HomeMy WebLinkAboutC5 Parks Janitorial Services RFPCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number
FROM: Daryl R. Grigsby, Public Works Director
Prepared By: Barbara Lynch, Deputy Director of Public Works
SUBJECT: PARKS JANITORIAL SERVICES
RECOMMENDATION
1. Approve Request for Proposals for "Park Facilities Janitorial Services".
2. Authorize staff to advertise for proposals.
3. Authorize the City Manager to award the agreement for services if the annual total is within
the available annual budget of $87,200 for park restroom janitorial services.
4. Authorize the City Manager, or her designee, to amend or extend the agreement for services
in accordance with its terms and within the available annual budget.
DISCUSSION
The City has a longstanding policy of using contract labor where appropriate for ongoing
operations and maintenance services. The City’s current contract to provide janitorial services to
twelve park restrooms expires October 31, 2014. A new Request for Proposals (RFP) is
recommended to be released to establish an updated contract. The new contract will provide for a
four year agreement with an option to renew for another two, with annual cost increases based on
changes in the consumer price index.
The contractor is responsible to provide all janitorial maintenance services, including labor,
supplies and equipment, in accordance with the tasks and frequencies detailed in the RFP. Utility
services, such as water, sewer and electricity, are paid directly by the City, and are not included
in the contract.
Schedule and Selection Process
Proposals will be reviewed to determine if the companies have experience in janitorial
maintenance services for public facilities and have references indicating quality service and
responsiveness. Finalists may be interviewed if clarifications are needed in their proposals. Once
proposers have been ranked based on knowledge and experience, proposed costs will be
reviewed to determine the best overall value for the City. Where one company is clearly the only
company with appropriate experience, staff may recommend going with a more expensive firm.
If companies have generally equal experience and good references, staff will use cost in
determining which company to recommend.
FISCAL IMPACT
Funding for the park restrooms is provided by the City’s General Fund as part of the Parks and
Landscape Maintenance Operating Budget. The 2013-15 Financial Plan provides $87,200
(100.50200.7227) for fiscal year 2014-15 to support the award of this contract.
Aug 19, 2014
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Parks Restroom Janitorial Services Request for Proposals Page 2
ALTERNATIVE
1. Do not approve the RFP and continue on a month to month agreement with the current
contractor. Staff does not recommend this alternative because a long term contract provides
the City a more competitive price and consistent service delivery.
ATTACHMENT
1. Request for Proposal, Park Restroom Janitorial Maintenances Services, Specification 50200-
2014J
t:\council agenda reports\2014\2014-08-19\park janitorial services (grigsby-lynch)\rpt - 2014 parks janitorial advertise.docx
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Attachment 1
Notice Requesting Proposals for
Park Restrooms Janitorial Maintenance Services
Specification No. 50200-2014J
The City of San Luis Obispo is requesting sealed proposals to furnish janitorial services for Park Restrooms
pursuant to Specification No. 50200-2014J. All proposals must be received by the Finance Department at 990
Palm Street, San Luis Obispo, CA 93401 by 2:00 P.M. on September 10, 2014.
Proposals received after said time will not be considered. To guard against premature opening, each proposal
shall be submitted to the Finance Department in a sealed envelope plainly marked with the proposal title,
specification number, proposer name, and time and date of the proposal opening. Proposals shall be submitted
using the forms provided in the specification package.
Obtaining a Specification Package
Download from the City’s Web site www.slocity.org - Bids & Proposals page
Pick up a copy of the RFP at 919 Palm Street
Mail a request to the City of San Luis Obispo Public Works Department at 919 Palm Street
Fax a request to the City of San Luis Obispo at 805-781-7198 – include company name, street address, phone,
fax, email and the name of the contact person.
Requests must include the RFP title and specification number.
Contract Detail Information
Project detail information may be obtained by contacting Barbara Lynch at (805) 781-7191.
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Specification No. 50200-2014J
TABLE OF CONTENTS
DESCRIPTION OF WORK ........................................................................................................................................... 3
GENERAL TERMS AND CONDITIONS ...................................................................................................................... 4
PROPOSAL REQUIREMENTS ............................................................................................................................ 4
CONTRACT AWARD AND EXECUTION ............................................................................................................. 4
PROPOSAL CONTENT AND SELECTION PROCESS .............................................................................................. 6
PROPOSAL CONTENT ........................................................................................................................................ 6
PROPOSAL EVALUATION AND PROPOSER SELECTION ............................................................................... 6
FORM OF AGREEMENT ............................................................................................................................................. 8
SCOPE OF WORK AND SERVICE LEVELS ............................................................................................................ 14
DETAILED DESCRIPTION OF WORK ............................................................................................................... 14
PROPOSAL SUBMITTAL FORMS ............................................................................................................................ 16
ACKNOWLEDGEMENT ...................................................................................................................................... 16
INSURANCE CERTIFICATE .............................................................................................................................. 16
REFERENCES .................................................................................................................................................... 17
CONTRACT COST PROPOSAL ............................................................................................................................... 19
INSURANCE REQUIREMENTS: Operation and Maintenance Services .............................................................. 20
LOCATION MAP ........................................................................................................................................................ 22
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Section A
DESCRIPTION OF WORK
The City does not maintain staff to perform janitorial services for Park Restrooms. This work is provided via a
contract service with a company specializing in this area. The Contractor is expected to provide thorough, quality
service, representing the City at designated sites.
The Contractor shall perform the cleaning tasks described in this section at the locations and frequencies listed for
the park restrooms. The intent of this specification is to procure a high quality of janitorial services by skilled
professional staff that will present a clean appearance at all times. The Contractor shall maintain all specified
locations at such a level. The City's representative shall be sole judge of the adequacy of the Contractor's mainte-
nance and the appearance of the sites.
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Section B
GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Proposer) shall meet all
of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its
proposal submittal, the Proposer acknowledges agreement with and acceptance of all provisions of the RFP
specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and
accompanied by any other required submittals or supplemental materials. Proposal documents shall be
enclosed in an envelope that shall be sealed and addressed to the Finance Department, City of San Luis
Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. In order to guard against premature opening, the
proposal should be clearly labeled with the proposal title, specification number, name of proposer, and date and
time of proposal opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the Proposer’s insurance coverage during
proposal evaluation; as discussed under paragraph 13 below, endorsements are not required until contract
award. The City’s insurance requirements are detailed in Section F.
4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form
provided in the RFP package.
5. Proposal Withdrawal and Opening. A Proposer may withdraw its proposal, without prejudice prior to the time
specified for the proposal opening, by submitting a written request to the Accounting Supervisor/ Finance
Department for its withdrawal, in which event the proposal will be returned to the Proposer unopened. No
proposal received after the time specified or at any place other than that stated in the "Notice Requesting
Proposals" will be considered. All proposals will be opened and declared publicly. Proposers or their
representatives are invited to be present at the opening of the proposals.
6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file,
or to be interested in more than one proposal, except an alternative proposal when specifically requested;
however, an individual or business entity that has submitted a sub-proposal to a Proposer submitting a
proposal, or who has quoted prices on materials to such Proposer, is not thereby disqualified from submitting a
sub-proposal or from quoting prices to other Proposers submitting proposals.
7. Communications. All timely requests for information submitted in writing will receive a written response from
the City. Telephone communication with City staff is not encouraged, but is permitted. However, any such oral
communication shall not be binding on the City.
8. Alternative Proposals. When specifically requested, the proposer may submit an alternative proposal (or
proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and
discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative
proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of
alternatives submitted.
CONTRACT AWARD AND EXECUTION
9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for
examination and comparison. The City also reserves the right to waive non substantial irregularities in any
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proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to
the extent that proposals are qualified by specific limitations. See the Section C of these specifications for
proposal evaluation and contract award criteria.
10. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence
and responsibility, professionally and/or financially, of Proposers. Proposers will provide, in a timely manner, all
information that the City deems necessary to make such a decision.
11. Labor Actions. In the event that the successful proposing firm is experiencing a labor action at the time of
contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the
right to declare said proposing firm is no longer the best proposing firm and to accept the next best proposal
from a proposing firm that is not experiencing a labor action, and to declare it to be the best proposing firm.
12. Contract Requirement. The Proposer to whom award is made shall execute a written contract with the City
within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its
proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications.
13. Insurance Requirements. The Proposer shall provide proof of insurance in the form, coverage’s and
amounts specified in Section F of these specifications within 10 (ten) calendar days after notice of contract
award as a precondition to contract execution.
14. Business License & Tax. The Proposer must have a valid City of San Luis Obispo business license and tax
certificate before execution of the contract. Additional information regarding the City's business license and tax
program may be obtained by calling (805) 781-7134.
15. Failure to Accept Contract. The following will occur if the Proposer to whom the award is made fails to enter
into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special
terms and conditions if a Proposer's bond or security is required; and an award may be made to the next
highest ranked Proposer with whom a responsible compensation is negotiated, who shall fulfill every stipulation
as if it were the party to whom the first award was made.
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Section C
PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a. Acknowledgement
b. Certificate of Insurance
c. References
d. Site cost proposals – in separate sealed envelope
2. Qualifications
a. Experience of your firm and staff in performing similar services
b. Statement and explanation of any instances where your firm has been removed from a contract or
disqualified from proposing on a contract
c. Standard hourly billing rates for the Contractor staff
3. Work Program
a. Description of your approach to completing the work
b. Tentative schedule by site and task for completing the work
c. Estimated hours for your staff to complete the required work at each site visit
d. Services anticipated to be provided by the City
e. Any other information that would assist us in making this contract award decision
4. Proposal Length and Copies
a. Proposals should be the minimum length to provide the required information. Charts and other short form
approaches to conveying information are encouraged
b. 3 copies of the proposal must be submitted
PROPOSAL EVALUATION AND PROPOSER SELECTION
Proposals will be evaluated by a review committee and contract award process as follows:
5. Written Proposal Review/Finalist Candidate Selection
Proposals will be reviewed by a selection committee and ranked in accordance with their responsiveness,
qualifications, and understanding of the Proposer relative to these specification requirements. Where
proposals are rated consistently higher than others, those Proposers may be selected as the top ranked
Proposers for purposes of contract negotiation. Alternatively, a group of finalist candidates (generally the top 3
to 5 proposers) may be selected for follow-up interviews and presentations, or requests for additional clarifying
information, before the final top ranked Proposers are determined.
6. Oral Presentations/Interviews
Finalist candidates may be interviewed by a review committee. The purposes of this interview will be to a)
evaluate communication and interpersonal skills and b) clarify and resolve any questions and issues about the
proposal. Based on results of the interviews, the review committee will rank the proposing firms and select the
best proposing firms.
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7. Proposer Selection and Compensation
After selecting the best proposing firms, the review committee will review all the submitted price proposals. If
the price proposal from the best proposing firm is acceptable the review committee will recommend that a
contract be awarded to that firm. If the price proposal is not acceptable, the review committee will negotiate
with the best proposing firm to establish an acceptable price. If negotiations are unsuccessful, the review
committee will repeat the process with the next best proposing firm until an acceptable price can be established
and the review committee can recommend that a contract be awarded.
Contract award will be to one firm and will be based on a combination of factors that represent the best overall
value for completing the scope of work as determined by the City, including: the written proposal criteria
described above; results of background and reference checks; results from the interviews; and proposed
compensation.
8. Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract award:
Issue RFP ...................................................... August 20, 2014
Receive proposals .................................. September 10, 2014
Complete proposal evaluation ................ September 17, 2014
Finalize staff recommendation ............... September 19, 2014
Award contract ........................................ September 30, 2014
Execute contract .......................................... October 16, 2014
Start work .................................................. November 1, 2014
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Section D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor.
W I T N E S S E T H
WHEREAS, on July 26, 2014, the City requested proposals for Park Restroom Janitorial maintenance
services per Specification No. 50200-2004J.
WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said
services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained, the parties hereto agree as follows:
1. Term. The term of this Agreement shall be from November 1, 2014 to October 31, 2018 or until termination of
the contract in accordance with this agreement.
2. Contract Extension. The term of the contract may be extended by mutual consent for an additional 2 years.
3. Cost Adjustments. During the term of the agreement, beginning July 1, 2015, contract prices shall be
modified by a percentage equal to the percentage increase in the U.S. Consumer Price Index/All Urban
Consumers (CPI-U) from March in the previous year to March in the year of adjustment. Under no
circumstances shall the contract price increase more than five (5) percent from the prior contract year.
4. Ability to Perform. The Contractor warrants that it possesses all capital and other equipment, labor, materials,
and licenses necessary to carry out and complete the work hereunder in compliance with any and all applicable
federal, state, county, city, and special district laws, ordinances, and regulations.
The Contractor's employees shall be competent and qualified to perform the specified work and shall perform
the specified work in an orderly manner. If the City's representative advises the Contractor that an employee is
incompetent, unqualified, or disorderly, the Contractor shall remove that employee from the specified work for
the duration of the contract. The Contractor shall not bring to the specified work locations any pets, children, or
persons not employed under the contract.
5. Contractor Identification. All staff employed in the work shall wear a shirt or jacket clearly identifying the
Contractor’s company.
6. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without
written authorization by the City.
7. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract,
or its right, title or interest, or its power to execute such a contract to any individual or business entity of any
kind without the previous written consent of the City.
8. Scope of Work and Levels of Service. The Contractor shall furnish services for Park Restroom Janitorial
Services as specified in Exhibit A. The costs for these services will be included in Exhibit B. The City may
periodically request additional unspecified work. For this work, the City shall pay the Contractor an amount
equal to the employee hours used multiplied by the accepted labor rate, attached as part of Exhibit B, plus the
actual cost of materials with a 15% markup allowed.
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9. Work Hours. The Contractor shall perform the specified work every day between dusk and 8:00 a.m., with
certain restroom closures occurring per Exhibit A. The Contractor shall not perform any of the specified work
outside of these work hours without the previous written consent from the City’s Contract Manager.
10. Work Schedule. At the beginning of the contract, the Contractor shall submit to the City a proposed annual
schedule for each site showing which week the monthly and quarterly tasks will be completed.
Failure to provide an adequate schedule will result in a forfeiture of 10% of each monthly payment due until a
satisfactory schedule is submitted.
11. Materials. The Contractor shall not use any material for the specified work without the City's prior written
approval of that material. If requested, the Contractor shall furnish to the City without charge samples of
materials for examination and testing.
The Contractor shall furnish to the City a list of all materials used for the specified work. With this list the
Contractor shall include a material safety data sheet for each toxic or hazardous material. The Contractor shall
train its employees in the proper handling of any toxic or hazardous materials.
Failure to provide a list of material used will result in a forfeiture of 10% of each monthly payment due until a
satisfactory list is submitted.
12. Inspection and Corrections. The Contractor shall furnish the City with every reasonable opportunity to
ascertain that the services of the Contractor are being performed in accordance with the requirements and
intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's
inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to
fulfill its contract requirements. The City Contract Manager shall be sole judge of the adequacy of the
Contractor’s maintenance and the appearance of the sites.
During the third week of each month the Contractor and the City's Contract Manager together shall inspect
work locations. The City's Contract Manager shall document any deficiencies in writing. The City's Contract
Manager will also periodically inspect work locations without the Contractor, but will report any deficiencies to
the Contractor before the end of the third week of the month.
If the Contractor does not correct a documented deficiency by the end of the month, it shall forfeit 50 percent of
the monthly unit price for the location where the deficiency occurred. If the deficiency is not corrected within the
next month, 100 percent of the monthly unit price for the location where the deficiency occurred will be forfeited.
The City will deduct such forfeiture from its next payment. If site maintenance has not been completed at all,
100 percent of the monthly unit price will be forfeited from the next payment.
13. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding
by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure
to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to
perform said work or cure the deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice,
such shall constitute a breach of the contract and the City may terminate the contract immediately by written
notice to the Contractor to said effect. Thereafter, the City shall have no further duties, obligations,
responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety
shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the
termination thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed from the
beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any
offset from such payment representing the City's damages from such breach. "Reasonable value" includes
fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by
the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work,
services or goods performed or provided by the Contractor shall be based solely on the City's assessment of
the value of the work-in-progress in completing the overall scope of work.
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The City reserves the right to delay any such payment until completion or confirmed abandonment of the
project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of
costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in
its proposal.
If, at any time during the term of the contract, the City determines, in its sole and absolute discretion, that
continued janitorial services pursuant to this Agreement is not feasible due to funding shortages or unforeseen
circumstances, the City reserves the right to terminate this Agreement upon written notice and without and
further liability accruing to City. Contractor will be paid compensation due and payable to the date of
termination.
14. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations
as well as performance of the contract, the Contractor and sub-contractors shall maintain all books, documents,
papers, accounting records and other evidence pertaining to the performance of the contract, including but not
limited to the cost of administering the contract. Materials shall be made available at their respective offices at
all reasonable times during the contract period and for three (3) years from the date of final payment under the
contract. Authorized representatives of the City shall have the option of inspecting and/or auditing all records.
Copies shall be furnished if requested.
15. Release of Reports and Information. The Contractor shall not issue any news release or public relations
item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior
review of the contents thereof by the City and receipt of the City’s written permission.
16. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities
as part of the work or services under these specifications, the Contractor shall provide such additional copies
as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the
Contractor's direct expense.
17. Conflict of Interest. The Contractor shall disclose any financial, business, or other relationship with the City
that may have an impact upon the outcome of this contract, or any ensuing City construction project. The
Contractor shall also list current clients who may have a financial interest in the outcome of this contract, or any
ensuing City construction project which will follow.
The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or
otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The
Contractor further covenants that, in the performance of this work, no sub-Contractor or person having such an
interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the
performance of the work hereunder, the Contractor shall at all times be deemed an independent Contractor and
not an agent or employee of the City.
18. Rebates, Kickbacks or Other Unlawful Consideration. The Contractor warrants that this contract was not
obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any
City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to
terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from
the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
19. Covenant Against Contingent Fees. The Contractor warrants by execution of this contract that no person or
selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or
understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing
business. For breach or violation of this warranty, the City has the right to annul this contract without liability;
pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or
consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent
fee.
20. Compliance with Laws and Wage Rates. The Contractor shall keep itself fully informed of and shall observe
and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,
regulations and adopted codes during its performance of the work.
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21. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is
required to pay.
22. Permits, Licenses, and Insurance. The Contractor shall procure and maintain current, all permits, licenses,
and specified insurance, and pay all charges and fees, and file all notices as they pertain to the completion of
the Contractor’s work , including a city business license.
23. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, protect, defend
and hold harmless the City and any and all of its officials, directors, employees and agents from and
against any and all losses, claims, liabilities, damages, costs and expenses, including attorney’s fees
and cost which arise out of, pertain to, or relate to the negligence, reckle ssness, or willful misconduct
of the Consultant, its agents and employees.
24. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
25. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the
public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such
fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures
as are necessary to prevent accidents or damage or injury to the public and employees.
26. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the
City, to protect City property from injury or damage. If City property is injured or damaged resulting from the
Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be
replaced or restored to a condition as good as when the Contractor began work.
27. Security of Work Locations. For work locations secured by locks, the City shall provide the Contractor with
the required keys. The Contractor shall properly secure these locations when specified work is completed and
shall replace or repair City property lost or damaged when locks are not properly set.
28. Immigration Act of 1986. The Contractor warrants on behalf of itself and all sub-Contractors engaged for the
performance of this work that only persons authorized to work in the United States pursuant to the Immigration
Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work
hereunder.
29. Contractor Non-Discrimination. In the award of subcontracts or in performance of this work, the Contractor
agrees that it will not engage in, nor permit such sub-Contractors as it may employ, to engage in discrimination
in employment of persons on any basis prohibited by State or Federal law.
30. Accuracy of Specifications. The specifications for this contract are believed by the City to be accurate and
to contain no affirmative misrepresentation or any concealment of fact. In preparing its proposal, the Contractor
and all sub-Contractors named in its proposal shall bear sole responsibility for proposal preparation errors
resulting from any misstatements or omissions in the specifications that could easily have been ascertained by
examining the sites. Although the effect of ambiguities or defects in the specifications will be as determined by
law, any patent ambiguity or defect shall give rise to a duty of Contractor to inquire prior to proposal submittal.
Failure to so inquire shall cause any such ambiguity or defect to be construed against the Contractor. An
ambiguity or defect shall be considered patent if it is of such a nature that the Contractor, assuming reasonable
skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect.
Furthermore, failure of the Contractor to notify City in writing of specification defects or ambiguities prior to
proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the
proposal.
To the extent that these specifications constitute performance specifications, the City shall not be liable for
costs incurred by the successful Contractor to achieve the project’s objective or standard beyond the amounts
provided therefore in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity
or defect in the specifications, or any other matter whatsoever, Contractor shall immediately notify the City in
writing, and the Contractor shall continue to perform, irrespective of whether or not the ambiguity or defect is
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major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional
compensation has been granted by City. Failure to provide the hereinbefore described written notice within one
(1) working day of Contractor's becoming aware of the facts giving rise to the dispute shall constitute a waiver
of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the
dispute.
31. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other Contractors during the contract term.
32. Contractor Invoices. The Contractor shall deliver a monthly invoice to the City with the name of the contract,
the contract specification number. The invoice shall be itemized by site / location and accompanied by required
reporting documents.
33. Payment Terms. For providing services as specified in this Agreement, City will pay and Contractor shall
receive therefore compensation for individual site work in accordance with the prices included in Exhibit B to
Agreement. The City's payment terms are thirty (30) days from the receipt of an original invoice, monthly
reporting and acceptance by the City of the materials, supplies, equipment or services provided by the
Contractor (Net 30).
34. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this
contract that is not disposed of by agreement shall be decided by a committee consisting of the City Contract
Manager and the City Director of Public Works, who may consider written or verbal information submitted by
the Contractor. Not later than thirty (30) days after receipt of a written decision on any dispute by the City’s
Contract Manager, the Contractor may request review by the City Council of unresolved claims or disputes,
other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by
agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later than thirty (30) days after issuance of
the final audit report, the Contractor may request a review by the City’s Chief Fiscal Officer of unresolved audit
issues. The request for review must be submitted in writing.
Neither the pendency of a dispute, nor its consideration by the City will excuse the Contractor from full and
timely performance in accordance with the terms of this contract.
35. Notices.
City: Barbara Lynch
City of San Luis Obispo
25 Prado Road
San Luis Obispo, CA 93401
Contractor: X
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or
certified mail addressed as shown above.
36. Incorporation by Reference. City Request for Proposal Specification No. 50200-2014J and Contractor's
proposal dated X, along with any revisions previously approved by City are hereby incorporated in and made a
part of this Agreement. In the event of a conflict between the City’s Request for Proposal, Contractor’s proposal
and this Agreement, the terms and conditions of this Agreement shall control.
37. Amendments. Any amendment, modification or variation from the terms of this Agreement shall be in writing
and shall be effective only upon approval by the City Engineer. If, at any time during the project, the Contractor
is directed to do work by persons other than the City Contract Manager and the Contractor believes that the
work is outside of the scope of the original contract, the Contractor shall inform the Contract Manager
immediately. If the Contract Manager and Contractor both agree that the work is outside of the workscope and
is necessary to the successful completion of the work, then a fee will be established for such work based on
Contractor's hourly billing rates or a lump sum price agreed upon between the City and the Contractor. Any
extra work performed by Contractor without prior written approval from the City Contract Manager shall be at
Contractor's own expense.
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Park Restroom Janitorial Services – Specification 50200-2014J Page 13 of 22
38. Complete Agreement. This written agreement, including all writings specifically incorporated herein by
reference, shall constitute the complete agreement between the parties hereto. No oral agreement,
understanding or representation not reduced to writing and specifically incorporated herein shall be of any force
or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties
hereto. For and in consideration of the payments and agreements hereinbefore mentioned to be made and
performed by City, Contractor agrees with City to do everything required by this Agreement, the said
specification and incorporated documents.
Authority to Execute Agreement. Both City and Contractor do covenant that each individual executing this
agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such
party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first
above written.
CITY OF SAN LUIS OBISPO: CONTRACTOR:
Katie Lichtig, City Manager By:
APPROVED AS TO FORM:
J. Christine Dietrick , City Attorney
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Park Restroom Janitorial Services – Specification 50200-2014J Page 14 of 22
Exhibit A to Agreement
SCOPE OF WORK AND SERVICE LEVELS
SECTION A - DETAILED DESCRIPTION OF WORK
General. The Contractor shall provide all labor, equipment, and materials required to perform high quality janitorial
maintenance at the locations and frequencies listed in this specification. The intent of this specification is to
procure high quality maintenance that will result in attractive, clean building appearance at all times. The
intent of this section is to describe, but not limit, the janitorial tasks necessary for high quality maintenance. The
Contractor shall perform the tasks listed plus any additional tasks needed to achieve a well maintained building
appearance.
The Contractor shall not allow water or cleaning solution to enter storm drains.
Emergencies should be reported to Police Dispatch (781-7312)
Daily Tasks:
1. Disinfect and clean restroom sinks, mirrors, countertops, partitions, walls, floors and drinking fountains.
2. Disinfect, clean and de-scale toilets and urinals.
3. Clean all chrome plated or stainless steel surfaces.
4. Clean both interior and exterior doors including entry ways.
5. Refill toilet paper and seat cover dispensers. Empty and reline all trash containers.
6. Provide replacement dispensers as needed for parks staff to install.
7. Lock restrooms and retire two flags at Meadow Park at times indicated in Section B.
8. Remove all dirt, debris, trash and foreign objects from the sites, disposing of these materials in an approved
manner.
9. Wipe off graffiti using an approved cleaning solution. If graffiti cannot be removed or if paint is worn where
graffiti has been removed, notify the City representative within 24 hours.
10. Supply all equipment, materials and supplies used for park restroom janitorial services. All supplies used shall
be biodegradable or approved by the City before any application. A “green seal” cleaning supplies shall be
used whenever possible. A list of proposed cleaning materials shall be submitted at the time of award. The
contractor shall not use any materials, supplies, or equipment that may damage or destroy existing facilities.
Materials, supplies, and equipment shall not be stored on City property without prior written permission from
the City.
11. Maintain all surfaces in a clean condition.
12. Correct minor plumbing problems, clear clogged drains using a plunger or toilet auger, remove debris from
floor drain grates. In the interests of safety and water conservation if any water leak or problem is noticed,
water should be shut off to fixture and the problem fixed or reported to the City. If plumbing problems cannot
be corrected notify the City representative (781-7022) before 7:00 a.m. on the next working day.
Thursday, Friday, and Saturday Tasks:
Open restroom and uncover restroom sign, and close and cover restroom sign at Broad Street restroom downtown
at times indicated in Section B.
Monthly Tasks:
Pressure wash or machine scrub floors and entryways.
Quarterly Tasks:
Clean ceilings, ceiling fixtures, louvers, window screens and skylights.
Additional Tasks:
Maintain three cases of toilet paper at Damon Garcia Sports Field Restroom Storage Area as needed. This area
needs to be restocked on occasions when large user groups use all the extra toilet paper.
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Site Inspection and Reporting:
Review entire site on each occasion that a site visit is made and report any problems to City representative the
same day by email or before 7:00 a.m. on the next working day.
If the problem is running water that cannot be shut off and it is normal working hours call the City representative. If
it is after normal working hours or an emergency call the San Luis Obispo Police dispatcher at 781-7312 to request
a Parks Maintenance standby person or police assistance.
Problems to report may include but are not limited to the following: safety, damage, graffiti, user issues, pest
infestations, vandalism, damaged fixtures and furnishings, clogged drains (which could not be cleared with a
plumber’s helper or a short snake), inoperable light fixtures, etc.
Deliver any lost-and-found articles to the San Luis Obispo Police Station at 1042 Walnut Street, San Luis Obispo,
within 24 hours.
City Representative Contact Information:
Name: Barbara Lynch
Address: 25 Prado Road, San Luis Obispo, CA 93401
Phone: 805-781-7021
Email: blynch@slocity.org
SECTION B - LOCATIONS AND WORK HOURS
RESTROOM
LOCATION
LOCK UP
TIME
WORK
HOURS
NOTES
1 Broad Street 700 blk Broad – Parking Lot 2 3:00 a.m. 3:00 a.m. to 8:00 a.m. A
2 French Park Fuller at Poinsettia Dusk Dusk to 7:00 a.m.
3 Islay Hill Park Tank Farm at Orcutt Dusk Dusk to 7:00 a.m.
4 Johnson Park 1000 blk Southwood Dusk Dusk to 7:00 a.m.
5, 6 Laguna Lake Park (2
restrooms)
Madonna at Dalidio Dusk Dusk to 7:00 a.m.
7 Meadow Park South at Meadow 11:00 p.m. 11:00 pm – 7:00 a.m. B
8 Mission Plaza Monterey at Broad Midnight 9:00 pm - 7:00 a.m.
9 Mitchell Park Santa Rosa at Buchon Dusk Dusk to 7:00 a.m.
10 Santa Rosa Park Santa Rosa at Lemon 10:00 p.m. 10:00 pm -7:00 a.m.
11 Santa Rosa Softball
Field
Santa Rosa at Lemon 11:30 p.m. 11:30 pm - 7:00 a.m. C
12 Sinsheimer Park End of Southwood Midnight Midnight - 7:00 a.m.
13 Throop Park Cerro Romauldo at Cuesta Dusk Dusk to 7:00 a.m.
Damon Garcia Sports
Fields
Broad at Industrial Way 11:00 p.m. 11:00 p.m. - 7:00 a.m.
A. Broad Street restroom must be opened by the janitorial service contractor at 9:00 p.m. on Thursday, Friday, and Saturday
nights. At the same time, the restroom placard is to be uncovered. The contractor is to return between 2:30 and 3:00
a.m. and lock the restroom and cover the placard. The restroom may be cleaned at that time or later.
Work at this site may be discontinued during the term of this agreement at the time private development is approved and
assumes control of the site. The contractor will be notified and work at this site discontinued.
B. There are two flags at Meadow Park that shall be stored in the mechanical room. Flags must be retired at dusk, even
though other work may not start until after 11:00 p.m.
C. Santa Rosa Softball Field restrooms are only open, and cleaning required for a portion of the year from mid-March
through mid-November. Monthly cleaning payments will only be made during this period.
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Section E
PROPOSAL SUBMITTAL FORMS
ACKNOWLEDGEMENT
The undersigned declares that she or he:
Has carefully examined Specification No. 50200-2014J;
Is thoroughly familiar with its content;
Is authorized to represent the proposing firm; and
Agrees to perform the work as set forth in the specification and this proposal.
The undersigned is submitting a cost proposal for Park Restroom Janitorial Services:
Firm Name and Address:
Contact Name:
Email:
Fax: Phone:
Signature of Authorized Representative:
Date:
INSURANCE CERTIFICATE
Insurance Company’s A.M. Best Rating
Certificate of insurance attached
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Park Restroom Janitorial Services – Specification 50200-2014J Page 17 of 22
REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the
present business name: _____________________________
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services
included with the scope of the specifications. Attach additional pages if required. The City reserves the right to
contact each of the references listed for additional information regarding your firm's qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
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Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
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Exhibit B to Agreement
CONTRACT COST PROPOSAL
The Cost Proposal should be separated from the remainder of the proposal and submitted in a separate
sealed envelope. Monthly price should include all work specified including daily, weekly, monthly,
quarterly, and periodic work items.
PARK RESTROOMS MONTHLY PRICE
1. Broad Street (Parking Lot 2) $
2. French Park $
3. Islay Hill Park $
4. Johnson Park $
5. Laguna Lake Park Lakeside $
6. Laguna Lake Park Hillside $
7. Meadow Park $
8. Mission Plaza $
9. Mitchell Park $
10. Santa Rosa Park $
11. Santa Rosa Softball Field $
12. Sinsheimer Park $
13. Throop Park $
14. Damon-Garcia Sports Fields $
TOTAL
UNIT PRICES:
Hourly Labor Rate for Additional Unspecified Work ($/hour) $
Case of toilet paper at Damon Garcia Sports Field (Each) $
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Section F
INSURANCE REQUIREMENTS: Operation and Maintenance Services
The Contractor shall procure and maintain for the duration of the contract 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 Contractor, its agents, representatives, employees or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall
procure a bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed
to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as an additional insured
as respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the Contractor; premises owned, occupied or used by the Contractor; or
automobiles owned leased, hired or borrowed by the Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the City, its officers, official, employees, agents or
volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Contractor's insurance and shall not contribute with it.
3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days'
prior written notice by certified mail, return receipt requested, has been given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing required
coverage. Original endorsements effecting general liability and automobile liability coverage are also required by
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this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its
behalf. All endorsements are to be received and approved by the City before work commences.
Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverage’s for subcontractors shall be subject to all of
the requirements stated herein.
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Exhibit C to Agreement
LOCATION MAP
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