Services" Daily: Vinyl, linoleum, or concrete floors, sweep and /or dust mop 1-a all floors Carpet and mats - vacuum traffic areas, staircases, & 2c workspaces Carpet spot cleaning and removal - (as 2g necessary) Dusting - all table tops, office desks, filing cabinets, & other surfaces Graffiti - remove all marks and writing 2h Drinking fountains - clean, disinfect and polish 3b Clean and disinfect telephones 3c Glass and windows (building entrances, lobby areas, etc.) a Dusting - removal of accumulated dust. 5a Wastebaskets - empty and reline 5d Elevators - clean and polish 6a Restrooms - clean, disinfect, and restock supplies 9a Showers and locker rooms - clean and disinfect 9b,c Kitchen break -room floors - degrease and disinfect 11a Kitchen break -room sinks - degrease and disinfect 11b Jail area - clean and disinfect (when accessible) 11b Weekly: Broom sweep sally port concrete floor when accessible 1 b Carpet and mats - vacuum all areas, including edges and corners 2d Walls, doors and molding - remove fingerprints, smudges and dirt 21 Doors & entrances - clean and polish, remove finger prints & smudges 3a Clean stair handrails 7a Wash white boards and pen rails (if erased) 8d Exercise rooms - clean and deodorize 11d Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 33 of 52 Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 34 of 52 inyl and linoleum - clean and wax floors - traffic Monthly: areas 1c Dusting - high dusting 5b Wooden furniture - clean and polish 8a Formica and metal desks - clean all 8b Wood fixtures - polish 8c Fabric or carpeted wall coverings- dust and /or vacuum, spot clean 8e Light switches - clean and disinfect 8f anitorial closets - clean organize, stock and keep order - free 11C Venetian blinds - wipe -down and clean 11g Vending machines — clean machine and sweep /dust mop underneath 11h Quarterly: Vinyl and linoleum - strip completely and wax 1 d Stone, marble, slate, granite, ceramic tile travertine floors, stairs 1 g Wastebasket/trash containers - wash and disinfect 5e Light fixtures - clean all 8g HVAC vents and diffusers - clean all 8h Personal computers - clean with anti - static... 11e Semi- Annually: City refrigerators - breakroom only 11f Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 34 of 52 ATTACHMENT 3 City of Dublin . Scope Levels of Services — Frequency and Task Chart - Standard Service Location: Library, 200 Civic Plaza Estimated Building Size: 3,000 SF (specified areas only) Cleaning Frequency: 6 days per week, Monday — Sunday (except Fridays) Janitorial Cleaning Hours: 11:00 PM to 5:00 AM See Section 2 FREQUENCY TASK "Required Services" Vinyl, linoleum, or concrete floors (sweep and /or dust mop all Daily: floors) la Stone, marble, ceramic, slate (sweep) le Carpet and mats (vacuum traffic areas) 2c Carpet spot cleaning and spot removal 2e Graffiti (remove all marks and writing) 2f Doors and entrances (clean and polish) 3a Drinking fountains (clean, disinfect and polish) 3b Public Telephone (clean and disinfect) 3c Dusting (remove accumulated dust) 5a Wastebaskets (empty and replace liners) 5c Restrooms (clean, disinfect, restock) 9a Kitchen /coffee bar sinks (clean and disinfect) 10b Weekly: Vinyl, linoleum or concrete floors (damp /wet mop) 1 b Stone, marble, ceramic, slate (damp /wet mop) if Carpets and mats (vacuum all areas, including edges and corners 2d Walls, doors and molding (spot clean) 2g Glass and windows (remove fingerprints,' smudges, dirt) a hiteboards and pen rails (clean) 8d Cabinets, sinks and appliances (degrease, disinfect, and polish) 10c Monthly: Dusting - high dusting 5b Wooden furniture - clean and polish 8a Formica and metal desks - clean all 8b Wood fixtures — polish 8c Light switches - clean and disinfect 8f anitorial closets -clean organize, stock and keep odor -free 11c Kitchen vent hoods over microwaves - degrease, 10d Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page. 35 of 52 Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 36 of 52 clean & polish Vinyl and linoleum - clean and wax floors - traffic Quarterly: areas 1c Stone, marble, granite, ceramic tile floors (strip and seal) 1g Wastebasket/trash containers - wash and disinfect 5d Light fixtures - clean all 8g HVAC vents and diffusers - clean all 8h Personal computers - clean with anti - static cleaner 11 e Venetian blinds (dust and damp wipe) 11g Semi- Annually: Vinyl and linoleum - strip completely and wax 1d City refrigerator in office area (clean and disinfect) if Annually: Stone, marble, granite, ceramic tile floors (refinishing) 1 h Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 36 of 52 ATTACHMENT 4 City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels Location: Senior Center, 7600 Amador Valley Boulevard Estimated Building Size: 15,500 SF Cleaning Frequency: 5 days per week, Monday — Friday Janitorial Cleaning Hours: 10:30 PM to 5:00 AM; Weekends as needed following special events See Section 2 FREQUENCY TASK "Required Services" Vinyl, linoleum, or concrete floors (sweep and /or dust mop all Daily: floors) la Stone, marble, ceramic, slate (sweep) Ile Hardwood floor in ballroom (sweep and dust mop on ue/Thu) a Hardwood floor in ballroom (sweep and damp mop on Mon/Wed /Fri) 2b Carpet and mats (vacuum traffic areas) 2c Carpet spot cleaning and spot removal 2e Graffiti (remove all marks and writing) 2f Doors and entrances (clean and polish) 3a Drinking fountains (clean, disinfect and polish) 3b Public Telephone (clean and disinfect) 3c Dusting (remove accumulated dust) 5a Wastebaskets (empty and replace liners) 5c Restrooms (clean, disinfect, restock) 9a Kitchen quarry tile floors (remove mats, degrease, disinfect, replace mats) 10a Kitchen /coffee bar sinks clean and disinfect 10b Weekly: Vinyl, linoleum or concrete floors (damp /wet mop) lb Stone, marble, ceramic, slate (damp /wet mop) if Carpets and mats (vacuum all areas, including edges and . corners 2d Walls, doors and molding (spot clean) 2g Glass and windows (remove fingerprints, smudges, irt) 4a hiteboards and pen rails (clean) 8d Cabinets, sinks and appliances (degrease, disinfect, and polish) 10c Kitchen Anti - Fatigue Mats (degrease and disinfect) (Fridays) 10e Kitchen Floor Drains (degrease and clean) (Fridays) 11 Of Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 37 of.52 Monthly: Dusting - high dusting 5b Wooden furniture - clean and polish 8a Formica and metal desks - clean all 8b Wood fixtures — polish 8c Light switches - clean and disinfect 8f Janitorial closets - clean organize, stock and keep odor -free 11c Kitchen vent hoods over stoves — degrease, clean and polish 11 0d Vinyl and linoleum - clean and wax floors - traffic Quarterly: areas 1c Stone, marble, granite, ceramic tile floors (strip and seal) 1g Wastebasket/trash containers - wash and disinfect 5d Light fixtures - clean all 8g HVAC vents and diffusers - clean all 8h Personal computers - clean with anti - static cleaner 11 e Venetian blinds (dust and damp wipe) 11g Artificial Plants - clean to remove dust 15e Semi - nnually: Vinyl and linoleum - strip completely and wax 1d City refrigerator in office area clean and disinfect if ,Annually: Stone, marble, granite, ceramic tile floors (refinishing) 1 h Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 38 of 52 ATTACHMENT 5 City of Dublin Scope Levels of Services — Frequency and Task Chart — Standard Service Location: Emerald Glen Preschool, 4201A Central Parkway Estimated Building Size: 2,500 SF Cleaning Frequency: 5 days per week, Monday — Friday Janitorial Cleaning Hours: 10:30 PM to 5:00 AM See Section 2 FREQUENCY TASK "Required Services" Daily: Vinyl, linoleum, or concrete floors (sweep and damp, disinfect mop all floors) la Carpet and mats (vacuum traffic areas) 2c Carpet spot cleaning and spot removal 2e Graffiti (remove all marks and writing) 2f Doors and entrances (clean and polish) 3a Dusting (remove accumulated dust) 5a Wastebaskets (empty and replace liners) 5c Restrooms (clean, disinfect, restock) 9a Carpets and mats (vacuum all areas, including edges and Weekly: corners 2d Walls, doors and molding (spot clean) 2g Glass and windows (remove fingerprints, smudges, dirt) a Cabinets, sinks and appliances (degrease, disinfect, and polish) 10c City refrigerators (clean as specified) 11f Formica and metal desks /tables — clean and disinfect all 8b Monthly: Dusting - high dusting 5b Light switches - clean and disinfect 8f Janitorial closets - clean organize, stock and keep odor -free 11c Vinyl and linoleum - clean and wax floors - traffic areas 1c Quarterly: Vinyl and linoleum - strip completely and wax 1 d Wastebasket/trash containers - wash and disinfect 5d Light fixtures - clean all 8g HVAC vents and diffusers - clean all 8h Personal computers - clean with anti - static cleaner 11e Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 39 of 52 mi- �isinfect) ity refrigerator in preschool area (clean and nually: Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 40 of 52 ATTACHMENT 6 City of Dublin Scope Levels of Services — Frequency and Task Chart — Standard Service Location: Dublin Swim Center, 8157 Village Parkway Estimated Building Size: 3,315 SF Cleaning Frequency: February —April, 2 -Days per week, Tue/Thu May, 4 -days per week, Sat/Sun/Tue/Thu June — August, 7 -days per week September — January, No cleaning Janitorial Cleaning Hours: 9:30 PM to 5:00 AM See Section 2 FREQUENCY TASK "Required Services" Snack bar concrete floors (sweep and /or dust mop all floors) Daily: (Jun -Aug) . 1a Spanish tile in office area (damp /wet mop and disinfect) if Blue flooring in lobbies /office (damp /wet mop, disinfect, we vacuum) ii Graffiti (remove all marks and writing) 2f Doors and entrances (clean and polish) 3a Drinking fountains (clean, disinfect and polish) 3b Public Telephone (clean and disinfect) 3c Dusting (remove accumulated dust) 5a Wastebaskets (empty and replace liners) 5c Restrooms (clean, disinfect, wet vacuum, restock) 9a Showers (clean and disinfect) 9b Locker rooms and dressing rooms (clean, disinfect, we vacuum) 9c Weekly: Snack bar concrete floors (damp /wet mop) (Jun -Aug) 1 b Walls, doors and molding (spot clean) 2g Glass and windows (remove fingerprints, smudges, dirt) a Cabinets, sinks and appliances (degrease, disinfect, and polish) 10c City refrigerators (clean as specified) 11f Formica and metal desks - clean all 8b Monthly: IDusting - high dusting 5b ooden furniture - clean and polish 8a ood fixtures — polish 8c Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 41 of 52 Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 42 of 52 Light switches - clean and disinfect anitorial closets - clean organize, stock and keep odor -free 8f 11c Quarterly: Spanish tile floors (strip and seal) (Feb, May, July) 1g (3x per year) Wastebasket/trash containers - wash and disinfect 5d Personal computers - clean with anti - static cleaner 11e Venetian blinds (dust and damp wipe) 11g Annually: loffice and shower tile floors (refinishing with anti -slip coating) 1 h Snack Bar concrete floor - clean and wax floors (June) 1 c Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 42 of 52 ATTACHMENT 7 City of Dublin Scope Levels of Services — Frequency and Task Chart — Standard Service Location: Heritage Center, 6600 Donlon Way Estimated Building Size: School House — 2,900 SF, Church — 1,550 SF Cleaning Frequency: School House — 3 days per week (Wed /Fri /Sun); Church — 1 day per week (Wed) Janitorial Cleaning Hours: 9:00 PM to 5:00 AM Please note: Due to nature and historical value of the Heritage Center, all cleaning products must receive approval from Museum Director prior to use. See Section 2 FREQUENCY TASK "Required Services" Vinyl, linoleum, or concrete floors (sweep and /or dust mop all Daily: floors) la Hardwood floors (sweep and dust mop) 2a Carpet and mats (vacuum traffic areas) 2c Carpet spot cleaning and spot removal 2e Graffiti (remove all marks and writing) 2f Doors and entrances (clean and polish) 3a Dusting (remove accumulated dust) 5a Wastebaskets (empty and replace liners) 5c Restrooms (clean, disinfect, restock) 9a Weekly: Vinyl, linoleum or concrete floors (damp /wet mop) 1 b Hardwood floors (sweep and damp mop) 2b Carpets and mats (vacuum all areas, including edges and corners) 2d Walls, doors and molding (spot clean) 2g Glass and windows (remove fingerprints, smudges, dirt) a Monthly: Dusting - high dusting 5b Formica and metal desks — clean all 8b Light switches - clean and disinfect 8f anitorial closets - clean organize, stock and keep odor -free 11c Vinyl and linoleum - clean and wax floors - traffic Quarterly: areas 1c Wastebasket/trash containers - wash and disinfect 5d Light fixtures - clean all 8g Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 43 of 52 VAC vents and diffusers — clean all ersonal computers - clean with anti - static cleaner enetian blinds (dust and damp wipe) mi- nually: �inyl and linoleum - strip completely and wax 11e 11g 1 Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 44 of 52 ATTACHMENT 8 City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels Location: Heritage Park and Museum, 11285 Dublin Boulevard Estimated Building Size: See below Cleaning Frequency: 5 days per week, Monday — Friday Janitorial Cleaning Hours: 5:00 PM to 12:00 AM Please note: Due to nature and historical value of the Heritage Center, all cleaning products must receive approval from Museum Director prior to use. Sunday School Barn: 1327 SF See Section 2 FREQUENCY TASK "Required Services" Daily: Wood floor — sweep 2a 9a Wastebasket (empty and replace liner 5c Weekly: Walls, doors, moldings (spot clean as needed) 2g 5c Glass and windows (remove finger prints, smudges, dirt) 4a 2g Doors (clean and polish) 3a 4a Dustin dust window sills and furniture 5a /5b Monthly: Dusting - high dusting 5b Light switches - clean and disinfect 8f Janitorial closets - clean organize, stock and keep odor -free 2a/2b Vinyl and linoleum - clean and wax floors - traffic areas 5d Quarterly: Light fixtures and fans - clean 8g H vents - clean 8h Restrooms: 289 sq. ft. See Section 2 FREQUENCY TASK "Required Services" Daily: Floor — sweep and mop la/lb Toilets- clean and disinfect 9a Doors (clean and polish) 3a Wastebasket (empty and replace liner 5c Weekly: Walls, doors, moldings (spot clean) 2g Glass and windows (remove finger prints, smudges, dirt) 4a Dustin dust window sills and furniture 5a /5b Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 45 of 52 Monthly: Dusting- high dusting 5b Daily: Light switches 8f Janitorial closets — clean, organize, stock and keep odor -free 5c Wastebasket/trash containers- clean and disinfect 5d Quarterly: Light fixtures and fans - clean 8g H vents - clean 8 Ceramics /Art Studio: 330 sq. ft. (Note: Service to begin October 1, 20111 See Section 2 FREQUENCY TASK "Required Services" Daily: Dusting (dust window sills and furniture) 5a /5b Wastebasket (empty and replace liner) 5c Floor - swee and mop la/lb Weekly: Walls, doors, moldings (spot clean) 2g Glass and windows (remove finger prints, smudges, dirt) 4a Doors (clean and polish) 3a Dusting- high dusting 5b Monthly: Li htswitches 18f Quarterly: astebasket/trash containers- clean and disinfect 5d THiiVAC ght fixtures - clean 8g vents — clean all 8h Kolb House: 2304 sq. ft. See Section 2 FREQUENCY TASK "Required Services" athroom and Kitchen Floor — sweep and dap mop la/lb athroom fixtures 9a itchen counters- wipe with light solution 10b /astebaskets (empty and replace liner) 5c ack Porch — sweep ublic Room alls falls, doors, moldings (spot clean) lass and windows (remove finger prints, smudges, dirt) usting (dust window sills and furniture) oors (clean) onthly: (Dusting- high dusting Light switches Consulting Services Agreement between City of Dublin and Tri- Valley Janitorial Service and Supply 7 September 6, 2011 Page 46 of 52 anitorial closets — clean, orqanize, stock and containers- clean and disinfect ht fixtures and fans - clean AC vents - clean odor -free Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 47 of 52 ATTACHMENT 9 City of Dublin Scope Levels of Services — Frequency and Task Chart — Standard Service Location: Shannon Community Center, 11600 Shannon Avenue Estimated Building Size: 19,700 SF Cleaning Frequency: 5 days per week, Monday — Friday Janitorial Cleaning Hours: 10:00 PM to 5:00 AM; Weekends as needed following special events See Section FREQUENCY TASK 2 "Required Services" Daily Sweep and /or dust mop all hard surface floors 2a Vacuum all carpet area 2d Spot clean carpet areas 2e Graffiti (remove all marks and writing) 2f Doors and entrances (clean and polish) 3a Drinking fountains (clean, disinfect and polish) 3b Public Telephones (clean and disinfect) 3c Dust all surfaces 5a Wastebaskets (empty and replace liners) 5c Restrooms (clean, disinfect, and restock) 9a Kitchen /coffee bar sinks (clean and disinfect) 10b Kitchen floor — remove mats, degrease, disinfect, replace mats 10a Weekly Damp mop all hard surface floors 2b Vacuum all carpeted areas including the edges 2d Spot wash all walls, doors, and moldings 2g Remove fingerprints and smudges from glass and windows 4a Wash whiteboards and pen rails (if erased) 8d Cabinets, sinks and appliances (degrease, disinfect and polish) 10c Wash Anti - Fatigue mats (degrease and disinfect) 10e Kitchen floor drains (degrease and clean) 1 Of Glass and windows a Monthly: Dusting (high dusting) 5b Wooden furniture (clean and polish) 8a Wooden fixtures (polish) 8c Light switches (clean and disinfect) 8f Janitorial closets (clean, organize, stock and deep odor free) 11c Kitchen vent hoods over stoves (degrease, clean and polish) 10d Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 48 of 52 Quarterly: inyl and linoleum (clean and refinish floors, traffic areas) 1 d ATTACHMENT 10 Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 49 of 52 City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels Location: Building Inspector Trailers, Central Parkway — 2805 Central Parkway (200' west of Fallon Road) Estimated Building Size: 2 single -wide trailers Cleaning Frequency: 2 days per week, Tue/Thu Janitorial Cleaning Hours: 5:00 PM to 5:00 AM See Section 2 FREQUENCY TASK "Required Services" Vinyl, linoleum, or concrete floors, sweep and /or dust mop all Daily: floors la Carpet and mats - vacuum traffic areas and offices 2c Carpet spot cleaning and removal - (as necessary) 2g Graffiti - remove all marks and writing 2h Glass and windows a Dusting - removal of accumulated dust 5a Wastebaskets empty and reline 5c Restrooms - clean, disinfect, and restock supplies 9a,b Note, there is no on -site dumpster for this location; rash must be removed to a dumpster at another facility. Carpet and mats - vacuum all areas, including edges and Weekly: corners 2d Walls, doors and molding - remove fingerprints, smudge and dirt 21 Doors & entrances - clean and polish, remove finger prints smudges 3a Dusting - all table tops, office desks, and filing cabinets 5a White boards and pen rails - wash clean 8d Monthly: Dusting - high dusting 5b Wooden furniture - clean and polish 8a Formica and metal desks - clean all 8b Wood fixtures - polish 8c Fabric or carpeted wall coverings- dust and /or vacuum, spo clean 8e Light switches - clean and disinfect 8f Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 50 of 52 EXHIBIT B Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply . Page 51 of 52 Vinyl and linoleum - clean and wax floors - traffic Quarterly: areas 1c Wastebasket/trash containers - wash and disinfect 5d Light fixtures - clean all 8g HVAC vents and diffusers - clean all 8h Personal computers — clean 12h . Semi - nnually: Glass and windows, interior and exterior - all areas 4b EXHIBIT B Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply . Page 51 of 52 COMPENSATION RATE Compensation shall be paid pursuant to the following Fee Schedule: City Facilities Monthly Rate Annual Cost City Hall Wing, Civic Center, 100 Civic Plaza, 5 -day $ 2,703.00 $ 32,436.00 per week service, Monday - Friday Police Wing, Civic Center, 100 Civic Plaza, including $ 1,800.00 $ 21,600.00 portable building located in police parking lot, 6 -day per week service, Monday-Saturday Library, 200 Civic Plaza (Community Room, Lobby, $ 980.00 $11,760.00 Main Restrooms, City Staff Offices), 6 day per week service, Monday-Sunday, except Friday Shannon Community Center, 11600 Shannon $ 2,350.00 $ 28,200.00 Avenue, 5-days per week service, Monday-Friday Senior Center, 7600 Amador Valley Blvd., 5 -day per $ 1,520.00 $18,240.00 week service, Monday-Friday Heritage Center, 6600 Donlon Way, including Murray Schoolhouse and St. Raymond's Church. 3 -day per week service (Murray Schoolhouse); $ 295.00 $ 3,540.00 1 -day per week service St. Raymond's Church $ 105.00 $ 1,260.00 Dublin Heritage Park and Museum, 11285 Dublin $400.00 $ 4,800.00 Blvd., 5-days per week service, Monday-Friday Swim Center, 8157 Village Parkway 2 -days per week service, Feb -Apr $ 400.00 $ 1,200.00 4 -days per week service, May $ 725.00 $ 725.00 7-days per week service, Jun-Aug $ 1,100.00 $ 3,300.00 Emerald Glen Preschool, 4201 Central Parkway, $655.00 $ 7,860.0 5-day per week service, Monday-Friday East Inspection Office (portable buildings), 2805 $155.00 $ 1,860.00 Central Parkway, 2-day per week service $136,781.00 TOTAL ANNUAL COST: Extra Work: Rate for scheduled extra work at 15.35 per hour for a minimum of 2 hours for special events. G:\MAINTENANCE\Buildings\JanitoriaI Services\2011 -12 RFP - Janitorial Svcs\Janitorial Services Agreement 2012.doc Consulting Services Agreement between September 6, 2011 City of Dublin and Tri- Valley Janitorial Service and Supply Page 52 of 52 RESOLUTION NO. XX - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** APPROVING FIRST AMENDMENT TO JANITORIAL SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND TRI- VALLEY JANITORIAL SERVICE AND SUPPLY WHEREAS, On September 6, 2011, the City Council approved a three -year Agreement with Tri- Valley Janitorial Service and Supply to perform janitorial services; and WHEREAS, in March 2013, the building inspectors were relocated to the trailer located in the Police parking lot of the Civic Center, due to extensive repairs needed to the trailers located in eastern Dublin where the inspectors were previously located; and WHEREAS, Tri - Valley Janitorial Service and Supply provided janitorial service twice a week at the building inspectors' trailers located in eastern Dublin; and WHEREAS, the City wishes to amend the term of the agreement to eliminate janitorial services at the building inspectors' trailers effective May 1, 2013. The current Fiscal Year 2012- 2013 budget for janitorial services at the building inspectors' trailers is $1,860; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the First Amendment to Janitorial Services Agreement Between the City of Dublin and Tri - Valley Janitorial Service and Supply, attached hereto as "Exhibit A to the Resolution ". BE IT FURTHER RESOLVED that the City Manager is authorized to execute the First Amendment to the Agreement. PASSED, APPROVED AND ADOPTED this 16th day of April, 2013, by the following vote: AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk City Manager FIRST AMENDMENT TO JANITORIAL SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND TRI- VALLEY JANITORIAL SERVICE AND SUPPLY WHEREAS, on September 6, 2011, the City of Dublin (hereinafter referred to as "CITY ") and Tri- Valley Janitorial Service and Supply (hereinafter referred to as "CONTRACTOR "), entered into that certain Janitorial Services Agreement between the City of Dublin and Contractor (hereinafter referred to as the "Agreement "); and WHEREAS, the Agreement has a three -year term, expiring on June 30, 2015; and WHEREAS, CITY and CONTRACTOR wish to amend the Agreement to eliminate the building inspectors' trailers to the list of facilities included in the Agreement; NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, CITY and CONTRACTOR hereby agree to amend the Agreement as follows: Section 1. Exhibit A to this Amendment, "City of Dublin Scope of Services — Frequency and Task Chart — Standard Services Levels" for the building inspectors' trailers is eliminated. Section 2. Exhibit B to the Agreement, "Compensation Schedule," is hereby deleted. A new Exhibit B, attached to this Amendment as Attachment 2, is hereby inserted. Section 3. In the event of a conflict between the Agreement and this Amendment, this Amendment will control. Except to the extent inconsistent with this Amendment, the Parties ratify and confirm all of the terms and conditions of the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: Attest: By: Caroline Soto, City Clerk Tri - Valley Janitorial Service and Supply Dated: Bv: Joni L. Pattillo, City Manager APPROVED AS TO FORM- By- John D. Bakker, City Attorney Amy Giamona EXHIBIT A TO THE RESOLUTION EXHIBIT A City of Dublin Scope of Services — Frequency and Tasks Chart — Standard Service Levels Location: Building Inspector Trailers, Central Parkway — 2805 Central Parkway (200' west of Fallon Road) Estimated Building Size: 2 single -wide trailers Cleaning Frequency: 2 days per week, Tue /Thu Janitorial Cleaning Hours: 5:00 PM to 5:00 AM See Section FREQUENCY TASK 2 "Required Services" Daily: Vinyl, linoleum, or concrete floors, sweep and /or dust mop all floors la Carpet and mats - vacuum traffic areas and offices 2c Carpet spot cleaning and removal - (as necessary) 2g Graffiti - remove all marks and writing 2h Glass and windows 4a Dusting - removal of accumulated dust 5a Wastebaskets empty and reline 5c Restrooms - clean, disinfect, and restock supplies 9a,b Note, there is no on -site dumpster for this location; trash must be removed to a dumpster at another facility. Weekly: Carpet and mats - vacuum all areas, including edges and corners 2d Walls, doors and molding - remove fingerprints, smudges and dirt 21 Doors & entrances - clean and polish, remove finger prints & smudges 3a Dusting - all table tops, office desks, and filing cabinets 5a White boards and pen rails - wash clean 8d Monthly: Dusting - high dusting 5b Wooden furniture - clean and polish 8a Formica and metal desks - clean all 8b Wood fixtures - polish 8c Fabric or carpeted wall coverings- dust and /or vacuum, spot clean 8e Light switches - clean and disinfect 8f Quarterly: Vinyl and linoleum - clean and wax floors - traffic areas 1 c Wastebasket/trash containers - wash and disinfect 5d Light fixtures - clean all 8g HVAC vents and diffusers - clean all 8h Personal computers — clean 12h Semi- Annually: Glass and windows, interior and exterior - all areas 4b ATTACHMENT 2 EXHIBIT B COMPENSATION RATE Compensation shall be paid pursuant to the following Fee Schedule: City Facilities Monthly Rate Annual Cost City Hall Wing, Civic Center, 100 Civic Plaza, 5 -day $ 2,703.00 $ 32,436.00 per week service, Monday - Friday Police Wing, Civic Center, 100 Civic Plaza, including $ 1,800.00 $ 21,600.00 portable building located in police parking lot, 6 -day per week service, Monday- Saturday Library, 200 Civic Plaza (Community Room, Lobby, $ 980.00 $11,760.00 Main Restrooms, City Staff Offices), 6 day per week service, Monday- Sunday, except Friday Shannon Community Center, 11600 Shannon $ 2,350.00 $ 28,200.00 Avenue, 5 -days per week service, Monday- Friday Senior Center, 7600 Amador Valley Blvd., 5 -day per $ 1,520.00 $18,240.00 week service, Monday- Friday Heritage Center, 6600 Donlon Way, including Murray Schoolhouse and St. Raymond's Church. 3 -day per week service (Murray Schoolhouse); $ 295.00 $ 3,540.00 1 -day per week service (St. Raymond's Church) $ 105.00 $ 1,260.00 Dublin Heritage Park and Museum, 11285 Dublin $400.00 $ 4,800.00 Blvd., 5 -days per week service, Monday- Friday Swim Center, 8157 Village Parkway 2 -days per week service, Feb -Apr $ 400.00 $ 1,200.00 4 -days per week service, May $ 725.00 $ 725.00 7 -days per week service, Jun -Aug $ 1,100.00 $ 3,300.00 Emerald Glen Preschool, 4201 Central Parkway, $655.00 $ 7,860.0 5 -day per week service, Monday- Friday $134,921.00 TOTAL ANNUAL COST: Extra Work: Rate for scheduled extra work at $ 15.35 per hour for a minimum of 2 hours for special events. 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