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CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: September 11, 2007

Subject/Title: A Resolution Approving and Authorizing the City Manager to execute Contracts for Janitorial Services with Dependable Janitorial Service and BSM Services for City Facilities in an amount of $157,217 for remaining FY 07-08 (October 2007 – June 2008), $215,911 for FY 08/09 and $222,388 for FY 09/10.

Prepared by: Mike Azamey, Facilities Supervisor

Submitted by: Ken De Silva, Landscape/Facilities Manager

RECOMMENDATION: Adopt a Resolution Approving and Authorizing the City Manager to execute Contracts for Janitorial Services with Dependable Janitorial Service and BSM Services for City Facilities in an amount of $157,217 for remaining FY 07-08 (October 2007 – June 2008), $215,911 for FY 08/09 and $222,388 for FY 09/10.

PREVIOUS ACTION: On June 26, 2007, by Resolution No. 2007-150, City Council approved the 2007/08-2008/09 Operating Budget.

BACKGROUND: The Parks and Recreation Department recently went out to bid for janitorial services for City facilities. Requests for Proposals were mailed out on July 13, 2007 to companies neighboring Brentwood and given out to companies who were also interested in bidding. On July 25, 2007, Landscape/Facilities Manager and Landscape/Facilities Supervisor held a mandatory pre-bid meeting and tour of the facilities with interested parties. Final proposals were received on August 17, 2007 from six companies. The base bid requested monthly services for the Brentwood Family Aquatic Complex, Heritage High School (locker/restroom facilities and office), City Hall, Council Chamber, Community Development, Engineer Department, Library, Los Medanos College, Parks & Recreation Offices, Community Center, Police Department, Data Center in PD, Police Substation, Public Work trailers, Corp Yard Mechanic’s Shop, Wastewater Treatment Plant, Parks Trailer, Brentwood Technology Center and Women’s Club.

The schedule related to the City of Brentwood janitorial services contract was as follows:

Issuance of Request for Proposals July 13, 2007
Pre-proposal Conference / Site Visit July 25, 2007
Written Questions Submission Deadline August 1, 2007
City Response to Written Questions August 8, 2007
Receipt of Proposals to City (by 4:00 p.m.) August 17, 2007
Interviews August 22, 2007
Staff Recommendation / Final Contract Week of August 27, 2007

A summary of the proposals for the base price requirement were as follows:

Advanced Maintenance Systems $19,139.34 per month (not including PD)
Delta Janitorial $6,596 per month (PD only)
Dependable Janitorial Services $18,159 per month
BSM Facility Services $18,797 per month
Hernandez Cleaning Services $18,564.60 per month
East Bay Building Services $22,541 per month
After careful review of each proposal, interviews were set up for the week of August 20, 2007. The Manager and Supervisor of the Landscape/Facilities division conducted interviews and after much discussion, it was decided to award the work to two separate firms. This decision was made based on the cost savings and being able to have a competitive atmosphere with existing contractors doing janitorial work for the City of Brentwood. This was discussed with both firms (Dependable Janitorial and BMS Services) and they agreed to this arrangement. This decision was made based on qualifications and proposal prices on the various locations. The proposed work each firm will perform for the City is shown on Exhibit B to the attached agreements.

FISCAL IMPACT: The Facility Maintenance portion of the 2007/08 – 2008/09 Approved Operating Budget includes funding for these contracts for janitorial services. The budget for 2009/10 has not yet been approved. With the selection of two separate firms for Janitorial Services, there is estimated to be a cost savings of $203,342 over the length of this contract agreement. For fiscal year 2007-2008 projected cost for janitorial services with existing firm would be $210,900 over a nine month period; the projected cost for Fiscal Year 2008 – 2009 would be $289,636; the projected cost for Fiscal Year 2009 –2010 would be $298,325.



Attachments:
Resolution
RFP
Proposal spreadsheet
Agreements



























RESOLUTION NO.

A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR JANITORIAL SERVICES WITH DEPENDABLE JANITORIAL SERVICE AND BSM SERVICES FOR CITY FACILITIES IN AN AMOUNT OF $157,217 FOR REMAINING FY 07-08 (OCTOBER 2007 – JUNE 2008), $215,911 FOR FY 08/09 AND $222,388 FOR FY 09/10.

WHEREAS, Park and Recreation Department staff requested proposals for janitorial services for City facilities; and

WHEREAS, the proposal process was used to allow for fair competition for this work; and

WHEREAS, on August 17, 2007 six final proposals were received and reviewed; and

WHEREAS, the Landscape/Facilities Manager and Landscape/Facilities Supervisor recommends the award of contracts to Janitorial Services to Dependable Janitorial Service and BSM Services based on proposals received; and

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood approves and authorize the City Manager to execute Contracts for Janitorial Services with Dependable Janitorial Service and BSM Services for City facilities in the forms attached hereto, subject to minor revisions approved by the City Manager in consultation with the City Attorney.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on September 11, 2007 by the following vote:




































REQUEST FOR PROPOSALS





Janitorial Services
for Various City Buildings











July 2007
REQUEST FOR PROPOSAL

The City of Brentwood (“Brentwood” or “City”) is accepting Proposals from qualified firms to provide Janitorial Services for various buildings/facilities in Brentwood, California.
This Contract shall include the furnishing of all labor, materials and services as set forth in the Scope of Services section of this Request for Proposal (RFP). Copies of the RFP documents may be obtained from Brentwood at the address listed above.
A Pre-Proposal conference and a tour of the facilities for interested parties will be held on July 25, 2007 at 9:00 am, local time. Attendance at this conference is MANDATORY.
Proposals are due to Brentwood on or before 4:00 pm, local time, on August 17, 2007 at 730 Third Street, Brentwood, California, 94513. Proposals received after said time or at any other place other than the time and place stated herein will not be considered. Proposals must be submitted on a Brentwood Proposal Form. Any Proposal submitted on any other form will be considered non-responsive and will be rejected.
Proposals will be examined and reported to the Brentwood City Council at a meeting within sixty (60) days after the Proposal opening. Brentwood reserves the right to reject any and all Proposals, or to waive any irregularities or informalities in any Proposal or in the RFP procedure, or to postpone the Proposal opening for good cause.
Brentwood hereby notifies all Contractors that it will affirmatively ensure that in regard to any contract entered into pursuant to this RFP, Disadvantaged Business Enterprises will be afforded full opportunity to submit Proposals in response to this request and will not be discriminated against on the basis of race, color, sex, or national origin in consideration for an award.
The successful Contractor must insure that employees and applicants for employment are not discriminated against on the basis of age, color, race, national origin, ancestry, religion, sex, sexual preference, marital status, and shall comply with the Americans with Disabilities Act.
Submittals shall be in accordance with the requirements set forth in the RFP documents. Submission of a Proposal shall constitute a firm offer to Brentwood. Any questions concerning this RFP should be addressed to Elaine Kwan at (925) 516-5357.

Ken De Silva
Landscape/Facilities Manager
Project Manager

July 10, 2007







CITY OF BRENTWOOD, CAIFORNIA

GENERAL PROPOSAL REQUIREMENTS


I. GENERAL

A. Description of Program and Approach

Selection Process
City of Brentwood will review the proposals and enter into contract with the successful firm according to schedule below. City reserves the right to reject any or all proposals and to waive any irregularities in any proposals.

City’s Intent
City of Brentwood will enter into a 2-year janitorial maintenance service contract with one contract for the janitorial maintenance of city-owned building. The City intends that the work be awarded to lowest responsive responsible Contractor. Because the work to be provided is routine and custodial in nature, City has determined that it will negotiate professional service contract with a contractor providing the best value in the requested services.

Additional attachments or supplemental information
City encourages Contractors to attach samples or include supplemental information that may assist the City in evaluating a proposal. Any such information must be correctly labeled and included with the proposal packet.

B. Schedules
The tentative schedule of key milestones related to the City of Brentwood janitorial services contract is as follows:

Issuance of Request for Proposals July 13, 2007
Pre-proposal Conference / site visit July 25, 2007
Written Questions Submission Deadline August 1, 2007
City Response to Written Questions August 8, 2007
Receipt of Proposals to City (by 4:00 p.m.) August 17, 2007
Interviews August 22, 2007
Staff Recommendation / Final Contract Week of August 27, 2007
Staff Recommendation to Council September 11, 2007
Contract Award September 11, 2007
First Day of Janitorial Services at City of Brentwood October 1, 2007

C. General Specifications
The City if seeking a contractor to provide janitorial services for the City of Brentwood at the following facilities:
Operational Hours

Aquatic Complex 195 Griffith Lane 5:30 a.m. – 8:30 p.m. Daily

Heritage High School 101 American Avenue 7:30 am – 8:30 pm April – August 4:00 pm – 8:00 pm Aug. - March

City Hall/Administration 150 City Park Way 8:30 a.m. – 5:00 p.m. M-F
- Council Chamber 734 Third Street

Community Development 104, 118 Oak Street 8:30 a.m. – 5:00 p.m. M-F

Engineering 120 Oak Street 8:30 a.m. – 5:00 p.m. M-F

Library 751 Third Street 10:00 a.m. 8:00 p.m. M–Th 10:00 a.m.–6:00 p.m. S-S
Los Medanos College 101 Sand Creek Road #A 8:00 a.m.–10:00 p.m. M-F
9:00 a.m. – 1:00 p.m. Sat.

Parks & Recreation 730 Third Street 8:30 a.m. – 5:00 p.m. M-F
- Administration
- Parks Planning Area
- Recreation Area

Police Department 9100 Brentwood Blvd. 24 hours Daily

Police Substation 201 John Muir Pkwy 24 hours Daily

Public Works 2201 Elkins Way 7:30 a.m. – 3:30 p.m. M-F
- Solid Waste 2300 Elkins Way 7:30 a.m. – 3:30 p.m. M-F
- Bldg. “A” is Wastewater 2201 Elkins Way 7:30 a.m. – 3:30 p.m. M-F
- Bldg. “B” is Parks 2201 Elkins Way 7:30 a.m. – 3:30 p.m. M-F
- Bldg. “C” is Administration 2201 Elkins Way 7:30 a.m. – 3:30 p.m. M-F
- Bldg. “D” is Fleet/Warehouse 2201 Elkins Way 7:30 a.m. – 3:30 p.m. M-F
- Bldg. “E” is Streets 2201 Elkins Way 7:30 a.m. – 3:30 p.m. M-F
- Bldg. “G” is Water 2201 Elkins Way 7:30 a.m. – 3:30 p.m. M-F

Technology Center 101 Sand Creek Rd. #B 8:30 a.m. – 5:00 p.m. M-F

Women’s Club 648 Second Street Various

Proposal Requirements
Proposals must include the following information:

1. Introduction: Introduce the proposal, including a statement of Contractor’s approach for providing the CITY OF BRENTWOOD janitorial services. Give the name of the firm submitting the proposal, the mailing address, telephone and fax number and the name of the contact person.

2. Qualifications: The following information shall be submitted to demonstrate the firm’s qualifications to perform the work:

- Brief company resume
- List of similar projects (not more than three) which best illustrate current qualifications to perform this work
- References; including phone numbers


3. Acceptance Statement: The proposal shall include an acceptance statement regarding the janitorial firm’s acceptance of the City’s requirements for contractor services agreement, insurance and indemnification, business license, federal clauses and certificates that are presented herein. The janitorial firm shall clearly state any and all exceptions. A principal, officer or owner of the firm with authority to bind the janitorial firm, shall sign this acceptance statement.

Cost Proposal Requirements
The cost proposal shall cover all janitorial services as specified in Exhibit B of the attached Contractor Services Agreement, including a unit charge rate fee schedule. The basis of payment shall be on a monthly fixed price basis. The cost proposal may be inclusive with the proposal. The City also reserves the right to award individual locations to different contractors.

Additional work outside of the scope of services will require written approval from City Staff prior to the commencement of work. Costs for additional work completed by the Contractor prior to receiving written approval from the City shall be the responsibility of the Contractor.

The cost proposal shall also provide a unit cost schedule on a fixed price basis for:

• Additional services in terms price per hour of work. Bidder must provide list of services they provide.

Business License Requirements
The janitorial firm must hold or obtain a business license in the City of Brentwood for any work within City limits.

Janitorial Firm Selection Process
The Landscape/Facilities Manager will evaluate and rank proposals based on a selection criteria. Any proposal may be rejected if it is conditional, incomplete or contains irregularities. Minor or immaterial irregularities in a proposal may be waived. Waiver of an irregularity shall in no way modify the Request for Proposals nor affect recommendation for award of the contract. The criteria for the selection of the janitorial firm, listed in relative order of importance, shall include:

• Experience with similar types of services
• Qualifications of staff
• Approach for providing services
• Cost

A best value evaluation process will be used to select a contractor for final recommendation of award.

Submittal Requirements
The firm shall submit three copies of the technical and cost proposals for CITY OF BRENTWOOD janitorial services to:

City of Brentwood
730 Third Street
Brentwood, CA 94513
Attn: Ken De Silva, Landscape/Facilities Manager

City staff will accept proposals for CITY OF BRENTWOOD janitorial services until 4:00 p.m. on August 17, 2007.



















TABLE OF CONTENTS



Tentative Schedule of Activities 1

Information for Contractors 2

Form for Bidder Questions 8

General Conditions 9

Special Conditions 12

Scope of Services 14

Proposal Form 22

Contract Rate Sheet 25

Power of Attorney 26

Required Certifications 27

Fair Employment Practices Certificate 28

Certificate Concerning Control of Employee 32

Certificate Regarding Worker’s Compensation 33

Non-Collusion Affidavit 34

Contractor’s Experience and Qualifications 35

Contract for Janitorial Services 37





TENTATIVE SCHEDULE OF ACTIVITIES
Request for Proposals for Janitorial Services




Issuance of Request for Proposals July 13, 2007
Pre-proposal Conference / site visit July 25, 2007
Written Questions Submission Deadline August 1, 2007
City Response to Written Questions August 8, 2007
Receipt of Proposals to City (by 4:00 p.m.) August 17, 2007
Interviews August 22, 2007
Staff Recommendation / Final Contract Week of August 27, 2007
Staff Recommendation to Council September 11, 2007
Contract Award September 11, 2007
First Day of Janitorial Services at City of Brentwood October 1, 2007



INFORMATION FOR CONTRACTORS
RFP for Janitorial Services


1. SCOPE AND LOCATION OF WORK
The work to be performed under this contract consists of the furnishing of all labor, insurance, materials and equipment needed to perform Janitorial Services at Brentwood’s facilities, as further described in Scope of Services which is attached hereto Brentwood.

2. EXAMINATION OF CONTRACT DOCUMENTS
Each Contractor shall thoroughly examine and be familiar with legal and procedural documents, general conditions, specifications, and addenda (if any). Submission of a Proposal shall constitute acknowledgment, upon which Brentwood may rely, that the Contractor has thoroughly examined and is familiar with the Contract Documents Failure or neglect of a Contractor to receive or examine any of the Contract Documents shall in no way relieve them of any obligation with respect to their Proposal or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract Documents.

3. INTERPRETATION OF CONTRACT DOCUMENTS
No oral representation or interpretations will be made to any Contractor as to the meaning of the Contract Documents. Requests for interpretation shall be made in writing and delivered to the Parks & Recreation Department at least ten (10) working days before the time announced for opening the Proposals. Interpretations, where necessary, will be made by the City in the form of an addendum to the Contract Documents and, when issued, will be sent as promptly as is practical to all parties to whom the Proposal documents have been issued. All such addenda shall become part of the contract. Requests for information shall be directed to:

Elaine Kwan
730 Third Street
Brentwood, CA 94513
Ph: (925) 516-5357
Fax: (925) 516-5445

It shall also be the Contractor’s responsibility to call to the attention of Elaine Kwan at (925) 516-5357 any missing pages in the Contract Documents, including the addenda. These items shall be brought to the attention of Elaine Kwan at 730 Third Street, Brentwood, CA 94513 or faxed to (925) 516-5445 in writing per attached questions sheet, at least one week prior to the Proposal opening date.

4. PROPOSALS
Proposals shall be made on the blank forms provided by Brentwood, which may be removed from the Contract Documents. All Proposals shall give, in the space provided, all other information requested therein, and shall be signed by the Contractor or an authorized representative, with their address. Contractors must prepare and submit all required documents. Unauthorized conditions, limitations or provisos attached to a Proposal will render the Proposal non-responsive and may cause its rejection. If the Proposal is made by an individual, his or her name, signature, and post office address must be shown.

If the Proposal is made by a firm or partnership, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown.

If the Proposal is made by a corporation, the Proposal shall show the name of the corporation and state under the laws of which the corporation is incorporated, the post office address of the corporation, and the signature of at least one officer authorized to sign on behalf of the corporation. Additionally, the Proposal shall include a document empowering the signator(s) to execute the Proposal and bind the corporation.

If the Proposal is made by a joint venture, the Proposal shall be signed by at least one of the joint venture firms in a format meeting with the requirements outlined above. Additionally, the Proposal shall include a document empowering the signator(s) to execute the Proposal and bind the joint venture.

Each Proposal shall be enclosed in a sealed envelope, labeled and delivered to Ken De Silva, 730 Third Street, Brentwood, California, 94513. Contractors are warned against making erasures or alterations of any kind, without initialing each and every such change. Proposals that contain erasures or irregularities of any kind, without such initialing, or omissions, may be rejected. No oral, telegraphic, or telephone (including facsimile) Proposals or modifications will be considered.

Each Contractor shall submit with its Proposal a statement setting forth its experience on the forms included in the Contract Documents. Proposal forms received after the designated time will not be accepted.

No Contractor may withdraw its Proposal for a period of sixty (60) days after the date set for the opening of Proposals.

Brentwood reserves the right to reject any or all Proposals; to make any awards or any rejections in what it alone considers to be in the best interest of Brentwood, and waive any informalities or irregularities in the Proposals.

5. PROPOSAL PRICES
Proposal prices shall include everything necessary for the completion of and fulfillment of the contract, including but not limited to, furnishing all transportation, materials, equipment, and all management, superintendence, permits, labor and services, except as may be provided otherwise in the Contract Documents. In the event that the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern and the correct product of the unit price and the estimated quantity shall be deemed to be the amount Proposal. Where there is a conflict between words and figures, the words shall govern and the figures shall be disregarded. Please refer to page 25, Bid Sheet in filling out the Monthly Prices for various City facilities.

6. TAXES
Proposal prices shall include all applicable federal, state, and local taxes.

7. EXPERIENCE OF CONTRACTORS
It is the intention of Brentwood to award a contract, if at all, to the Contractor who demonstrates the attributes of trustworthiness, as well as quality, fitness, capacity and experience to enable it to prosecute the work successfully and properly.

To determine the degree of responsibility to be credited to the Contractor, Brentwood will weigh any evidence that the Contractor has performed satisfactorily other contracts of like nature and magnitude, and comparable difficulty and rates of progress, to the Work. Brentwood shall have sole discretion to determine what contracts are of like nature and magnitude, and comparable difficulty and rates of progress.

8. MODIFICATION OF PROPOSAL
Modification of a Proposal already received will be considered only if the modification is received prior to the time established for receiving Proposals. All modifications shall be made in writing, executed, and submitted in the same form and manner as the original Proposal.

9. POSTPONEMENT OF OPENING
Brentwood reserves the right to postpone the date and time for receiving and/or opening of Proposals at any time prior to the date and time established in the RFP.

10. NON-COLLUSION AFFIDAVIT
Section 7106 of the Public Contract Code requires that each Contractor execute a Noncollusion Affidavit on all public works contracts. Contractor shall execute the Noncollusion Affidavit included with the Contract Documents and submit it to Brentwood with the Proposal.

11. DISQUALIFICATION OF CONTRACTOR
If there is a reason to believe that collusion exists among any of the Contractors, none of the Proposals of the participants in such collusion will be considered, and Brentwood may likewise elect to reject all Proposals received.

12. REJECTION OF PROPOSALS
Brentwood reserves the right to reject any Proposals which are incomplete, obscure, or irregular, any Proposals which omit a Proposal on any one or more items for which Proposals are required; any Proposals which omit unit prices if unit prices are required; any Proposals in which unit prices are unbalanced in the opinion of Brentwood; any Proposals accompanied by insufficient or irregular Proposal guaranty; and any Proposals from Contractors who have previously failed to perform properly or to complete contracts of any nature on time.

13. COMPLETING AND SIGNING FORMS
The Contractors attention is directed to the forms included in the Contract Documents, which must be completed and signed. Failure to properly complete and sign any forms may be cause for rejection of a Proposal.

14. CONFLICT OF INTEREST
No employee, director, officer, or agent of Brentwood shall participate in selection, award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer or agent, any member of his/her immediate family, his or her partner, an organization which employs, or is about to employ, any of the above interest in the firm selected for award.
Brentwood’s officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from Contractors, potential Contractors, or has a financial or other interest in the firm selected for award parties to sub agreements.

15. WARRANTY OF TITLE
Contractor warrants to Brentwood, its successors, and assigns that the title to the materials, supplies or equipment covered by the Contract, when delivered to Brentwood or to its successors or assigns, is free from all liens and encumbrances.

16. WARRANTY OF FITNESS
Contractor warrants that all materials, supplies and products furnished meet the requirements and conditions of the Contract Documents and are fit for the purpose intended.

17. RISK OF LOSS
All loss or damage arising from any unforeseen obstruction or difficulties, either natural or artificial, which may be encountered in the execution of the work, or the furnishing of the supplies, materials, or equipment, or from any action of the elements prior to final written acceptance of the work, or of the supplies, materials or equipment, or from any act or omission not authorized by the Contract Documents on the part of the Contractor or any agent or person employed by it, shall be sustained and borne solely by the Contractor.

18. CONTRACTOR’S INDEMNITY
The City and its officers, agents and employees thereof connected with the Work, shall not be answerable or accountable in any manner for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person; or for damage to property from any cause except losses due to sole or active negligence of the City’s officers, agents or employees.

To the fullest extent allowed by law, Contractor shall defend, indemnify and hold harmless the City, its elected and appointed officers, Contractors, and employees and agents (the “City Parties”), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and other defense costs, resulting from injury to or death sustained by any person (including Contractor’s employees), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with the performance of the Work, regardless of the Contractor’s fault or negligence, including any of the same resulting from City Parties’ alleged or actual negligent act or omission; except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole negligence or willful misconduct of the City Parties. This indemnification shall extend to claims asserted after termination of this Contract for whatever reason.

In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City, may be retained by the City until disposition has been made of such suits or claims for damage.

19. RECORDS/AUDIT
Contractor and its subcontractors shall establish and maintain records pertaining to this Contract. Contractor’s and subcontractors’ accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, invoices and vouchers.

Contractor shall permit City and its authorized representatives to inspect and examine Contractor’s books, records, accounts, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. City further reserves the right to examine and re-examine said books, records, accounts, and data during the three (3) year period following the termination of this Contract. Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for this three-year period.

Pursuant to California Government Code Section 10532, the parties to this Contract shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering the Contract.
20. SUBCONTRACTS
Contractor shall not subcontract all or any portion of its services under this Contract without the prior written approval of Project Manager and any attempt there at shall be void and unenforceable. In the event the Contractor enters into one or more subcontracts pursuant to this paragraph, it is understood and agreed that the participating subcontractors shall be solely and directly responsible to Contractor and that Brentwood shall have no obligation to them.

21. CHANGES IN CONTRACT PRICE
Other provisions of the Contract Documents notwithstanding, the Contract Price may be changed only by a Change Order duly authorized by the City Manager. The value of any work covered by a Change Order or of any claim for increase or decrease in the Contract Price shall be determined by one or more of the following methods in the order of precedence listed below:

• Unit price previously approved.
• An agreed lump sum.
• The actual cost for labor, direct overhead, materials, supplies, equipment, and other services necessary to complete the work. In addition, there shall be added an amount to be agreed upon but not to exceed fifteen percent (15%) of the actual cost of the work to cover the cost of general overhead and profit (including subcontractor’s overhead and profit).

Unless a change order has been so executed, it shall be conclusively presumed that all work performed is included in the Contract Price.

22. PROPOSAL PROTEST
These procedures will apply to all procurement actions, whether by sealed Proposal, request for proposal or sole source and regardless of the stage of the procurement process at which the protest is filed.
• A Contractor may file a protest, in writing, stating the reasons for its protest addressed to Ken De Silva within three (3) working days after the notice of pre-award or award or after the post-award circumstances on which the protest is based has come to its attention. A detailed description of the facts underlying the protest plus any supporting documentation should be submitted. The protest should be submitted to the Project Manager at the Parks & Recreation Office 730 Third Street, Brentwood, California 94513.
• The City shall investigate the matter and respond in writing within five (5) working days, specifying any action to be taken by Brentwood.
• If the Contractor is not satisfied with the decision of the City, the Contractor may appeal the decision in writing within three (3) working days to Brentwood’s City Manager. The appeal shall be submitted to Donna Landeros, City Manager, 150 City Park Way, Brentwood, California 94513.
• The City Manager shall investigate and shall respond in writing specifying any differences between findings and those of the City. The City Manager shall also state the action to be taken by Brentwood or the fact that no action shall be taken. The decision of the City Manager is the final decision of Brentwood.
• The Contractor will be notified of its right to appeal to the appropriate state or local administrative or judicial authorities.
• In the event a protest has been timely filed before award, Brentwood shall not make award prior to five (5) calendar days after resolution of the protest, unless Brentwood makes a written determination that:



 The items to be procured are urgently required;
 Delivery or performance will be unduly delayed by failure to make the award promptly; or
 Failure to make prompt award will otherwise cause undue harm to Brentwood.

23. INSURANCE
Contractor shall, at no cost to Brentwood, obtain and maintain during the term of those insurance amounts listed in the attached contract:

FORM FOR BIDDERS QUESTIONS
Request for Proposals for Janitorial Services




COMPANY NAME:

CONTACT NAME AND PHONE NUMBER:


1.
2.
3.
4.
5.
6.
7.

For all questions during the bidding process, please fax your questions on this form to:

Attention: Elaine Kwan
(925) 516-5445
City of Brentwood
GENERAL CONDITIONS
Request for Proposals for Janitorial Services


1. RENDITION OF SERVICES
The Contractor hereby agrees to undertake, carry out and complete all work established herein in a professional and timely manner satisfactory to Brentwood standards. Brentwood standards are described in the RFP.

2. CONTRACTORS STATUS
Neither the Contractor nor any party contracting with the Contractor shall be deemed to be an agent or employee of Brentwood. The Contractor is and shall be an independent Contractor, and the legal relationship of any person performing work for the Contractor shall be one solely between said parties.

3. RELEASE OF INFORMATION
The Contractor shall not release any reports, information, or promotional materials prepared in connection with the Agreement without obtaining the prior permission of Brentwood by providing a copy to Brentwood for review, comments and approval.

4. NOTICE TO PROCEED
As soon as practical after execution of the Agreement, and after receipt of acceptable insurance certificates by Brentwood, a written Notice to Proceed will be mailed to the Contractor. The effective date of the Notice to Proceed will be the date stated as such in the Notice, provided that the effective date will not be earlier than the day following the issuance of the Notice to Proceed.

5. ACCEPTANCE
• Acceptance by Brentwood of any services furnished under this contract shall occur only subsequent to the final review of authorized employees of Brentwood.
• Brentwood shall reject and refuse to pay for, any and all non-conforming services.
• Nothing in this section shall limit or restrict the warranty and remedy obligations of the Contractor specified in this Agreement.

6. LEGAL RELATIONS AND RESPONSIBILITIES
• The Contractor shall keep fully informed concerning all requirements of law, including, but not limited to all federal, state, and local laws and regulations which in any manner affect the performance of work under this Agreement. The Contractor shall at all times observe, and shall cause all employees and sub-contractors to observe, all such requirements of law and shall protect, indemnify and hold harmless Brentwood, its Directors, officers, agents and employees against all claims and liabilities arising from or based on the violation of any such requirement of law whether by the Contractor or their employees or sub-contractors. If any discrepancy or inconsistency is discovered in the contract documents of the work in relation to any such requirements or laws, the Contractor shall immediately report the same to Brentwood.

• If any part of these contract documents is declared invalid by a court of law, such decision will not affect the validity of the remaining portion, which shall remain in full force and effect.


7. COMPLIANCE WITH LAWS AND REGULATIONS
All services furnished pursuant to this Agreement shall be in compliance with all federal and state laws and applicable local regulations and ordinances. Contractor shall, if requested by Brentwood, provide certification and evidence of such compliance.

8. CONTRACT CHANGE ORDER
A. Brentwood may at any time make alterations, deviations, additions to or deletions from the contract documents, and may increase or decrease the quantity of any item or portion of the work, or delete any item or portion of the work, and may require extra work, as determined by Brentwood to be necessary or advisable. All such work shall be performed under applicable provisions of the contract documents, unless specifically provided otherwise at the time the change is ordered.

B. Any such changes will be set forth in a written Contract Change Order issued by Brentwood. The Contract Change Order will specify: (1) the work to be done in connection with the change to be made; (2) the amount of the adjustment of the contract price, if any, and the basis for compensation for the work ordered; and (3) the extent of the adjustment in the contract time, if any. A Contract Change Order shall not become effective until the City Manager has signed it.


C. No changes or deviations from the contract documents shall be made without an approved contract change order, except in the case of emergency. In such case and upon receipt of a written directive signed by the City Manager, the Contractor shall proceed with the ordered work and Brentwood will prepare a written contract change order for approval and issuance to the Contractor as soon thereafter as practicable.


D. In the event, the Contractor encounters any unanticipated conditions or contingencies that may affect the Scope of Services and would result in an adjustment in the amount of cost of the Contract, the Contractor shall so advise Brentwood in writing immediately upon notice of such condition or contingency. The written notice shall explain the circumstances giving rise to the unforeseen condition or contingency and shall set forth the proposed adjustment in compensation resulting thereof.


E. Disagreement by the Contractor with Brentwood’s determination of the need for, or amount of, an adjustment in contract price or contract time associated with an approved contract change order (or disagreement by the Contractor with Brentwood’s determination that a change has not occurred and no contract change order is needed) shall not, under any circumstances relieve the Contractor from its obligation to promptly begin and diligently prosecute the work, including the change, as described in the approved contract change order.


9. PROHIBITED INTERESTS
No member, officer, or employee of Brentwood or any public entity during his tenure or for one year thereafter, shall have any interest, direct or indirect, in the contract to be awarded.

10. HAZARDOUS CHEMICALS AND WASTES
The Contractor shall bear full and exclusive responsibility for any release of hazardous or non-hazardous chemicals or substances during the course of performance of this Contract. The Contractor shall immediately report any such release to Brentwood. The Contractor shall be solely responsible for all claims and expenses associated with the response to, removal and remediation of the release, including, without limit, payment of any fines or penalties levied against Brentwood by any agency as a result of such release and shall hold harmless, indemnify and defend Brentwood from any claims arising from such release. For purposes of this section only, the term “claims” shall include (i) all notices, orders, directives, administrative or judicial proceedings, fines, penalties, fees or charges imposed by any governmental agency with jurisdiction, and (ii) any claim, cause of action, or administrative or judicial proceeding brought against Brentwood, its directors, or employees, or for any loss, cost (including reasonable attorney’s fees), damage or liability, sustained or suffered by any person or entity, including Brentwood.

If the performance of the work outlined by these contract specifications creates any hazardous wastes, those wastes shall be properly disposed of according to federal, state and local laws, at the expense of the Contractor. The Contractor shall dispose of the wastes under its own EPA Generator Number. In no event shall Brentwood be identified as the generator. The Contractor shall notify Brentwood of any such hazardous wastes and Brentwood reserves the right to a copy of the results of any tests conducted on the wastes and, at its cost, to perform additional tests or examine those wastes, prior to its disposition. The Contractor shall hold harmless, indemnify and defend Brentwood from any claims arising from the disposal of the hazardous wastes, regardless of the absence of negligence or other malfeasance by Contractor.

11. SAFETY
Safety provisions shall conform to Cal-OSHA Safety Orders, and all other applicable federal, state, county, and local laws, ordinances, codes, and regulations in performing the work under this Contract. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions shall not relieve it from compliance with the obligations and penalties set forth therein.

The Contractor shall develop and maintain for the duration of this contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program.


SPECIAL CONDITIONS
Request for Proposals for Janitorial Services


1. COORDINATION OF DOCUMENTS
The Information to Contractors, General Conditions, Scope of Services and Special Conditions are intended to be complementary and to describe and provide for a complete work. In the event that there are inconsistencies or discrepancies between provisions contained in these components of the contract documents, the Special Conditions and Scope of Services shall govern over the General Conditions and Information For Contractors.

2. EXPLANATIONS/CLARIFICATIONS
The Contractor shall request from the City, in writing, any explanation of the specifications as outlined in Scope of Services contained herein. If any Contractor desires any condition or exception to the Proposal documents, a request should be submitted in writing as described in Section 3 of the Information for Contractors contained herein. By submitting a Proposal, the Contractor is deemed to have accepted all conditions and requirements set forth in this Request for Proposal. Brentwood reserves the right to reject any Proposal that contains unauthorized conditions or exceptions.

3. PRE-PROPOSAL CONFERENCE
There shall be a MANDATORY Pre-Proposal Conference and tour of facilities on July 25, 2007 local time. Meeting place is City Council Chambers, 734 Third Street.

4. PROPOSAL PRICES/COMPLETION OF PROPOSAL FORM
The prices quoted on the Proposal Form shall remain firm during the entire term of the Contract. Where the price is called for on the Proposal Form, complete the blank space as required quoting the amount that reflects all costs required to perform the specified work and services, including but not limited to insurance, materials, equipment, overhead, profit, labor and all other charges that may be incurred by Contractor in rendering the service called for under this contract. The Proposal Form represents Brentwood’s best estimate at this time of its requirements for such services for a five year period. This estimate is based on past experience and is provided to give each Contractor a reliable assessment of Brentwood’s requirements. This is to advise, however, that the actual hours of service required by Brentwood during the term of contract may differ from these estimates.

5. QUALIFICATIONS OF CONTRACTORS
A Contractor must be a person or firm who regularly performs these services. The Contractor must have the necessary capabilities and equipment, for providing Janitorial Services for the City of Brentwood, including personnel, training and experience to successfully perform this contract.

6. AWARD OF CONTRACT
The award of contract, if any, will be made within sixty (60) days after the Proposal opening to the lowest responsive responsible Contractor. Each Proposal, as submitted, shall remain in effect for sixty (60) calendar days after the date the Proposals are opened. No Contractor may withdraw its Proposal during this time period. Comparing and evaluating the Proposal Price and the Statement of Qualifications shall determine the lowest responsive responsible Contractor. Brentwood reserves the right to reject any and all Proposals or to waive any irregularities or informalities in any Proposal or in the RFP procedures.

Contractor shall be bound to the prices on the Proposal Form for the duration of the contract term.

7. COMPLIANCE WITH APPLICABLE LAWS
Prior to award of a contract resulting from this solicitation, the Contractor shall furnish, upon Brentwood’s request, verification of payment to its employees California’s minimum wage as required by law. In addition, upon Brentwood’s request, Contractor shall promptly furnish verification that its employees have legal rights to work in the United States of America and in the State of California.

8. FAIR EMPLOYMENT PRACTICES CERTIFICATE
Contractor shall execute the Fair Employment Practices Certificate included with the Contract Documents and submit it to Brentwood with their Proposal.

9. CERTIFICATION CONCERNING CONTROL OF EMPLOYEE
Contractor shall execute the Certification Concerning Control of Employee form included with the Contract Documents and submit it to Brentwood with their Proposal.

10. DISPLACED JANITOR OPPORTUNITY ACT
Any janitorial Contractor or subcontractor employing 25 or more individuals shall be subject to the employee retention and reporting provisions of the Displaced Janitor Opportunity Act (Labor Code §§ 1060-1065). A copy of this Act’s legal requirements is attached hereto.

11. JANITORIAL SERVICE BOND
Contractor shall, at no cost to Brentwood, obtain and maintain during the term of this Agreement a Janitorial Service Bond in the amount of $5,000. Concurrently with execution of the Contract, the Contractor shall furnish the Janitorial Service Bond on a form approved by Brentwood and executed by a corporate surety authorized to issue surety bonds in the State and acceptable to Brentwood. Contractor shall furnish the original bond showing a commencement date no later than the effective date of this Agreement and an expiration date no earlier than six (6) months after the expiration date of this Agreement.

12. CERTIFICATE REGARDING WORKERS COMPENSATION
Contractor shall execute the Certificate Regarding Workers Compensation form included with the Contract Documents and submit it to Brentwood with their Proposal.

SCOPE OF SERVICES
Request for Proposals for Janitorial Services

A. MAINTENANCE SCHEDULE

Administration Buildings (General) Minimum Frequency

1. Clean all spider webs Daily
2. Sweep / Vacuum / Mop flooring in all areas Daily
3. Empty waste baskets and replace liners Daily
4. Empty recycling Daily
5. Dust all surface areas (desks, counters, bookcases, pictures) Daily
6. Clean all air vents Weekly
7. Clean Window sills (dead bugs, etc.) Weekly

Entrance Ways (Exterior of Building) Minimum Frequency

1. Sweep or wash entrance way As Needed
2. Clean entrance door and window inside / outside Daily
3. Sweep/Vacuum/Mop inside entrance Quarterly
4. Clean all entrance windows inside/outside Quarterly
5. Clean high and low in lobby area Quarterly

Lobbies: Minimum Frequency

1. Clean high and low in lobby area Quarterly
2. Clean tile grout As Needed

Offices: Minimum Frequency

1. Wipe all doors and chair rails As Needed
2. Clean all air vents Weekend
3. Vacuum offices Daily
4. Spot clean carpets As Needed
5. Clean office windows and window sills (dead bugs, etc) Weekly
6. Dust office blinds Weekly
7. Ultrasonic Cleaning of blinds Yearly
8. Steam clean carpet Annually
9. Clean high and low inside offices Monthly
10. Empty trash receptacles Daily

Kitchen/Break Rooms: Minimum Frequency

1. Empty all waste baskets Daily
2. Wipe tables/chairs down Daily
3. Clean counter tops Daily
4. Sweep/Mop tile floors Daily
5. Strip/Wax/Buff break room floor Annually
6. Clean high and low in break room Quarterly
7. Wipe down/clean sinks Daily

Coffee Counters (inside break room) Minimum Frequency

1. Empty waste basket (replace liners as needed) Daily
2. Clean counter top Daily


Conference Rooms: Minimum Frequency

1. Empty waste basket Daily
2. Vacuum carpet floors Daily
3. Wipe table and chairs clean Daily
4. Clean high and low in conference room Quarterly

All Restrooms: Minimum Frequency

1. Empty waste basket Daily
2. Service hand towel and soap dispensers Daily
3. Sweep/Mop tile floors with germicidal solution Daily
4. Replace and service toilet seat cover tissues As Needed
5. Wipe clean, polish (with stainless steel cleaners) and sanitize
all stainless steel fixtures Daily
6. Refill and maintain working order and fragrance sprayer As Needed
7. Scrub tile floor with brush and apply sealant Quarterly
8. Clean all air vents Weekly
9. Clean high and low in ladies/men’s restroom Monthly
10. Clean mirrors, sinks, fixtures, commodes, partitions and walls Daily
11. Clean entrance door handles Daily
12. Disinfect / Sanitize sinks, fixtures, commodes with water soluble products Daily
13. Flush / Plunge commodes. (Do not leave any undissolved cleaning
agents behind) Daily

Locker Rooms Minimum Frequency

1. Empty waste basket Daily
2. Service hand towel and soap dispensers Daily
3. Sweep/Mop tile floors with germicidal solution Daily
4. Replace and service toilet seat cover tissues As Needed
5. Wipe clean, polish (with stainless steel cleaner) and sanitize
all stainless steel fixtures Daily
6. Refill and maintain working order and fragrant sprayer As Needed
7. Scrub tile floor with brush and apply sealant Quarterly
8. Clean all air vents Weekly
9. Clean high and low in ladies/men’s restroom Monthly
10. Clean mirrors, sinks, fixtures, commodes, partitions and walls Daily
11. Clean entrance door handles Daily
12. Disinfect / Sanitize sinks, fixtures, commodes Daily
13. Flush / Plunge commodes. Do not leave any undissolved cleaning
agents behind) Daily
14. Clean shower pans/floors Daily
15. Clean shower curtains Quarterly

Aquatic Complex (Brentwood Family Complex) Minimum Frequency

1. Empty waste basket Daily
2. Service hand towel and soap dispensers Daily
3. Sweep/Mop tile floors with germicidal solution (under mats too) Daily
4. Replace and service toilet seat cover tissues As Needed
5. Wipe clean, polish (with stainless steel cleaner) and sanitize all stainless
steel fixtures Daily
6. Refill and maintain working order and fragrance sprayer As Needed
7. Scrub tile floor with floor machine and apply sealant Quarterly
8. Clean all air vents Weekly
9. Clean high and low in ladies/men’s restroom Monthly
10. Clean mirrors, sinks, fixtures, commodes, partitions and walls Daily
11. Clean entrance door handles Daily
12. Disinfect / Sanitize sinks, fixtures, commodes Daily
13. Flush / Plunge commodes. Do not leave any undissolved cleaning
agents behind) Daily
14. Clean shower pans/floors Daily
15. Clean shower curtains Quarterly
16. Clean floor (under mats too) & disinfect floor mats Weekly
17. Clean window sills (around the window) Weekly
18. Remove spider webs Daily
19. Empty exterior trash containers Daily

Aquatic Complex (Heritage High School) **Please review operational hours Minimum Frequency

1. Empty waste basket Daily
2. Service hand towel and soap dispensers Daily
3. Sweep/Mop tile floors with germicidal solution (under mats too) Daily
4. Replace and service toilet seat cover tissues As Needed
5. Wipe clean, polish (with stainless steel cleaner) and sanitize all stainless
steel fixtures Daily
6. Refill and maintain working order and fragrance sprayer As Needed
7. Scrub tile floor with floor machine and apply sealant Quarterly
8. Clean all air vents Weekly
9. Clean high and low in ladies/men’s restroom Monthly
10. Clean mirrors, sinks, fixtures, commodes, partitions and walls Daily
11. Clean entrance door handles Daily
12. Disinfect / Sanitize sinks, fixtures, commodes Daily
13. Flush / Plunge commodes. Do not leave any undissolved cleaning
agents behind) Daily
14. Clean shower pans/floors Daily
15. Clean shower curtains Quarterly
16. Clean floor (under mats too) & disinfect floor mats Weekly
17. Clean window sills (around the window) Weekly
18. Remove spider webs Daily
19. Empty exterior trash containers Daily
Library Restrooms Minimum Frequency

1. Empty waste basket Daily
2. Service hand towel and soap dispensers Daily
3. Sweep/Mop tile floors with germicidal solution Daily
4. Replace and service toilet seat cover tissues As Needed
5. Wipe clean, polish (with stainless steel cleaners) and sanitize
all stainless steel fixtures Daily
6. Refill and maintain working order and fragrance sprayer As Needed
7. Scrub tile floor with brush and apply sealant Quarterly
8. Clean all air vents Weekly
9. Clean high and low in ladies/men’s restroom Monthly
10. Clean mirrors, sinks, fixtures, commodes, partitions and walls Daily
11. Clean entrance door handles Daily
12. Disinfect / Sanitize sinks, fixtures, commodes with water soluble products Daily
13. Flush / Plunge commodes. (Do not leave any undissolved cleaning
agents behind) Daily

Police Department Minimum Frequency

1. Empty trash receptacles Daily
2. Remove cigarette butts and smooth sand in ash trays Daily
3. Dust mop and wet mop tiled areas inside and outside of lobby Daily
4. Vacuum carpet areas and mats; remove gum and soil spots Daily
5. Disinfect drinking fountains Daily
6. Clean entrance door glass Daily
7. Clean surface of counter tops Daily
8. Reset furniture to proper position Daily
9. Clean glass partitions, display cases, and interior door glass Weekly
10. Spot clean walls Weekly
11. Dust furniture, fire closets, and extinguishers Weekly
12. Restore high luster finish on non-carpeted floors Weekly
13. High dust vents, lights, pipes, Venetian blinds, and connecting and horizontal
wall surfaces Monthly
14. Deep clean carpet using truck-mounted water injection method Yearly

Police Department – Restrooms and Locker Rooms Minimum Frequency

1. Empty waste basket Daily
2. Service hand towel and soap dispensers Daily
3. Sweep/Mop tile floors with germicidal solution Daily
4. Replace and service toilet seat cover tissues As Needed
5. Wipe clean, polish (with stainless steel cleaners) and sanitize
all stainless steel fixtures Daily
6. Refill and maintain working order and fragrance sprayer As Needed
7. Scrub tile floor with brush and apply sealant Quarterly
8. Clean all air vents Weekly
9. Clean high and low in ladies/men’s restroom Monthly
10. Clean mirrors, sinks, fixtures, commodes, partitions and walls Daily
11. Clean entrance door handles Daily
12. Disinfect / Sanitize sinks, fixtures, commodes with water soluble products Daily
13. Flush / Plunge commodes. (Do not leave any undissolved cleaning
agents behind) Daily

Shower Rooms Minimum Frequency

1. Remove foreign matter and soap. Daily
2. Clean and disinfect floors. Daily
3. Flush floor with clear water and squeegee dry. Daily
4. Disinfect shower walls. Daily
5. Clean beneath shower mats. Daily
6. Clean and disinfect mats. Daily
7. Clean handles, shower heads and other fixture hardware Daily
8. Scrub and disinfect shower room walls. Remove scum from walls Daily

Police Department – Offices Minimum Frequency

1. Wipe all doors and chair rails As Needed
2. Clean all air vents Weekend
3. Vacuum offices Daily
4. Spot clean carpets As Needed
5. Clean office windows and window sills (dead bugs, etc) Weekly
6. Dust office blinds Weekly
7. Ultrasonic Cleaning of blinds Yearly
8. Steam clean carpet Annually
9. Clean high and low inside offices Monthly
10. Empty trash receptacles Daily

Police Department – Conference Room Minimum Frequency

1. Empty waste basket Daily
2. Vacuum carpet floors Daily
3. Wipe table and chairs clean Daily
4. Clean high and low in conference room Quarterly
5. Steam clean carpet Annually
6. Clean all air vents Weekend

Police Department – Computer Rooms and Copy Rooms Minimum Frequency

1. Empty waste receptacles and replaces liners. Daily
2. Dust mop and wet mop tiled floors Daily
3. Vacuum carpeted floors, remove gum and soil sports Daily
4. Dust all horizontal furniture Weekly
5. Thoroughly vacuum vents, partitions, and under and around computers Weekly
6. Clean door surfaces Weekly
7. High dust clocks, window ledges, pipes, Venetian blinds, connecting vertical
and horizontal wall surfaces Monthly
8. Restore high luster finish on non-carpeted floors Monthly

Police Department – Lunchrooms/Break Rooms Minimum Frequency

1. Clean table tops with disinfectant Daily
2. Empty waste receptacles and replace liners Daily
3. Dust mop and wet mop tiled areas Daily
4. Vacuum carpeted areas and mats, remove gum and soil spots Daily
5. Disinfect drinking fountains Daily
6. Reset furniture to proper position Daily
7. Clean glass partitions, display cases, and interior door glass. Weekly
8. Spot clean walls. Weekly
9. Dust furniture, fire closets and extinguishers. Weekly
10. Restore high luster finish on non-carpeted floors. Weekly
11. High dust vents , lights, pipes, Venetian blinds, and connecting vertical and
horizontal wall surfaces Monthly
12. Thoroughly clean furniture Monthly

Police Department – Jail (Detention Area) Minimum Frequency

1. Wet mop floors with disinfectant. (germicidal, bactericidal) Daily
2. Spot clean walls and benches Daily
3. Pour at least one gallon of water down floor drains Daily
4. Clean mirrors; clean and disinfect urinals and stools; clean basins Daily
5. Polish stainless steel and/or chrome surfaces Daily
6. Clean walls, benches and cell bars with disinfectant. Weekly
7. Machine scrub floors with disinfectant. Weekly

Police Department – Jail (Non-Detention Area) Minimum Frequency

1. Empty waste receptacles and replaces liners Daily
2. Dust mop and wet mop tiled floors Daily
3. Vacuum carpeted floors, remove gum and soil spots Daily
4. Spot clean walls and counter tops Daily
5. Thoroughly vacuum vents, partitions, and under and around computers. Weekly
6. Clean door surfaces. Weekly
7. High dust clocks, window ledges, pipes, connecting vertical and horizontal
wall surfaces. Monthly
8. Restore high luster finish on non-carpeted floors. Monthly
Police Department – Windows Minimum Frequency

1. Clean all windows, inside and out Semi-Annual


B. SPECIAL INSTRUCTIONS

1. ONLY Contractor’s employees allowed on premises.
2. All cleaning products shall be approved by City prior to use by Contractor.
3. Contractor shall maintain on site an up-to-date set of MSDS (material safety and data sheets) for all chemicals and cleaning products used at the site.
4. Cardboard boxes are not to be removed unless appropriately marked for disposal by City.
5. Contractors will report hazardous conditions and items beyond minor repair to Facilities Supervisor, or designee, for correction.
6. At all times, personnel shall wear uniforms with exposed photo I.D. tags or they shall not be permitted to enter the premises.
7. All of Contractor’s employees responsible to open and close City facilities shall be capable of setting/operating fire and burglar alarm systems properly. Contractor will be responsible for costs incurred in alarm systems are not properly operated.
8. Contractor shall comply with City procedures and requirements regarding sanitary techniques and safety. In addition, Contractor shall be in accord with OSHA Act #1910.1030 regarding worker exposures to blood-borne pathogens.
9. The City shall have the right to have Contractor remove from assignment to City facilities such employees of Contractor as shall be deemed incompetent, careless, insubordinate, or in any way objectionable, or any personnel whose actions by be contrary to the public interest or inconsistent with the best interests of the City.
10. Contractor’s employees shall be properly certified (I-9) citizens, Visa, and/or green cards as appropriate.
11. Contractor’s employees shall not use tobacco products, drugs, alcohol or other items of this nature anywhere on premises or within 1000 feet of City property.
12. Items found or left behind by patrons are to be turned into to the Park & Recreation front office lost and found. Contractor to contact Project Manager when an item has been found and placed in the lost and found.
13. Spot clean fire hose cabinets.
14. Maintain Janitorial closets in a clean and orderly condition.
15. Maintain area around the dumpsters in a clean condition.

C. CITY PROVIDED SUPPLIES
City will specifically provide the following products for use by Contractor in maintaining the Facilities of City of Brentwood as specified in the Scope of Services and Maintenance Schedule.
• Paper Toilet Products (tissue and seat covers)
• Paper Hand Towels
• Feminine Hygiene Products
• Liquid Hand Soap
• Restroom Air Freshener
• Urinal blocks / deodorizers
D. INSPECTIONS
City and Contractor shall jointly conduct monthly quality of service inspections of areas maintained by Contractor. City reserves the right to conduct additional independent inspections without the Contractor being present.
E. WEEKLY REPORTS
Contractor shall submit a written weekly report on completed janitorial services no later than the end of the first business day of the following week. Repots should cover the period of Sunday through Saturday, and should be filed by close of business on Monday, or if Monday is a holiday, on the next business day.

F. DAILY REPORTS
Contractor shall submit a daily report of problems encountered during performance of janitorial services including but not limited to: clogged commodes, damaged fixtures and other abnormal conditions.

G. QUALITY STANDARDS
In general, the achievement of the desired standards as outlined herein will result in an almost complete absence of visible soil. In order to maintain the facilities in this condition Contractor will immediately remove any visible soil, which is found as a result of his/her inspection. For purposes of the definition, absence of soil shall be at the minimum as follows:

1. Absence of dust on horizontal and vertical surfaces, floors, walls, ledges, furniture and equipment.
2. Absence of litter and trash on floor and horizontal surfaces of equipment.
3. Absence of finger marks and sports and soil build-up on walls, partitions, doors, dividers, etc.
4. Absence of incrustation, soil and wax build-up on floors, particularly in corners, along edges and baseboard, around door jams, and around furniture and equipment legs and bases.
5. Absence of soil and stains on toilet room fixtures drains traps, faucets, soap and dispensers, stalls, mirror, ledges and drinking fountains. Disinfectants shall be used to sterilize toilet room fixtures, where required.
6. Absence of dust, spots, build-up, and incrustation on furniture and equipment surfaces and legs.
7. Absence of dust, lint and litter on upholstered furniture.
8. Absence of soil, litter, dust and incrustation in ashtrays, urns, wastebaskets, and trash containers. Wastebaskets and trash containers to be washed as needed.
9. Absence of marks, spots, stains, and streaks on interior and exterior entrance doors, lobby glass, all partition glass, and concourse interior windows.
10. Absence of soil and dust on window blinds, shades, sills, frames, and ledges.
11. Absence of other visible soil and cobwebs on horizontal and vertical surfaces including ceilings, interior and exterior.
12. Absence of trash in building. Trash shall be collected and removed to designated area.
13. Absence of soil, litter, dust and spots from all carpets, mats and floors.
14. Absence of streaks, spots, stains from all bright work, where appropriate. All bright work shall be polished dry to a sheen.
15. Absence of streaks, spots, stains, incrustation, dirt, dust, black marks from all resilient floors.
16. It is imperative that all “wet” areas such as showers, kitchens, slop sinks or related items be free from mold and mildew at all times.

H. RECYCLING
The Contractor must remove all recyclable trash from each location nightly (daily). Recyclable trash must be removed separately from other trash to avoid contamination and placed in designated recycle bins and transported to designated pick-up locations.

I. STAFF GENERAL RESPONSIBILITIES

1. Contractor shall be responsible to schedule clean up times after evening meetings.
2. Contractor shall be responsible to secure all gates.
3. Contractor shall register with City of Brentwood 24-hour emergency numbers including beeper and cell phone. Responsible party/supervisor must return call within 1 hour.

SPECIAL PROVISION TO BE OBERSEVED WHILE CLEANING AREAS WITH DATA PROCESSING MACHINES, WORD PROCESSING AND OTHER ELECTRONIC DEVICES.

1. Contractor shall not move or jar computers, and/or data processing machines, equipment and accessories. Computers and other electronic equipment are very sensitive and must not be moved, bumped, jarred, or tampered with without prior approval.
2. Contractor shall not use steel wool, powdered cleansers, brushes, dusters, rags or waste that leave dust nor any material containing silicon on or around this equipment.

PROPOSAL FORM
RFP for Janitorial Services

City of Brentwood, CA

DATE SUBMITTED:
NAME OF INDIVIDUAL SUBMITTING PROPOSAL:
CONTACT PERSON:
NAME UNDER WHICH BUSINESS IS CONDUCTED:
STREET ADDRESS:
MAILING ADDRESS, IF DIFFERENT:
TELEPHONE:
FAX:
BUSINESS LICENSE NUMBER:
CONDITIONS:















1. The undersigned understands that he/she will be bound by the Proposal as expressed by these forms if an award is made by Brentwood. The Contract will be in accordance with this Proposal.
2. The Request for Proposals, Information for Contractors, General Conditions, Scope of Services, Special Conditions, Contract for Janitorial Services, Proposal Forms, Certifications, and Addenda, if any, are made a part of this Proposal.
3. The undersigned understands that any clarification made to the Proposal Form or any new and different conditions or information submitted in or with the Proposal Form, other than that requested, may render the Contractor unresponsive.
4. The undersigned acknowledges the receipt of the following Addenda:
5. The undersigned understands that Brentwood reserves the right to reject any or all Proposals or to waive any informality or technicality in any proposal in the interest of Brentwood.
6. The undersigned understands that all proposals shall remain in effect for sixty (60) days from the presentation of the Proposals to the Brentwood City Council.
7. The undersigned certifies that the Proposal includes all costs for labor, materials, taxes, insurance, overhead, profits, and all other costs necessary to perform the work in accordance with the Contract Documents.
8. The undersigned will place the proposal package in a sealed envelope marked “Janitorial Services” and, prior to 4:00 p.m. local time on August 17, 2007, deliver the sealed envelope to:
Ken De Silva, Landscape/Facilities Manager
Parks & Recreation
730 Third Street
Brentwood, CA 94513

9. The following lump sum Proposal includes all monthly costs for labor, materials, taxes, insurance, overhead, profits, and all other costs necessary to perform the work in accordance with the contract documents.
10. Proposal Cost: $__________________________ /month





IF INDIVIDUAL OR SOLE OWNER OF BUSINESS:

_______________________
Signature and Printed Name

IF PARTNERSHIP OR JOINT VENTURE:
The undersigned certify that we have full and proper authority to sign this Proposal Form.
Partnership or Joint Venture Composed of:


_________________________________________
Signature, Printed Name, Title, and Company Name

_________________________________________
Signature, Printed Name, Title, and Company Name

_________________________________________
Signature, Printed Name, Title, and Company Name

Partnerships and Joint Ventures must complete and submit the Power of Attorney form included with these proposal documents.
IF CORPORATION:
The undersigned certify that we sign this Proposal Form with full and proper authorization to do so. We also have included a fully executed Power of Attorney form identifying the Managing Sponsor in our Proposal Packet.

_________________________________________
Signature, Printed Name, Title, and Company Name
_________________________________________
Signature, Printed Name, Title, and Company Name

This Corporation is incorporated under the laws of the State
of: ___________________________________

City of Brentwood
Janitorial Specification Per Building
Contract Rate Sheet

Building Address Monthly Price
City Hall 730 Third Street
Library 751 Third Street
Police Dept. 9100 Brentwood Blvd.
Police Sub Station 201 John Muir Parkway
Community Development 104 – 108 Third Street
BETC (LMC) 101 Sandcreek Road #A
BETC (City) 101 Sandcreek Road #B
Waste Water Treatment Plant 2201 Elkins Way
Transfer Station 2300 Elkins Way
Corp Yard Trailers 2201 Elkins Way
Corp Yard Shop Office 2201 Elkins Way
Women’s Club 648 Second Street
Aquatic Complex 195 Griffith Lane
Heritage High School 101 American Avenue












Unit Costs:
Hourly rate for additional work. Please provide list of services and associated units costs that your company provides.

POWER OF ATTORNEY

KNOW ALL PERSONS BY THESE PRESENTS. That ________________________ constituting all of the (general partners/venturers) of the (partnership/joint venture) known as ______________________________________________________________ which is desirous of entering into a contract with the City of Brentwood, do hereby designate and appoint ___________________________ one of the (general partners/venturers) hereinafter called the “Managing Sponsor,” as their true and lawful attorney with the power, on their behalf and in the name and on behalf of the (partnership/joint venture), to execute a proposal for and to execute and enter into Contract for Janitorial Services with the City of Brentwood, and to represent and bind the undersigned and the (partnership/joint venture), in all matters in connection with such proposal and contract; and the undersigned specifically acknowledge and agree that the execution of such proposal or contract by the Managing Sponsor shall constitute the agreement of each (general partner/venturer) to be jointly and severally liable for any and all of the duties and obligations of the (partnership/joint venture) arising from such proposal or contract.
IN WITNESS WHEREOF the undersigned have executed this Power of Attorney this ____________ day of ___________________, 200___.
__________________________________
Company Name
By:
Title:
Subscribed and Sworn to before me
This ______ day of _________, 200___.
_______________________________
Notary Public in and for State of ___________________________________
residing at _____________________________________________________




REQUIRED CERTIFICATIONS
The following forms must be completely and accurately filled out, signed, notarized (as required), and returned with Proposal.

CONTRACTORS CHECKLIST
□ Fair Employment Practices Certificate

□ Certification Concerning Control of Employee

□ Certificate Regarding Workers Compensation

□ Non-Collusion Affidavit

□ Contractor’s Experience and Qualifications

□ Proposal Form

FAIR EMPLOYMENT PRACTICES CERTIFICATE
In connection with the performance of work under this contract, the Contractor agrees as follows:
1. The Contractor will not willfully discriminate against any employee or applicant for employment because of race, color, religious creed, ancestry, national origin, age, sex, physical disability, mental disabilities, marital status, or medical condition as defined in Government Code §12926. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religious creed, ancestry, national origin, age, sex, physical disability, mental disability, marital status, or medical condition as defined in Government Code §12926. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this Fair Employment Practices section.
2. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, advising the said labor union or workers’ representative of the Contractors commitments under this section; and the Contractor shall post copies of the notice in conspicuous places available to employees and applicants for employment.
3. The Contractor will permit access to its records of employment, employment advertisements, application forms, and other pertinent data and records by the Fair Employment Practices Commission, Brentwood, or any other appropriate agency of the State of California designated by Brentwood for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract.
4. A finding of willful violation of the Fair Employment Practices section of this contract or of the Fair Employment Practices Act shall be regarded by Brentwood as a basis for determining the Contractor to be not a “responsible Contractor” as to future contracts for which such Contractor may submit Proposals, for revoking the Contractors pre-qualification rating, if any, and for refusing to establish, re-establish, or renew a pre-qualification rating for the Contractor.
Brentwood shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Government Code §12970 or obtained a court order under Government Code §12973.
Upon receipt of such written notice from the Fair Employment Practices Commission, Brentwood shall notify the Contractor that, unless it demonstrates to the satisfaction of Brentwood within a stated period that the violation has been corrected, the Contractors pre-qualification rating will be revoked.
5. The Contractor agrees that should Brentwood determine that the Contractor has not complied with the Fair Employment Practices section of this contract then, pursuant to Labor Code Sections 1735 and 1775, the Contractor shall, as a penalty to Brentwood, forfeit, for each calendar day, or portion thereof, for each person who was denied employment as a result of such noncompliance, the penalties provided in the labor code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. Brentwood may deduct any such damages from any monies due the Contractor.
6. Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent Brentwood from pursuing any other remedies that may be available at law.
7. Prior to award of the contract, the Contractor shall certify to Brentwood that it has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by Brentwood:
a. The Contractor shall provide evidence, as required by Brentwood, that it has notified all supervisors, foremen and other personnel officers, in writing, of the content of the anti-discrimination clause and their responsibilities under it.
b. The Contractor shall provide evidence, as required by Brentwood, that it has notified all sources of employee’s referral (including unions, employment agencies, advertisements, Employment Development Department) of the content of the anti-discrimination clause.
c. The Contractor shall file a basic compliance report as required by Brentwood. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire or whether or not to hire.
d. Personally, or through its representatives, the Contractor shall, through negotiations with the unions with whom it has agreements, attempt to develop an agreement which will:
(1) Spell out responsibilities for nondiscrimination in hiring, referral, upgrading, and training.
(2) Otherwise implement an affirmative anti-discrimination program in terms of the unions’ specific areas of skill and geography to the end that qualified minority workers will be available and given an equal opportunity for employment.
e. The Contractor shall notify Brentwood of opposition to the anti-discrimination clause by individuals, firms, or organizations during the period of its pre-qualification.
8. The Contractor will include the provisions of the foregoing Paragraphs 1 through 7 in every first-tier subcontract so that such provisions will be binding upon each subconsultant.
9. Statements and Payrolls. The Contractor shall maintain its records in conformance with the requirements included in the Information to Contractors and the following Special Conditions:
a. The submission by the Contractor of payrolls or copies thereof, is not required. However, each Contractor and sub-contractor shall preserve their weekly payroll records for a period of three (3) years from the date of completion of this contract.
b. The payroll records shall contain the name, address and social security number of each employee, his/her correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made, and actual wages paid.
c. The Contractor shall make its payroll records available at the project site for inspection by Brentwood and shall permit Brentwood to interview employees during working hours on the job.
The following certification is to be executed by every Contractor and enclosed and forwarded in a sealed envelope containing the Proposal. The person signing the certification shall state his/her address and official capacity.

FAIR EMPLOYMENT PRACTICE CERTIFICATION
The undersigned, in submitting a Proposal for performing Work as specified in the Scope of Services hereby certifies that the Contractor will meet the above standards of affirmative compliance with the Fair Employment Practices Act.
________________________________________________________
CONTRACTOR
________________________________________________________
SIGNATURE
________________________________________________________
PRINTED NAME OF SIGNER
________________________________________________________
TITLE
________________________________________________________
MAILING ADDRESS
________________________________________________________
CITY STATE ZIP CODE
________________________________________________________
TELEPHONE NUMBER

CERTIFICATE CONCERNING CONTROL OF EMPLOYEE
The Contractor, by entering into this Agreement with Brentwood to perform or provide work, services, or materials to Brentwood, does hereby certify and assure that in performing the services under this Agreement, the Contractor shall act as an independent Contractor and shall have full control of the work and Contractors employees. Contractor and its employees in no circumstances whatsoever shall imply or be considered as an agent(s) or employee(s) of Brentwood. Contractor employees in no circumstances shall be entitled to part of any pension plan, insurance, bonus or any similar benefits which Brentwood provides its own employees.
Any infraction of this Certification shall be cause for termination of this Agreement.
Signed


Authorized Representative of Contractor

Title

Date

CERTIFICATE REGARDING WORKERS COMPENSATION
Contract with the CITY OF BRENTWOOD, 150 City Park Way, Brentwood, California 94513, for:

Janitorial Services
Contract No.

Labor Code Section 3700:
“Every employer, except the State, and all political subdivisions or institutions thereof, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers, duly authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations a certificate on consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to employees.”
I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance. In accordance with the provisions of that code, I will comply with such provisions before commencing the performance of the work of this contract.
Dated: , 200__
(Contractor)
By___________________________________
_____________________________________
(Official Title)
(SEAL)
(Labor Code Section 1861, provides that the above certificate must be signed and filed by the Contractor with the Authority prior to performing any work under this contract.)

NON-COLLUSION AFFIDAVIT
State of ______________
County of ss.
, being first duly sworn, deposes and says that he or she is (title) of , the party making the foregoing Proposal,

that the Proposal:
• is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation

• is genuine and not collusive or sham


that the Contractor:
• has not, directly or indirectly, induced or solicited any other Contractor to put in a
false or sham Proposal
• has not, directly or indirectly, colluded, conspired, connived, or agreed with any Contractor or anyone else to put in a sham Proposal, or that anyone shall refrain from Proposing
• has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the Proposal price of the Contractor or any other Contractor, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other Contractor, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract

• assures that all statements contained in the Proposal are true
• has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Proposal depository, or to any member or agent thereof to effectuate a collusive or sham Proposal.

Signed: Date: _____________
Contractors Printed Name:

CONTRACTOR’S EXPERIENCE AND QUALIFICATIONS
The following statements as to the experience and qualifications of the Contractor are to be submitted with the Contract Proposal, as a part thereof. The truthfulness and accuracy of the information is guaranteed by the Contractor.
The Contractor has been engaged in the business, under the present business name, for years. Experience in work of a nature similar to that covered in the Proposal extends over a period of ______ years.
The Contractor, as a Contractor, has successfully completed at least two (2) Contracts of like magnitude, comparable difficulty and rates of progress to the work, including: (list two or more Contracts).

The Contractor, as a Contractor, has never failed to satisfactorily complete a contract awarded to the Contractor, except as follows: (name any and all exceptions and reasons therefore).


The Contractor has satisfactorily completed the following contracts in the last three years, for the owner indicated, and to whom reference is made (list five contracts). (Provide a contact person and telephone number for each Contract.)

CONTRACT
YEAR TYPE OF WORK AMOUNT CONTACT

The names of all persons interested in the foregoing Proposals as principals are as follows: (NOTE: If Contractor or other interested person is a corporation, state the legal name of the corporation, along with the names of the president, secretary, treasurer, and manager thereof; if a general partnership, state true name of the firm, also the names of all individual partners composing the firm; if a limited partnership, the names of all general partners and limited partners; and if Contractor or other interested person is an individual, state first and last names in full.)
_______________________
Contractors Business License Number:
License Renewal Date:

CONTRACT FOR JANITORIAL SERVICES

This Contract for Janitorial Services (the "Contract") is made this _____ day of , 2007 by and between the City of Brentwood (the "Owner" or "City") and ________________________________ (the "Contractor").

Recitals

A. WHEREAS, the City solicited a Request for Proposals (RFP) for Janitorial Services in the manner prescribed by law; and

B. WHEREAS, Contractor represents that it is qualified and willing to provide such services; and

C. WHEREAS, after review of all proposals submitted, City determined that Contractor was the lowest responsive, responsible respondent; and

Agreement

FOR VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

1. Contract Documents. The following documents are incorporated into and made part of this Contract by this reference:

(a) Request for Proposals

(b) Exhibit “A” - Special Provisions

(c) Exhibit “B” - Current Contract Rate Sheet

The documents shall be referred to collectively as the "Contract Documents".

2. Scope.

2.1. Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, testing and/or any other act or thing required to diligently and fully perform and complete the work generally described as follows: Janitorial Services (the "Work").

2.2. The Work shall be performed in accordance, and Contractor shall comply, with all requirements of the Contract Documents. Where there is a conflict between the requirements of the various Contract Documents, the more stringent requirements shall govern.

2.3. Without limiting the foregoing description, Contractor’s scope of work includes, but is not limited to, the following:

(a) Provide labor, material and equipment required for the Work.

(b) Submit all required samples, product data, certificates, operations and maintenance instructions, guarantees, and other submittals as requested by City.

(c) Obtain all necessary permits and approvals for the Work.

(d) Protect all materials to be used in the Work in accordance with the specifications and local, state and federal law.

(e) Protect existing facilities and personal property.

(f) Prepare and submit a written daily activity report to City for each day on which work is performed, including weekends and holidays when worked, and submit the reports to the City no later than the next business day.

(g) Unload, hoist and otherwise handle Contractor's own materials, supplies and equipment.

(h) Coordinate with Owner-scheduled events.

(i) Comply with all local codes and regulations that regulate and govern the Work.

(j) Provide suitable and adequate sanitary conveniences that conform with local regulations at suitable locations for the use of Contractor's employees and its subContractors.

2.4. Contractor shall perform the work with due care, in accordance with generally accepted practices for janitorial services and the scope of Contractor's obligations under this Contract.

3. Price.

3.1. City agrees to pay, and Contractor agrees to accept, for full performance of the Work, the unit prices for routine janitorial services and Additional Work set forth in this Contract. The total amount paid to Contractor shall not exceed _________________ ($__________) (the “Contract Price”) subject to adjustments for changes in the Work as may be directed in writing by City. All amounts paid to Contractor under the original contract are credit against the Contract Price.

3.2. Contractor shall submit written applications for progress payments in a form satisfactory to City on or before the first day of each month on account of routine janitorial services and Additional Work provided during the preceding month. For routine janitorial services, the payment applications shall be based on the tasks satisfactorily completed. For properly authorized Additional Work, the payment applications shall identify each person performing Work, the time each person spends on each task (in units not to exceed one quarter hour) and shall be based on the rates in the Current Contract Rate Sheet.

3.3. Within thirty (30) days after receipt of each application for progress payment, City shall verify the accuracy of the progress payment application, correct the charges where appropriate, and make payment to Contractor in an amount equal to the amount of such application, as verified or corrected by City. No payment made hereunder shall be construed as evidence of acceptance of any part of the Work. City reserves the right to withhold payment from Contractor on account of Work not performed satisfactorily, delays in Contractor's performance of Work, or other defaults hereunder. City shall promptly notify Contractor of any invoiced amounts that City disputes, and City and Contractor shall work to promptly resolve any such disputes. Contractor shall not stop or delay performance of Work under this Agreement on account of payment disputes with City.

3.4. Payment to Contractor shall be considered as full compensation of all labor, supervision, materials, supplies, and equipment used in carrying out the Work. Contractor shall pay all taxes, including sales, use and income taxes, incurred in connection with performance of the Work.

3.5. City’s failure to discover or object to any unsatisfactory work or billing prior to payment will not constitute a waiver of City’s right to:

(a) Require Contractor to correct such work or billings; or

(b) Seek any other legal remedy.

3.6. Should Work be requested by City or proposed by Contractor that is beyond the Work described in the Contract Documents, the Contractor shall provide a written request for consideration of Additional Work to the City. Contractor shall not provide Additional Work until Contractor has received written approval from the City to perform same. Should the Contractor elect to proceed prior to receiving written approval by the City for Additional Work, the Contractor does so at Contractor’s own risk. In no event shall City pay for Additional Work made necessary by Contractor's errors or oversights. The City will pay for approved Additional Work at the rates set forth in this Contract.

3.7. Contractor agrees to furnish, as a condition of payment, payroll affidavits, receipts, vouchers, and other documents, in form satisfactory to City, prior to receipt of any payment.

4. Entire Agreement. This Contract and the documents incorporated herein by reference constitute the entire agreement between City and Contractor with regard to the subject matter of this agreement and supersede any prior written or oral representations.



5. Time.

5.1. Contractor shall continue performance of the Work without interruption.

5.2. Time is of the essence of this Contract.

5.3. Contractor shall provide City with scheduling information in a form acceptable to City, including any changes made by City in the scheduling of work. Contractor shall coordinate the Work with that of all other Contractors, subContractors and suppliers so as not to delay or damage their performance.

5.4. The initial term of this agreement shall be eighteen (18) months. City may elect to extend the term, at its sole discretion, for up to two additional two year terms by giving written notice to Contractor no later than 60 days before the initial term ends. If City elects to extend the term, the compensation payable to Contractor under Section 3 may be adjusted as the parties mutually agree.

6. Labor. The Contract is subject to the provisions of the California Labor Code and the Contractor and any subContractor must comply with all applicable provisions, including, but not limited to, the following:

6.1. Contractor and any subContractor shall pay not less than the specified prevailing rates of wage to all workers employed in performance of the Work. Pursuant to the provisions of Section 1770 of the Labor Code, the City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes, a copy of which is on file in the office of the City, and shall be made available for viewing to any interested party upon request. Pursuant to Labor Code Section 1775, Contractor shall, as a penalty to the City, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Work.

6.2. Contractor shall comply with all applicable provisions of Sections 1810- 1815 of the California Labor Code relating to working hours. The Contractor, shall as a penalty to the City, forfeit the sum of twenty-five dollars ($25.00) for each worker employed in the execution of the Contract for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of eight (8) hours at not less than 1½ times the base rate of pay. Pursuant to Labor Code sections 1773.1 and 1773.9 and applicable wage determinations, the Contractor will pay travel and subsistence as required. Contractor and any subContractor shall keep accurate payroll records, in accordance with Section 1776 of the Labor Code, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the Work.

6.3. Contractor’s attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subContractor under the Contractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subContractors with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

6.4. Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will be required to secure the payment of worker’s compensation to its employees in accordance with the provisions of Section 3700 of the Labor Code. Prior to commencement of the Work, the Contractor shall sign and file with the City a certification in the form attached to this Contract as Exhibit C:

"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of Section 3700."

7. Changes in Work.

7.1. City may, from time to time, request changes to this agreement or the Work. Such requests shall be made in writing by the City's Project Manager, and shall describe in detail the proposed additions, deletions, or modifications to the Work. Contractor shall respond to such request in writing, with a statement of the costs, expenses and time required to perform the requested work. Neither the City's request nor the Contractor's response shall constitute a modification of this Agreement. Any modification shall be contained in a written amendment to this Agreement signed by an authorized representative on behalf of City. City's execution of the amendment shall constitute authorization to proceed with the changed work.

7.2. Contractor shall make no changes in the Work without written direction from the City. Contractor shall not be compensated for any change made without any such written direction.

7.3. If the City directs the Contractor in writing to make changes in the Work that materially affect the cost of performing the Work, the Contract Price will be adjusted based on one of the following:

(a) Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices in Contractor's bid or proposal or this Contract to the quantities involved in the changed work;

(b) By establishment of new unit prices and related quantities for the changed work;

(c) By a combination of existing and new unit prices and related quantities for the changed work; or

(d) By mutual acceptance of a lump sum.

8. Claims. If any dispute shall arise between City and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation to City within ten (10) days after commencement of the disputed work. Contractor's failure to give written notice within the ten (10) day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work.

9. Inspection and Protection of Work.

9.1. Contractor shall make the Work accessible at all reasonable times for inspection by the City. Contractor shall, at the first opportunity, inspect all material and equipment delivered to the jobsite by others to be used or incorporated in the Work and give prompt notice of any defect therein. Contractor assumes full responsibility to protect the Work until final acceptance by the City.

10. Assignment and Subcontracting.

10.1. Contractor shall give personal attention to the performance of the Contract and shall keep the Work under its control.

10.2. No subContractors will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, who will be held responsible for their work pursuant to the provisions of the Contract Documents.

10.3. No subContractor who is ineligible to bid on, be awarded or perform work on a public works project under Labor Code Sections 1777.1 or 1777.7 can bid on, be awarded or perform work as a subContractor on the Project. The Contractor is prohibited from performing work on the Project with a subContractor who is ineligible to perform work on a public works project under these sections of the Labor Code.

10.4. When a portion of the Work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the City, the subContractor shall be removed immediately at the request of the City and shall not again be employed on the Work.

10.5. Contractor may not assign performance of the Contract except upon written consent of the City.

11. Termination and Suspension.

11.1. Should Contractor fail within five (5) working days from receipt of City's written notice to correct any contractual deficiencies, including but not limited to failure to perform the Work in accordance with the Contract Documents, failure to comply with the directions of City or failure pay its creditors, City may terminate this Contract for default. Following a termination for default, City shall have the right to take whatever steps it deems necessary to correct any deficient element of the Work and charge the cost thereof to Contractor, who shall be liable for the full cost of City's corrective action, including reasonable overhead, profit and attorneys' fees.

11.2. City may at any time terminate the Contract at City's convenience upon five (5) days written notice to Contractor. In the event of termination for convenience, Contractor shall recover only the actual cost of work completed to the date of termination, which cost shall be documented to City’s satisfaction, plus a reasonable amount not to exceed fifteen percent (15%) of the actual cost of the Work performed for overhead and profit. Contractor shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of such termination.

11.3. If City terminates Contractor for default, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under section 11.2, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.

11.4. City may, in writing, order Contractor to suspend all or any part of the Contractor's Work for the City's convenience or an account of events beyond City's control. If City suspends Contractor's performance for more than 120 consecutive days, an adjustment to the Contractor's compensation may be made for increased costs, if any.

11.5. The performance of work under the Agreement may be terminated by Brentwood, in its discretion, upon application therefore by the Contractor for unforeseen causes beyond the control and without the fault or negligence of the Contractor, including acts of God, acts of the public enemy, governmental acts, fires and epidemics, if such, causes irrecoverably disrupt or render impossible the Contractors performance hereunder. An “act of God” shall mean an earthquake, flood, cyclone, or other cataclysmic phenomenon of nature beyond the power of the Contractor to foresee or make preparation in defense against.

12. Hold Harmless And Indemnification.

12.1. The City and its officers, agents and employees thereof connected with the Work, shall not be answerable or accountable in any manner for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person; or for damage to property from any cause except losses due to sole or active negligence of the City's officers, agents or employees.

12.2. To the fullest extent allowed by law, Contractor shall defend, indemnify and hold harmless the City, its elected and appointed officers, Contractors, and employees and agents (the "City Parties"), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs, resulting from injury to or death sustained by any person (including Contractor's employees), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with the performance of the Work, regardless of the Contractor’s fault or negligence, including any of the same resulting from City Parties' alleged or actual negligent act or omission; except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole negligence or willful misconduct of the City Parties. This indemnification shall extend to claims asserted after termination of this Contract for whatever reason.

12.3. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City, may be retained by the City until disposition has been made of such suits or claims for damage.

13. Insurance.

13.1. Contractor shall obtain, at its sole cost and expense, all insurance required by this section 13. Certificates of such insurance and copies of the insurance policies and endorsements shall be delivered to City within ten (10) days after being notified of the award of the Contract, and before execution of the Contract by the City.

13.2. The insurance requirements specified herein shall apply to all subContractors, although the limits of insurance may be reduced with the City's written consent. The Contractor shall designate appropriate insurance limits for subContractors which shall be subject to the approval of the City. It shall be the responsibility of the Contractor to ensure that all subContractors comply with this provision, and to verify their compliance when requested by the City. The Contractor shall not allow any subContractor to commence work until all insurance required of the subContractor has been obtained and verified by the Contractor. SubContractors shall furnish original certificates and endorsements as verification of insurance coverage. Upon request, Contractor shall deliver certificates of insurance or copies of the insurance policies and endorsements of all subContractors to City; provided, however, that this shall not relieve Contractor of its obligation to ascertain the existence of such insurance.

13.3. The insurance required by this section 13 shall be maintained by Contractor in full force and effect at all times during prosecution of the Work and until the expiration of the warranty period following the final completion and acceptance thereof by City, and every policy shall be endorsed to state that it shall not be assigned, cancelled, or reduced in coverage without thirty (30) days’ prior written notice to City. Every policy shall also be endorsed to state that the City shall be given written notice of nonrenewal at least thirty (30) days prior to the nonrenewal date.

13.4. The following are the minimum insurance requirements of this Contract:

(a) Contractor shall maintain a Commercial General Liability insurance policy (on Insurance Services Office form number CG 0001 – “occurrence” form) insuring Contractor for an amount not less than One Million Dollars ($1,000,000.00) per occurrence with an annual aggregate limit of not less than Two Million Dollars ($2,000,000.00) for bodily injury, personal injury and property damage.

(b) Contractor shall maintain an Automobile Liability insurance policy (on Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 "any auto," and endorsement CA 0025) insuring Contractor for an amount not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.

(c) Contractor shall maintain a Workers’ Compensation and Employers’ Liability policy written in accordance with the laws of the State of California and providing coverage for any and all employees of Contractor as follows:

(1) This policy shall provide coverage for Workers’ Compensation (Coverage A) in accordance with California law.

(2) This policy shall also provide coverage for One Million Dollars ($1,000,000.00) Employers’ Liability (Coverage B).

(d) All of the following endorsements are required to be made a part of each of the required policies, except for the Workers’ Compensation and Employers’ Liability policies:

(1) "The City of Brentwood and its employees, officers, agents and Contractors are hereby added as additional insureds, but only as respects work done by, for on behalf of the named insured."

(2) "This policy shall be considered primary insurance as respects any other valid and collectible insurance, self-insurance or joint self-insurance the City may possess, including any self-insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance only and shall not contribute with it."

(e) The City reserves the right to require complete, certified copies of all required insurance policies at any time.

(f) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the additional insured parties.

(g) Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

(h) Insurance is to be placed with insurers with a Best’s rating of no less than A:VII.

(i) Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

13.5. Waiver of Subrogation. City and Contractor waive all rights against each other and against all other subContractors for loss or damage to the extent covered by Builder's Risk or any other property or equipment insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance less their pro-rata share of the deductible. If the policies of insurance referred to in this section require an endorsement or consent of the insurance company to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed or obtain such consent.

13.6. Insurance Requirements are Material Element of Performance. In the event of the breach of any provision of this section, or in the event of any notices received which indicate any required insurance coverage will be diminished or canceled, City, at its option, may, notwithstanding any other provisions of this Contract to the contrary, immediately declare a material breach of this Contract and suspend all further work pursuant to this Contract.

14. Laws To Be Observed.

14.1. Contractor shall keep itself fully informed of all existing and future state and federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

14.2. Contractor shall at all times observe and comply with, and shall cause all of its agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Work and shall protect and indemnify the City, and all officers and employees thereof against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree by Contractor, its agents or employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or Contract for the Work in relation to any such law, ordinance, regulation, order or decree, Contractor shall forthwith report the same to the City in writing.

14.3. Contractor must insure that employees and applicants for employment are not discriminated against on the basis of age, color, race, national origin, ancestry, religion, sex, sexual preference or marital status, and shall comply with the Americans with Disabilities Act.

15. Notices. All notices required under this Agreement shall be given in writing, sent via facsimile or US Mail, addressed to the recipient at the address set forth below the signatures at the end of this Agreement.

For City: Contractor:
Name: Name:
Address: Title:
Phone No.: Address:
Attn: Phone No.:
Facsimile No: Facsimile No:

16. Differing Site Conditions.

16.1. The Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any:

(a) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

(b) Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, or

(c) Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.

16.2. The City shall promptly investigate the conditions, and if it finds that such conditions do materially so differ, or do involve hazardous waste, and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work, it shall issue a change order under the provisions described in the Contract Documents.

16.3. No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required in the Contract Documents.

16.4. In the event a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the Work, Contractor shall not be excused from completing the Work as provided in the Contract Documents. The Contractor shall proceed with the Work. The Contractor shall retain any and all rights provided either by this Contract or by law which pertain to the resolution of disputes and protests.

17. Records and Audits.

17.1. Contractor and its subContractors shall establish and maintain records pertaining to this Contract. Contractor’s and subContractors’ accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, invoices and vouchers.

17.2. Contractor shall permit City and its authorized representatives to inspect and examine Contractor’s books, records, accounts, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. City further reserves the right to examine and re-examine said books, records, accounts, and data during the three (3) year period following the termination of this Contract. Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for this three-year period.

18. Independent Contractor.

18.1. In performing the Work, Contractor shall be, and is, an independent Contractor and not an employee of City. Contractor shall have and exercise full control and supervision of the Work, and full control over the employment, direction, compensation and discharge of all persons assisting Contractor in the performance of the Work. Contractor shall be solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding and other all other regulations governing such matters

18.2. The relationship between City and Contractor is not exclusive. Contractor may perform services for and contract with as many additional clients, persons or companies as Contractor sees fit. City may contract with others for performance of the same or services similar to those covered by this Agreement at its discretion.

18.3. Contractor shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, income and personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the Work to be performed by Contractor.

18.4. Additional Charges. Charges from Contractor to City will not be honored or paid by City unless the charges are authorized and approved by City at the time the Work for which a charge is submitted is being performed.

18.5. Clean-up. Contractor will remove all debris, unused materials or equipment resulting from performance of the Work, no less often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours' notice to Contractor, clean up the site and deduct the cost from monies due or to become due to the Contractor.

19. Non-Collusion Affidavit. In accordance with Public Contract Code Section 7106, the Contractor is required to execute a Non-Collusion Affidavit in the form attached hereto. Contractor shall submit the executed Affidavit to the City with the signed Contract.

20. Severability/Partial Invalidity. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.

21. Governing Law/Venue. This Agreement shall be governed by the laws of the State of California. Any litigation regarding this Agreement or its contents shall be filed in the County of Contra Costa, if in state court, or in the federal court assigned to Contra Costa County, if in federal court.

22. Counterparts. This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed, shall together constitute one and the same instrument.

23. Authorized Signatories. All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s).

24. Conflicts of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way affect Contractor’s performance of Work under this Contract. Contractor further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subContractor without the express written consent of City. Contractor agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the City in the performance of this Contract.

25. Remedies Not Exclusive. Except as provided in Sections11.2 and 11.3, no remedy herein conferred upon or reserved to City is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise.

26. Successors and Assigns. All representations, covenants and warranties set forth in this Contract, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns. Other than City, Contractor and their successors and assigns, there are no other beneficiaries of this agreement.

27. Headings. The headings of the several sections, and any table of contents appended hereto, shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof.

28. No Waiver of Default. No delay or omission of City to exercise any right or power arising upon the occurrence of any event of default shall impair any such right or power or shall be construed to be a waiver of any such default of an acquiescence therein; and every power and remedy given by this Agreement to City shall be exercised from time to time and as often as may be deemed expedient in the sole discretion of City.

29. Amendment and Restatement. This Agreement amends and restates the Original Agreement in its entirety. The Original Agreement is of no further force and effect.

30. Business License Requirement. Contractor shall at all times it is performing the Work have and maintain a City of Brentwood Business License.

[Rest of this page is blank.]

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826.

IN WITNESS WHEREOF, the City and Contractor have executed this Contract as of the date first above written.


Contractor


By:

Printed Name:

Title:

Date:

License No.:
City of Brentwood:



By:
Donna Landeros, City Manager

Date:


ATTEST:


By:
Margaret Wimberly, City Clerk


APPROVED AS TO FORM:


By:
Damien B. Brower, City Attorney


“EXHIBIT A”
SPECIAL PROVISIONS


1. Displaced Janitor Opportunity Act. Any janitorial Contractor or subContractor employing 25 or more individuals shall be subject to the employee retention and reporting provisions of the Displaced Janitor Opportunity Act (Labor Code §§ 1060-1065). A copy of this Act’s legal requirements are attached hereto.

2. Cooperation and Care.

2.1 Should construction be under way by the City, other agencies or other Contractors within or adjacent to the limits of the Work or should work of any other nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other Contractors or other forces to avoid any delay or hindrance to their work. The City reserves the right to perform other or additional work at or near the site (including material sources) at any time, by the use of other forces.

2.2 Until the final acceptance of the contract, the Contractor shall have the charge and care of the Work and of the materials to be used therein, including materials for which partial payment has been received. The City shall not be held responsible for the care or protection of any material or parts of the Work prior to final acceptance, except as expressly provided in the Special Provisions.

3. Progress of the Work.

3.1 Hours of work - Overtime and holidays. The Contractor shall perform all work during the hours of 9:00 AM – 5:00 PM, Monday through Friday unless otherwise authorized by the City in writing. If the Contractor wishes to work during any other hours or on weekends, written permission must be received from the City. The request must be received at least two (2) working days in advance of any work. No work will be allowed on holidays except in the case of an emergency. If Contractor requests overtime work in which the City will incurs costs, Contractor shall be responsible for payment of the City’s costs incurred in connection with the overtime work. The City will invoice the Contractor at time and one half to cover the costs incurred. If Contractor does not pay the invoice within ten days, the City may deduct the amount billed from other payments due or to become due to Contractor under the Contract.

3.2 A working day is defined as any calendar day other than a Saturday, Sunday or holiday observed by the State of California.

3.3 The City shall have the authority to suspend the Work wholly or in part, for such a period as the City may deem necessary.

4. Limits Of Work. The "limits of work" are shown on the plans (where applicable). The Contractor shall make its own arrangements, and pay all expenses for additional area required outside of the limits of work unless provided in the Special Provisions.

5. Project Managers.

5.1 City designates the following individual as its representative on the Project:
City’s Project Manager: Ken De Silva, Landscape/Facilities Manager
5.2 Contractor designates the following individual as its representative on the Project:
Contractor’s Project Manager:
Name & Title
5.3 The Contractor may designate a different Project Manager only with the City's prior written authorization.

6. Janitorial Service Bond. Contractor shall, at no cost to Brentwood, obtain and maintain during the term of this Agreement a Janitorial Service Bond in the amount of $5,000. Concurrently with execution of the Contract, the Contractor shall furnish the Janitorial Service Bond on a form approved by Brentwood and executed by a corporate surety authorized to issue surety bonds in the State and acceptable to Brentwood. Contractor shall furnish the original bond showing a commencement date no later than the effective date of this Agreement and an expiration date no earlier than six (6) months after the expiration date of this Agreement.


EXHIBIT B
CURRENT CONTRACT RATE SHEET

(NOW: PLACEHOLDER – TO BE COMPLETED WHEN CONTRACT IS AWARDED)


Contract Rate Sheet

Building Address Monthly Price
City Hall 730 Third Street
Library 751 Third Street
Police Dept. 9100 Brentwood Blvd.
Police Sub Station 201 John Muir Parkway
Community Development 104 - 108 Third Street
BETC (LMC) 101 Sandcreek Road #A
BETC (City) 101 Sandcreek Road #B
Waste Water Treatment Plant 2201 Elkins Way
Transfer Station 2300 Elkins Way
Corp Yard Trailers 2201 Elkins Way
Corp Yard Shop Office 2201 Elkins Way
Women's Club 648 Second Street
Aquatic Complex 195 Griffith Lane
Heritage High School 101 American Avenue



































CONTRACT FOR JANITORIAL SERVICES

This Contract for Janitorial Services (the "Contract") is made this _____ day of , 2007 by and between the City of Brentwood (the "Owner" or "City") and BSM Facility Services (the "Contractor").

Recitals

A. WHEREAS, the City solicited a Request for Proposals (RFP) for Janitorial Services in the manner prescribed by law; and

B. WHEREAS, Contractor represents that it is qualified and willing to provide such services; and

C. WHEREAS, after review of all proposals submitted, City determined that Contractor was the lowest responsive, responsible respondent; and

Agreement

FOR VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

31. Contract Documents. The following documents are incorporated into and made part of this Contract by this reference:

(a) Request for Proposals

(b) Exhibit “A” - Special Provisions

(c) Exhibit “B” - Current Contract Rate Sheet

The documents shall be referred to collectively as the "Contract Documents".

32. Scope.

32.1. Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, testing and/or any other act or thing required to diligently and fully perform and complete the work generally described as follows: Janitorial Services (the "Work").

32.2. The Work shall be performed in accordance, and Contractor shall comply, with all requirements of the Contract Documents. Where there is a conflict between the requirements of the various Contract Documents, the more stringent requirements shall govern.

32.3. Without limiting the foregoing description, Contractor’s scope of work includes, but is not limited to, the following:

(a) Provide labor, material and equipment required for the Work.

(b) Submit all required samples, product data, certificates, operations and maintenance instructions, guarantees, and other submittals as requested by City.

(c) Obtain all necessary permits and approvals for the Work.

(d) Protect all materials to be used in the Work in accordance with the specifications and local, state and federal law.

(e) Protect existing facilities and personal property.

(f) Prepare and submit a written daily activity report to City for each day on which work is performed, including weekends and holidays when worked, and submit the reports to the City no later than the next business day.

(g) Unload, hoist and otherwise handle Contractor's own materials, supplies and equipment.

(h) Coordinate with Owner-scheduled events.

(i) Comply with all local codes and regulations that regulate and govern the Work.

(j) Provide suitable and adequate sanitary conveniences that conform with local regulations at suitable locations for the use of Contractor's employees and its subContractors.

32.4. Contractor shall perform the work with due care, in accordance with generally accepted practices for janitorial services and the scope of Contractor's obligations under this Contract.

33. Price.

33.1. City agrees to pay, and Contractor agrees to accept, for full performance of the Work, the unit prices for routine janitorial services and Additional Work set forth in this Contract. The total amount paid to Contractor shall be $82,800 for remaining FY 07-08 (Oct. 2007 – June 2008), $113,712 for FY 08-09 (cost of living included)), $117,123 for FY 09-10 (cost of living included). (the “Contract Price”) subject to adjustments for changes in the Work as may be directed in writing by City. All amounts paid to Contractor under the original contract are credit against the Contract Price.

33.2. Contractor shall submit written applications for progress payments in a form satisfactory to City on or before the first day of each month on account of routine janitorial services and Additional Work provided during the preceding month. For routine janitorial services, the payment applications shall be based on the tasks satisfactorily completed. For properly authorized Additional Work, the payment applications shall identify each person performing Work, the time each person spends on each task (in units not to exceed one quarter hour) and shall be based on the rates in the Current Contract Rate Sheet.

33.3. Within thirty (30) days after receipt of each application for progress payment, City shall verify the accuracy of the progress payment application, correct the charges where appropriate, and make payment to Contractor in an amount equal to the amount of such application, as verified or corrected by City. No payment made hereunder shall be construed as evidence of acceptance of any part of the Work. City reserves the right to withhold payment from Contractor on account of Work not performed satisfactorily, delays in Contractor's performance of Work, or other defaults hereunder. City shall promptly notify Contractor of any invoiced amounts that City disputes, and City and Contractor shall work to promptly resolve any such disputes. Contractor shall not stop or delay performance of Work under this Agreement on account of payment disputes with City.

33.4. Payment to Contractor shall be considered as full compensation of all labor, supervision, materials, supplies, and equipment used in carrying out the Work. Contractor shall pay all taxes, including sales, use and income taxes, incurred in connection with performance of the Work.

33.5. City’s failure to discover or object to any unsatisfactory work or billing prior to payment will not constitute a waiver of City’s right to:

(a) Require Contractor to correct such work or billings; or

(b) Seek any other legal remedy.

33.6. Should Work be requested by City or proposed by Contractor that is beyond the Work described in the Contract Documents, the Contractor shall provide a written request for consideration of Additional Work to the City. Contractor shall not provide Additional Work until Contractor has received written approval from the City to perform same. Should the Contractor elect to proceed prior to receiving written approval by the City for Additional Work, the Contractor does so at Contractor’s own risk. In no event shall City pay for Additional Work made necessary by Contractor's errors or oversights. The City will pay for approved Additional Work at the rates set forth in this Contract.

33.7. Contractor agrees to furnish, as a condition of payment, payroll affidavits, receipts, vouchers, and other documents, in form satisfactory to City, prior to receipt of any payment.

34. Entire Agreement. This Contract and the documents incorporated herein by reference constitute the entire agreement between City and Contractor with regard to the subject matter of this agreement and supersede any prior written or oral representations.



35. Time.

35.1. Contractor shall continue performance of the Work without interruption.

35.2. Time is of the essence of this Contract.

35.3. Contractor shall provide City with scheduling information in a form acceptable to City, including any changes made by City in the scheduling of work. Contractor shall coordinate the Work with that of all other Contractors, subContractors and suppliers so as not to delay or damage their performance.

35.4. The initial term of this agreement shall be eighteen (18) months. City may elect to extend the term, at its sole discretion, for up to two additional two year terms by giving written notice to Contractor no later than 60 days before the initial term ends. If City elects to extend the term, the compensation payable to Contractor under Section 3 may be adjusted as the parties mutually agree.

36. Labor. The Contract is subject to the provisions of the California Labor Code and the Contractor and any subContractor must comply with all applicable provisions, including, but not limited to, the following:

6.1 Contractor shall comply with all applicable provisions of Sections 1810- 1815 of the California Labor Code relating to working hours. The Contractor, shall as a penalty to the City, forfeit the sum of twenty-five dollars ($25.00) for each worker employed in the execution of the Contract for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of eight (8) hours at not less than 1½ times the base rate of pay. Pursuant to Labor Code sections 1773.1 and 1773.9 and applicable wage determinations, the Contractor will pay travel and subsistence as required. Contractor and any subContractor shall keep accurate payroll records, in accordance with Section 1776 of the Labor Code, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the Work.


6.2 Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will be required to secure the payment of worker’s compensation to its employees in accordance with the provisions of Section 3700 of the Labor Code. Prior to commencement of the Work, the Contractor shall sign and file with the City a certification in the form attached to this Contract as Exhibit C:

"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of Section 3700."

37. Changes in Work.

37.1. City may, from time to time, request changes to this agreement or the Work. Such requests shall be made in writing by the City's Project Manager, and shall describe in detail the proposed additions, deletions, or modifications to the Work. Contractor shall respond to such request in writing, with a statement of the costs, expenses and time required to perform the requested work. Neither the City's request nor the Contractor's response shall constitute a modification of this Agreement. Any modification shall be contained in a written amendment to this Agreement signed by an authorized representative on behalf of City. City's execution of the amendment shall constitute authorization to proceed with the changed work.

37.2. Contractor shall make no changes in the Work without written direction from the City. Contractor shall not be compensated for any change made without any such written direction.

37.3. If the City directs the Contractor in writing to make changes in the Work that materially affect the cost of performing the Work, the Contract Price will be adjusted based on one of the following:

(a) Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices in Contractor's bid or proposal or this Contract to the quantities involved in the changed work;

(b) By establishment of new unit prices and related quantities for the changed work;

(c) By a combination of existing and new unit prices and related quantities for the changed work; or

(d) By mutual acceptance of a lump sum.

38. Claims. If any dispute shall arise between City and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation to City within ten (10) days after commencement of the disputed work. Contractor's failure to give written notice within the ten (10) day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work.

39. Inspection and Protection of Work.

39.1. Contractor shall make the Work accessible at all reasonable times for inspection by the City. Contractor shall, at the first opportunity, inspect all material and equipment delivered to the jobsite by others to be used or incorporated in the Work and give prompt notice of any defect therein. Contractor assumes full responsibility to protect the Work until final acceptance by the City.

40. Assignment and Subcontracting.

40.1. Contractor shall give personal attention to the performance of the Contract and shall keep the Work under its control.

40.2. No subContractors will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, who will be held responsible for their work pursuant to the provisions of the Contract Documents.

40.3. No subContractor who is ineligible to bid on, be awarded or perform work on a public works project under Labor Code Sections 1777.1 or 1777.7 can bid on, be awarded or perform work as a subContractor on the Project. The Contractor is prohibited from performing work on the Project with a subContractor who is ineligible to perform work on a public works project under these sections of the Labor Code.

40.4. When a portion of the Work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the City, the subContractor shall be removed immediately at the request of the City and shall not again be employed on the Work.

40.5. Contractor may not assign performance of the Contract except upon written consent of the City.

41. Termination and Suspension.

41.1. Should Contractor fail within five (5) working days from receipt of City's written notice to correct any contractual deficiencies, including but not limited to failure to perform the Work in accordance with the Contract Documents, failure to comply with the directions of City or failure pay its creditors, City may terminate this Contract for default. Following a termination for default, City shall have the right to take whatever steps it deems necessary to correct any deficient element of the Work and charge the cost thereof to Contractor, who shall be liable for the full cost of City's corrective action, including reasonable overhead, profit and attorneys' fees.

41.2. City may at any time terminate the Contract at City's convenience upon five (5) days written notice to Contractor. In the event of termination for convenience, Contractor shall recover only the actual cost of work completed to the date of termination, which cost shall be documented to City’s satisfaction, plus a reasonable amount not to exceed fifteen percent (15%) of the actual cost of the Work performed for overhead and profit. Contractor shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of such termination.

41.3. If City terminates Contractor for default, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under section 11.2, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.

41.4. City may, in writing, order Contractor to suspend all or any part of the Contractor's Work for the City's convenience or an account of events beyond City's control. If City suspends Contractor's performance for more than 120 consecutive days, an adjustment to the Contractor's compensation may be made for increased costs, if any.

41.5. The performance of work under the Agreement may be terminated by Brentwood, in its discretion, upon application therefore by the Contractor for unforeseen causes beyond the control and without the fault or negligence of the Contractor, including acts of God, acts of the public enemy, governmental acts, fires and epidemics, if such, causes irrecoverably disrupt or render impossible the Contractors performance hereunder. An “act of God” shall mean an earthquake, flood, cyclone, or other cataclysmic phenomenon of nature beyond the power of the Contractor to foresee or make preparation in defense against.

42. Hold Harmless And Indemnification.

42.1. The City and its officers, agents and employees thereof connected with the Work, shall not be answerable or accountable in any manner for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person; or for damage to property from any cause except losses due to sole or active negligence of the City's officers, agents or employees.

42.2. To the fullest extent allowed by law, Contractor shall defend, indemnify and hold harmless the City, its elected and appointed officers, Contractors, and employees and agents (the "City Parties"), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs, resulting from injury to or death sustained by any person (including Contractor's employees), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with the performance of the Work, regardless of the Contractor’s fault or negligence, including any of the same resulting from City Parties' alleged or actual negligent act or omission; except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole negligence or willful misconduct of the City Parties. This indemnification shall extend to claims asserted after termination of this Contract for whatever reason.

42.3. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City, may be retained by the City until disposition has been made of such suits or claims for damage.

43. Insurance.

43.1. Contractor shall obtain, at its sole cost and expense, all insurance required by this section 13. Certificates of such insurance and copies of the insurance policies and endorsements shall be delivered to City within ten (10) days after being notified of the award of the Contract, and before execution of the Contract by the City.

43.2. The insurance requirements specified herein shall apply to all subContractors, although the limits of insurance may be reduced with the City's written consent. The Contractor shall designate appropriate insurance limits for subContractors which shall be subject to the approval of the City. It shall be the responsibility of the Contractor to ensure that all subContractors comply with this provision, and to verify their compliance when requested by the City. The Contractor shall not allow any subContractor to commence work until all insurance required of the subContractor has been obtained and verified by the Contractor. SubContractors shall furnish original certificates and endorsements as verification of insurance coverage. Upon request, Contractor shall deliver certificates of insurance or copies of the insurance policies and endorsements of all subContractors to City; provided, however, that this shall not relieve Contractor of its obligation to ascertain the existence of such insurance.

43.3. The insurance required by this section 13 shall be maintained by Contractor in full force and effect at all times during prosecution of the Work and until the expiration of the warranty period following the final completion and acceptance thereof by City, and every policy shall be endorsed to state that it shall not be assigned, cancelled, or reduced in coverage without thirty (30) days’ prior written notice to City. Every policy shall also be endorsed to state that the City shall be given written notice of nonrenewal at least thirty (30) days prior to the nonrenewal date.

43.4. The following are the minimum insurance requirements of this Contract:

(a) Contractor shall maintain a Commercial General Liability insurance policy (on Insurance Services Office form number CG 0001 – “occurrence” form) insuring Contractor for an amount not less than One Million Dollars ($1,000,000.00) per occurrence with an annual aggregate limit of not less than Two Million Dollars ($2,000,000.00) for bodily injury, personal injury and property damage.

(b) Contractor shall maintain an Automobile Liability insurance policy (on Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 "any auto," and endorsement CA 0025) insuring Contractor for an amount not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.

(c) Contractor shall maintain a Workers’ Compensation and Employers’ Liability policy written in accordance with the laws of the State of California and providing coverage for any and all employees of Contractor as follows:

(1) This policy shall provide coverage for Workers’ Compensation (Coverage A) in accordance with California law.

(2) This policy shall also provide coverage for One Million Dollars ($1,000,000.00) Employers’ Liability (Coverage B).

(d) All of the following endorsements are required to be made a part of each of the required policies, except for the Workers’ Compensation and Employers’ Liability policies:

(1) "The City of Brentwood and its employees, officers, agents and Contractors are hereby added as additional insureds, but only as respects work done by, for on behalf of the named insured."

(2) "This policy shall be considered primary insurance as respects any other valid and collectible insurance, self-insurance or joint self-insurance the City may possess, including any self-insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance only and shall not contribute with it."

(e) The City reserves the right to require complete, certified copies of all required insurance policies at any time.

(f) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the additional insured parties.

(g) Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

(h) Insurance is to be placed with insurers with a Best’s rating of no less than A:VII.

(i) Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

43.5. Waiver of Subrogation. City and Contractor waive all rights against each other and against all other subContractors for loss or damage to the extent covered by Builder's Risk or any other property or equipment insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance less their pro-rata share of the deductible. If the policies of insurance referred to in this section require an endorsement or consent of the insurance company to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed or obtain such consent.

43.6. Insurance Requirements are Material Element of Performance. In the event of the breach of any provision of this section, or in the event of any notices received which indicate any required insurance coverage will be diminished or canceled, City, at its option, may, notwithstanding any other provisions of this Contract to the contrary, immediately declare a material breach of this Contract and suspend all further work pursuant to this Contract.

44. Laws To Be Observed.

44.1. Contractor shall keep itself fully informed of all existing and future state and federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

44.2. Contractor shall at all times observe and comply with, and shall cause all of its agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Work and shall protect and indemnify the City, and all officers and employees thereof against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree by Contractor, its agents or employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or Contract for the Work in relation to any such law, ordinance, regulation, order or decree, Contractor shall forthwith report the same to the City in writing.

44.3. Contractor must insure that employees and applicants for employment are not discriminated against on the basis of age, color, race, national origin, ancestry, religion, sex, sexual preference or marital status, and shall comply with the Americans with Disabilities Act.

45. Notices. All notices required under this Agreement shall be given in writing, sent via facsimile or US Mail, addressed to the recipient at the address set forth below the signatures at the end of this Agreement.

For City: Contractor:
Name: Name:
Address: Title:
Phone No.: Address:
Attn: Phone No.:
Facsimile No: Facsimile No:

46. Differing Site Conditions.

46.1. The Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any:

(a) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

(b) Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, or

(c) Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.

46.2. The City shall promptly investigate the conditions, and if it finds that such conditions do materially so differ, or do involve hazardous waste, and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work, it shall issue a change order under the provisions described in the Contract Documents.

46.3. No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required in the Contract Documents.

46.4. In the event a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the Work, Contractor shall not be excused from completing the Work as provided in the Contract Documents. The Contractor shall proceed with the Work. The Contractor shall retain any and all rights provided either by this Contract or by law which pertain to the resolution of disputes and protests.

47. Records and Audits.

47.1. Contractor and its subContractors shall establish and maintain records pertaining to this Contract. Contractor’s and subContractors’ accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, invoices and vouchers.

47.2. Contractor shall permit City and its authorized representatives to inspect and examine Contractor’s books, records, accounts, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. City further reserves the right to examine and re-examine said books, records, accounts, and data during the three (3) year period following the termination of this Contract. Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for this three-year period.

48. Independent Contractor.

48.1. In performing the Work, Contractor shall be, and is, an independent Contractor and not an employee of City. Contractor shall have and exercise full control and supervision of the Work, and full control over the employment, direction, compensation and discharge of all persons assisting Contractor in the performance of the Work. Contractor shall be solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding and other all other regulations governing such matters

48.2. The relationship between City and Contractor is not exclusive. Contractor may perform services for and contract with as many additional clients, persons or companies as Contractor sees fit. City may contract with others for performance of the same or services similar to those covered by this Agreement at its discretion.

48.3. Contractor shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, income and personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the Work to be performed by Contractor.

48.4. Additional Charges. Charges from Contractor to City will not be honored or paid by City unless the charges are authorized and approved by City at the time the Work for which a charge is submitted is being performed.

48.5. Clean-up. Contractor will remove all debris, unused materials or equipment resulting from performance of the Work, no less often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours' notice to Contractor, clean up the site and deduct the cost from monies due or to become due to the Contractor.

49. Non-Collusion Affidavit. In accordance with Public Contract Code Section 7106, the Contractor is required to execute a Non-Collusion Affidavit in the form attached hereto. Contractor shall submit the executed Affidavit to the City with the signed Contract.

50. Severability/Partial Invalidity. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.

51. Governing Law/Venue. This Agreement shall be governed by the laws of the State of California. Any litigation regarding this Agreement or its contents shall be filed in the County of Contra Costa, if in state court, or in the federal court assigned to Contra Costa County, if in federal court.

52. Counterparts. This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed, shall together constitute one and the same instrument.

53. Authorized Signatories. All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s).

54. Conflicts of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way affect Contractor’s performance of Work under this Contract. Contractor further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subContractor without the express written consent of City. Contractor agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the City in the performance of this Contract.

55. Remedies Not Exclusive. Except as provided in Sections11.2 and 11.3, no remedy herein conferred upon or reserved to City is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise.

56. Successors and Assigns. All representations, covenants and warranties set forth in this Contract, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns. Other than City, Contractor and their successors and assigns, there are no other beneficiaries of this agreement.

57. Headings. The headings of the several sections, and any table of contents appended hereto, shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof.

58. No Waiver of Default. No delay or omission of City to exercise any right or power arising upon the occurrence of any event of default shall impair any such right or power or shall be construed to be a waiver of any such default of an acquiescence therein; and every power and remedy given by this Agreement to City shall be exercised from time to time and as often as may be deemed expedient in the sole discretion of City.

59. Amendment and Restatement. This Agreement amends and restates the Original Agreement in its entirety. The Original Agreement is of no further force and effect.

60. Business License Requirement. Contractor shall at all times it is performing the Work have and maintain a City of Brentwood Business License.

[Rest of this page is blank.]

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826.

IN WITNESS WHEREOF, the City and Contractor have executed this Contract as of the date first above written.


Contractor


By:

Printed Name:

Title:

Date:

License No.:
City of Brentwood:



By:
Donna Landeros, City Manager

Date:


ATTEST:


By:
Margaret Wimberly, City Clerk


APPROVED AS TO FORM:


By:
Damien B. Brower, City Attorney


“EXHIBIT A”
SPECIAL PROVISIONS


1. Displaced Janitor Opportunity Act. Any janitorial Contractor or subContractor employing 25 or more individuals shall be subject to the employee retention and reporting provisions of the Displaced Janitor Opportunity Act (Labor Code §§ 1060-1065). A copy of this Act’s legal requirements are attached hereto.

2. Cooperation and Care.

2.1 Should construction be under way by the City, other agencies or other Contractors within or adjacent to the limits of the Work or should work of any other nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other Contractors or other forces to avoid any delay or hindrance to their work. The City reserves the right to perform other or additional work at or near the site (including material sources) at any time, by the use of other forces.

2.2 Until the final acceptance of the contract, the Contractor shall have the charge and care of the Work and of the materials to be used therein, including materials for which partial payment has been received. The City shall not be held responsible for the care or protection of any material or parts of the Work prior to final acceptance, except as expressly provided in the Special Provisions.

3. Progress of the Work.

3.1 Hours of work - Overtime and holidays. The Contractor shall perform all work during the hours of 5:00 PM – 5:00 AM, Monday through Friday unless otherwise authorized by the City in writing. If the Contractor wishes to work during any other hours or on weekends, written permission must be received from the City. The request must be received at least two (2) working days in advance of any work. No work will be allowed on holidays except in the case of an emergency. If Contractor requests overtime work in which the City will incurs costs, Contractor shall be responsible for payment of the City’s costs incurred in connection with the overtime work. The City will invoice the Contractor at time and one half to cover the costs incurred. If Contractor does not pay the invoice within ten days, the City may deduct the amount billed from other payments due or to become due to Contractor under the Contract.

3.2 A working day is defined as any calendar day other than a Saturday, Sunday or holiday observed by the State of California.

3.3 The City shall have the authority to suspend the Work wholly or in part, for such a period as the City may deem necessary.

4. Limits Of Work. The "limits of work" are shown on the plans (where applicable). The Contractor shall make its own arrangements, and pay all expenses for additional area required outside of the limits of work unless provided in the Special Provisions.

5. Project Managers.

5.1 City designates the following individual as its representative on the Project:
City’s Project Manager: Ken De Silva, Landscape/Facilities Manager
5.2 Contractor designates the following individual as its representative on the Project:
Contractor’s Project Manager:
Name & Title
5.3 The Contractor may designate a different Project Manager only with the City's prior written authorization.

6. Janitorial Service Bond. Contractor shall, at no cost to Brentwood, obtain and maintain during the term of this Agreement a Janitorial Service Bond in the amount of $5,000. Concurrently with execution of the Contract, the Contractor shall furnish the Janitorial Service Bond on a form approved by Brentwood and executed by a corporate surety authorized to issue surety bonds in the State and acceptable to Brentwood. Contractor shall furnish the original bond showing a commencement date no later than the effective date of this Agreement and an expiration date no earlier than six (6) months after the expiration date of this Agreement.


EXHIBIT B
CURRENT CONTRACT RATE SHEET

Contract Rate Sheet


Building Address Square Footage (Approx.) Monthly Price
Heritage High School 101 American Avenue 100 $109
Council Chamber 724 Third Street 786 $218
Parks & Recreation
- Administration
- Parks Planning Area
- Recreation Area 730 Third Street
1050
715
715 $413
Community Center 730 Third Street 9575 $1103
Police Department 9100 Brentwood Blvd. 43,984 $3445
Police Department Data Center 9100 Brentwood Blvd. 3,650 $397
Police Substation 201 John Muir Parkway $218
Public Works Trailers
- Solid Waste/Transfer Station
- Administration (Bldg C)
- Fleet/Warehouse (Bldg D)
- Streets (Bldg E)
- Water
- Conference Room (Bldg H) 2300/2201 Elkins Way





2280 $653
Corp Yard Mechanic Shop 2201 Elkins Way 150 $219
Wastewater Treatment Plant 2201 Elkins Way 6500 $789
Parks (Bldg B) 2201 Elkins Way 150 $216
Women’s Club 648 Second Street 1100 $220

Additional Work:
- Strip and Refinish Floors $27.00/hr
- Graffiti Removal $45.00/hr
- Window Washing $25.00/hr
- Pressure Washing $55.00/hr
- Shampoo & Extract Carpet $0.15 per square foot













CONTRACT FOR JANITORIAL SERVICES

This Contract for Janitorial Services (the "Contract") is made this _____ day of , 2007 by and between the City of Brentwood (the "Owner" or "City") and Dependable Janitorial Services (the "Contractor").

Recitals

A. WHEREAS, the City solicited a Request for Proposals (RFP) for Janitorial Services in the manner prescribed by law; and

B. WHEREAS, Contractor represents that it is qualified and willing to provide such services; and

C. WHEREAS, after review of all proposals submitted, City determined that Contractor was the lowest responsive, responsible respondent; and

Agreement

FOR VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

61. Contract Documents. The following documents are incorporated into and made part of this Contract by this reference:

(a) Request for Proposals

(b) Exhibit “A” - Special Provisions

(c) Exhibit “B” - Current Contract Rate Sheet

The documents shall be referred to collectively as the "Contract Documents".

62. Scope.

62.1. Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, testing and/or any other act or thing required to diligently and fully perform and complete the work generally described as follows: Janitorial Services (the "Work").

62.2. The Work shall be performed in accordance, and Contractor shall comply, with all requirements of the Contract Documents. Where there is a conflict between the requirements of the various Contract Documents, the more stringent requirements shall govern.

62.3. Without limiting the foregoing description, Contractor’s scope of work includes, but is not limited to, the following:

(a) Provide labor, material and equipment required for the Work.

(b) Submit all required samples, product data, certificates, operations and maintenance instructions, guarantees, and other submittals as requested by City.

(c) Obtain all necessary permits and approvals for the Work.

(d) Protect all materials to be used in the Work in accordance with the specifications and local, state and federal law.

(e) Protect existing facilities and personal property.

(f) Prepare and submit a written daily activity report to City for each day on which work is performed, including weekends and holidays when worked, and submit the reports to the City no later than the next business day.

(g) Unload, hoist and otherwise handle Contractor's own materials, supplies and equipment.

(h) Coordinate with Owner-scheduled events.

(i) Comply with all local codes and regulations that regulate and govern the Work.

(j) Provide suitable and adequate sanitary conveniences that conform with local regulations at suitable locations for the use of Contractor's employees and its subContractors.

62.4. Contractor shall perform the work with due care, in accordance with generally accepted practices for janitorial services and the scope of Contractor's obligations under this Contract.

63. Price.

63.1. City agrees to pay, and Contractor agrees to accept, for full performance of the Work, the unit prices for routine janitorial services and Additional Work set forth in this Contract. The total amount paid to Contractor shall be $74,417 for remaining FY 07-08 (Oct. 2007 – June 2008), $102,199 for FY 08-09 (cost of living included)), $105,265 for FY 09-10 (cost of living included). (the “Contract Price”) subject to adjustments for changes in the Work as may be directed in writing by City. All amounts paid to Contractor under the original contract are credit against the Contract Price.

63.2. Contractor shall submit written applications for progress payments in a form satisfactory to City on or before the first day of each month on account of routine janitorial services and Additional Work provided during the preceding month. For routine janitorial services, the payment applications shall be based on the tasks satisfactorily completed. For properly authorized Additional Work, the payment applications shall identify each person performing Work, the time each person spends on each task (in units not to exceed one quarter hour) and shall be based on the rates in the Current Contract Rate Sheet.

63.3. Within thirty (30) days after receipt of each application for progress payment, City shall verify the accuracy of the progress payment application, correct the charges where appropriate, and make payment to Contractor in an amount equal to the amount of such application, as verified or corrected by City. No payment made hereunder shall be construed as evidence of acceptance of any part of the Work. City reserves the right to withhold payment from Contractor on account of Work not performed satisfactorily, delays in Contractor's performance of Work, or other defaults hereunder. City shall promptly notify Contractor of any invoiced amounts that City disputes, and City and Contractor shall work to promptly resolve any such disputes. Contractor shall not stop or delay performance of Work under this Agreement on account of payment disputes with City.

63.4. Payment to Contractor shall be considered as full compensation of all labor, supervision, materials, supplies, and equipment used in carrying out the Work. Contractor shall pay all taxes, including sales, use and income taxes, incurred in connection with performance of the Work.

63.5. City’s failure to discover or object to any unsatisfactory work or billing prior to payment will not constitute a waiver of City’s right to:

(a) Require Contractor to correct such work or billings; or

(b) Seek any other legal remedy.

63.6. Should Work be requested by City or proposed by Contractor that is beyond the Work described in the Contract Documents, the Contractor shall provide a written request for consideration of Additional Work to the City. Contractor shall not provide Additional Work until Contractor has received written approval from the City to perform same. Should the Contractor elect to proceed prior to receiving written approval by the City for Additional Work, the Contractor does so at Contractor’s own risk. In no event shall City pay for Additional Work made necessary by Contractor's errors or oversights. The City will pay for approved Additional Work at the rates set forth in this Contract.

63.7. Contractor agrees to furnish, as a condition of payment, payroll affidavits, receipts, vouchers, and other documents, in form satisfactory to City, prior to receipt of any payment.

64. Entire Agreement. This Contract and the documents incorporated herein by reference constitute the entire agreement between City and Contractor with regard to the subject matter of this agreement and supersede any prior written or oral representations.



65. Time.

65.1. Contractor shall continue performance of the Work without interruption.

65.2. Time is of the essence of this Contract.

65.3. Contractor shall provide City with scheduling information in a form acceptable to City, including any changes made by City in the scheduling of work. Contractor shall coordinate the Work with that of all other Contractors, subContractors and suppliers so as not to delay or damage their performance.

65.4. The initial term of this agreement shall be eighteen (18) months. City may elect to extend the term, at its sole discretion, for up to two additional two year terms by giving written notice to Contractor no later than 60 days before the initial term ends. If City elects to extend the term, the compensation payable to Contractor under Section 3 may be adjusted as the parties mutually agree.

66. Labor. The Contract is subject to the provisions of the California Labor Code and the Contractor and any subContractor must comply with all applicable provisions, including, but not limited to, the following:

6.1 Contractor shall comply with all applicable provisions of Sections 1810- 1815 of the California Labor Code relating to working hours. The Contractor, shall as a penalty to the City, forfeit the sum of twenty-five dollars ($25.00) for each worker employed in the execution of the Contract for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of eight (8) hours at not less than 1½ times the base rate of pay. Pursuant to Labor Code sections 1773.1 and 1773.9 and applicable wage determinations, the Contractor will pay travel and subsistence as required. Contractor and any subContractor shall keep accurate payroll records, in accordance with Section 1776 of the Labor Code, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the Work.


6.2 Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will be required to secure the payment of worker’s compensation to its employees in accordance with the provisions of Section 3700 of the Labor Code. Prior to commencement of the Work, the Contractor shall sign and file with the City a certification in the form attached to this Contract as Exhibit C:

"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of Section 3700."

67. Changes in Work.

67.1. City may, from time to time, request changes to this agreement or the Work. Such requests shall be made in writing by the City's Project Manager, and shall describe in detail the proposed additions, deletions, or modifications to the Work. Contractor shall respond to such request in writing, with a statement of the costs, expenses and time required to perform the requested work. Neither the City's request nor the Contractor's response shall constitute a modification of this Agreement. Any modification shall be contained in a written amendment to this Agreement signed by an authorized representative on behalf of City. City's execution of the amendment shall constitute authorization to proceed with the changed work.

67.2. Contractor shall make no changes in the Work without written direction from the City. Contractor shall not be compensated for any change made without any such written direction.

67.3. If the City directs the Contractor in writing to make changes in the Work that materially affect the cost of performing the Work, the Contract Price will be adjusted based on one of the following:

(a) Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices in Contractor's bid or proposal or this Contract to the quantities involved in the changed work;

(b) By establishment of new unit prices and related quantities for the changed work;

(c) By a combination of existing and new unit prices and related quantities for the changed work; or

(d) By mutual acceptance of a lump sum.

68. Claims. If any dispute shall arise between City and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation to City within ten (10) days after commencement of the disputed work. Contractor's failure to give written notice within the ten (10) day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work.

69. Inspection and Protection of Work.

69.1. Contractor shall make the Work accessible at all reasonable times for inspection by the City. Contractor shall, at the first opportunity, inspect all material and equipment delivered to the jobsite by others to be used or incorporated in the Work and give prompt notice of any defect therein. Contractor assumes full responsibility to protect the Work until final acceptance by the City.

70. Assignment and Subcontracting.

70.1. Contractor shall give personal attention to the performance of the Contract and shall keep the Work under its control.

70.2. No subContractors will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, who will be held responsible for their work pursuant to the provisions of the Contract Documents.

70.3. No subContractor who is ineligible to bid on, be awarded or perform work on a public works project under Labor Code Sections 1777.1 or 1777.7 can bid on, be awarded or perform work as a subContractor on the Project. The Contractor is prohibited from performing work on the Project with a subContractor who is ineligible to perform work on a public works project under these sections of the Labor Code.

70.4. When a portion of the Work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the City, the subContractor shall be removed immediately at the request of the City and shall not again be employed on the Work.

70.5. Contractor may not assign performance of the Contract except upon written consent of the City.

71. Termination and Suspension.

71.1. Should Contractor fail within five (5) working days from receipt of City's written notice to correct any contractual deficiencies, including but not limited to failure to perform the Work in accordance with the Contract Documents, failure to comply with the directions of City or failure pay its creditors, City may terminate this Contract for default. Following a termination for default, City shall have the right to take whatever steps it deems necessary to correct any deficient element of the Work and charge the cost thereof to Contractor, who shall be liable for the full cost of City's corrective action, including reasonable overhead, profit and attorneys' fees.

71.2. City may at any time terminate the Contract at City's convenience upon five (5) days written notice to Contractor. In the event of termination for convenience, Contractor shall recover only the actual cost of work completed to the date of termination, which cost shall be documented to City’s satisfaction, plus a reasonable amount not to exceed fifteen percent (15%) of the actual cost of the Work performed for overhead and profit. Contractor shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of such termination.

71.3. If City terminates Contractor for default, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under section 11.2, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.

71.4. City may, in writing, order Contractor to suspend all or any part of the Contractor's Work for the City's convenience or an account of events beyond City's control. If City suspends Contractor's performance for more than 120 consecutive days, an adjustment to the Contractor's compensation may be made for increased costs, if any.

71.5. The performance of work under the Agreement may be terminated by Brentwood, in its discretion, upon application therefore by the Contractor for unforeseen causes beyond the control and without the fault or negligence of the Contractor, including acts of God, acts of the public enemy, governmental acts, fires and epidemics, if such, causes irrecoverably disrupt or render impossible the Contractors performance hereunder. An “act of God” shall mean an earthquake, flood, cyclone, or other cataclysmic phenomenon of nature beyond the power of the Contractor to foresee or make preparation in defense against.

72. Hold Harmless And Indemnification.

72.1. The City and its officers, agents and employees thereof connected with the Work, shall not be answerable or accountable in any manner for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person; or for damage to property from any cause except losses due to sole or active negligence of the City's officers, agents or employees.

72.2. To the fullest extent allowed by law, Contractor shall defend, indemnify and hold harmless the City, its elected and appointed officers, Contractors, and employees and agents (the "City Parties"), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs, resulting from injury to or death sustained by any person (including Contractor's employees), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with the performance of the Work, regardless of the Contractor’s fault or negligence, including any of the same resulting from City Parties' alleged or actual negligent act or omission; except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole negligence or willful misconduct of the City Parties. This indemnification shall extend to claims asserted after termination of this Contract for whatever reason.

72.3. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City, may be retained by the City until disposition has been made of such suits or claims for damage.

73. Insurance.

73.1. Contractor shall obtain, at its sole cost and expense, all insurance required by this section 13. Certificates of such insurance and copies of the insurance policies and endorsements shall be delivered to City within ten (10) days after being notified of the award of the Contract, and before execution of the Contract by the City.

73.2. The insurance requirements specified herein shall apply to all subContractors, although the limits of insurance may be reduced with the City's written consent. The Contractor shall designate appropriate insurance limits for subContractors which shall be subject to the approval of the City. It shall be the responsibility of the Contractor to ensure that all subContractors comply with this provision, and to verify their compliance when requested by the City. The Contractor shall not allow any subContractor to commence work until all insurance required of the subContractor has been obtained and verified by the Contractor. SubContractors shall furnish original certificates and endorsements as verification of insurance coverage. Upon request, Contractor shall deliver certificates of insurance or copies of the insurance policies and endorsements of all subContractors to City; provided, however, that this shall not relieve Contractor of its obligation to ascertain the existence of such insurance.

73.3. The insurance required by this section 13 shall be maintained by Contractor in full force and effect at all times during prosecution of the Work and until the expiration of the warranty period following the final completion and acceptance thereof by City, and every policy shall be endorsed to state that it shall not be assigned, cancelled, or reduced in coverage without thirty (30) days’ prior written notice to City. Every policy shall also be endorsed to state that the City shall be given written notice of nonrenewal at least thirty (30) days prior to the nonrenewal date.

73.4. The following are the minimum insurance requirements of this Contract:

(a) Contractor shall maintain a Commercial General Liability insurance policy (on Insurance Services Office form number CG 0001 – “occurrence” form) insuring Contractor for an amount not less than One Million Dollars ($1,000,000.00) per occurrence with an annual aggregate limit of not less than Two Million Dollars ($2,000,000.00) for bodily injury, personal injury and property damage.

(b) Contractor shall maintain an Automobile Liability insurance policy (on Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 "any auto," and endorsement CA 0025) insuring Contractor for an amount not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.

(c) Contractor shall maintain a Workers’ Compensation and Employers’ Liability policy written in accordance with the laws of the State of California and providing coverage for any and all employees of Contractor as follows:

(1) This policy shall provide coverage for Workers’ Compensation (Coverage A) in accordance with California law.

(2) This policy shall also provide coverage for One Million Dollars ($1,000,000.00) Employers’ Liability (Coverage B).

(d) All of the following endorsements are required to be made a part of each of the required policies, except for the Workers’ Compensation and Employers’ Liability policies:

(1) "The City of Brentwood and its employees, officers, agents and Contractors are hereby added as additional insureds, but only as respects work done by, for on behalf of the named insured."

(2) "This policy shall be considered primary insurance as respects any other valid and collectible insurance, self-insurance or joint self-insurance the City may possess, including any self-insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance only and shall not contribute with it."

(e) The City reserves the right to require complete, certified copies of all required insurance policies at any time.

(f) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the additional insured parties.

(g) Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

(h) Insurance is to be placed with insurers with a Best’s rating of no less than A:VII.

(i) Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

73.5. Waiver of Subrogation. City and Contractor waive all rights against each other and against all other subContractors for loss or damage to the extent covered by Builder's Risk or any other property or equipment insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance less their pro-rata share of the deductible. If the policies of insurance referred to in this section require an endorsement or consent of the insurance company to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed or obtain such consent.

73.6. Insurance Requirements are Material Element of Performance. In the event of the breach of any provision of this section, or in the event of any notices received which indicate any required insurance coverage will be diminished or canceled, City, at its option, may, notwithstanding any other provisions of this Contract to the contrary, immediately declare a material breach of this Contract and suspend all further work pursuant to this Contract.

74. Laws To Be Observed.

74.1. Contractor shall keep itself fully informed of all existing and future state and federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

74.2. Contractor shall at all times observe and comply with, and shall cause all of its agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Work and shall protect and indemnify the City, and all officers and employees thereof against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree by Contractor, its agents or employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or Contract for the Work in relation to any such law, ordinance, regulation, order or decree, Contractor shall forthwith report the same to the City in writing.

74.3. Contractor must insure that employees and applicants for employment are not discriminated against on the basis of age, color, race, national origin, ancestry, religion, sex, sexual preference or marital status, and shall comply with the Americans with Disabilities Act.

75. Notices. All notices required under this Agreement shall be given in writing, sent via facsimile or US Mail, addressed to the recipient at the address set forth below the signatures at the end of this Agreement.

For City: Contractor:
Name: Name:
Address: Title:
Phone No.: Address:
Attn: Phone No.:
Facsimile No: Facsimile No:

76. Differing Site Conditions.

76.1. The Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any:

(a) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

(b) Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, or

(c) Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.

76.2. The City shall promptly investigate the conditions, and if it finds that such conditions do materially so differ, or do involve hazardous waste, and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work, it shall issue a change order under the provisions described in the Contract Documents.

76.3. No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required in the Contract Documents.

76.4. In the event a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the Work, Contractor shall not be excused from completing the Work as provided in the Contract Documents. The Contractor shall proceed with the Work. The Contractor shall retain any and all rights provided either by this Contract or by law which pertain to the resolution of disputes and protests.

77. Records and Audits.

77.1. Contractor and its subContractors shall establish and maintain records pertaining to this Contract. Contractor’s and subContractors’ accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, invoices and vouchers.

77.2. Contractor shall permit City and its authorized representatives to inspect and examine Contractor’s books, records, accounts, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. City further reserves the right to examine and re-examine said books, records, accounts, and data during the three (3) year period following the termination of this Contract. Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for this three-year period.

78. Independent Contractor.

78.1. In performing the Work, Contractor shall be, and is, an independent Contractor and not an employee of City. Contractor shall have and exercise full control and supervision of the Work, and full control over the employment, direction, compensation and discharge of all persons assisting Contractor in the performance of the Work. Contractor shall be solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding and other all other regulations governing such matters

78.2. The relationship between City and Contractor is not exclusive. Contractor may perform services for and contract with as many additional clients, persons or companies as Contractor sees fit. City may contract with others for performance of the same or services similar to those covered by this Agreement at its discretion.

78.3. Contractor shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, income and personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the Work to be performed by Contractor.

78.4. Additional Charges. Charges from Contractor to City will not be honored or paid by City unless the charges are authorized and approved by City at the time the Work for which a charge is submitted is being performed.

78.5. Clean-up. Contractor will remove all debris, unused materials or equipment resulting from performance of the Work, no less often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours' notice to Contractor, clean up the site and deduct the cost from monies due or to become due to the Contractor.

79. Non-Collusion Affidavit. In accordance with Public Contract Code Section 7106, the Contractor is required to execute a Non-Collusion Affidavit in the form attached hereto. Contractor shall submit the executed Affidavit to the City with the signed Contract.

80. Severability/Partial Invalidity. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.

81. Governing Law/Venue. This Agreement shall be governed by the laws of the State of California. Any litigation regarding this Agreement or its contents shall be filed in the County of Contra Costa, if in state court, or in the federal court assigned to Contra Costa County, if in federal court.

82. Counterparts. This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed, shall together constitute one and the same instrument.

83. Authorized Signatories. All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s).

84. Conflicts of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way affect Contractor’s performance of Work under this Contract. Contractor further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subContractor without the express written consent of City. Contractor agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the City in the performance of this Contract.

85. Remedies Not Exclusive. Except as provided in Sections11.2 and 11.3, no remedy herein conferred upon or reserved to City is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise.

86. Successors and Assigns. All representations, covenants and warranties set forth in this Contract, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns. Other than City, Contractor and their successors and assigns, there are no other beneficiaries of this agreement.

87. Headings. The headings of the several sections, and any table of contents appended hereto, shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof.

88. No Waiver of Default. No delay or omission of City to exercise any right or power arising upon the occurrence of any event of default shall impair any such right or power or shall be construed to be a waiver of any such default of an acquiescence therein; and every power and remedy given by this Agreement to City shall be exercised from time to time and as often as may be deemed expedient in the sole discretion of City.

89. Amendment and Restatement. This Agreement amends and restates the Original Agreement in its entirety. The Original Agreement is of no further force and effect.

90. Business License Requirement. Contractor shall at all times it is performing the Work have and maintain a City of Brentwood Business License.

[Rest of this page is blank.]

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826.

IN WITNESS WHEREOF, the City and Contractor have executed this Contract as of the date first above written.


Contractor


By:

Printed Name:

Title:

Date:

License No.:
City of Brentwood:



By:
Donna Landeros, City Manager

Date:


ATTEST:


By:
Margaret Wimberly, City Clerk


APPROVED AS TO FORM:


By:
Damien B. Brower, City Attorney


“EXHIBIT A”
SPECIAL PROVISIONS


1. Displaced Janitor Opportunity Act. Any janitorial Contractor or subContractor employing 25 or more individuals shall be subject to the employee retention and reporting provisions of the Displaced Janitor Opportunity Act (Labor Code §§ 1060-1065). A copy of this Act’s legal requirements are attached hereto.

2. Cooperation and Care.

2.1 Should construction be under way by the City, other agencies or other Contractors within or adjacent to the limits of the Work or should work of any other nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other Contractors or other forces to avoid any delay or hindrance to their work. The City reserves the right to perform other or additional work at or near the site (including material sources) at any time, by the use of other forces.

2.2 Until the final acceptance of the contract, the Contractor shall have the charge and care of the Work and of the materials to be used therein, including materials for which partial payment has been received. The City shall not be held responsible for the care or protection of any material or parts of the Work prior to final acceptance, except as expressly provided in the Special Provisions.

3. Progress of the Work.

3.1 Hours of work - Overtime and holidays. The Contractor shall perform all work during the hours of 5:00 PM – 5:00 AM, Monday through Friday unless otherwise authorized by the City in writing. If the Contractor wishes to work during any other hours or on weekends, written permission must be received from the City. The request must be received at least two (2) working days in advance of any work. No work will be allowed on holidays except in the case of an emergency. If Contractor requests overtime work in which the City will incurs costs, Contractor shall be responsible for payment of the City’s costs incurred in connection with the overtime work. The City will invoice the Contractor at time and one half to cover the costs incurred. If Contractor does not pay the invoice within ten days, the City may deduct the amount billed from other payments due or to become due to Contractor under the Contract.

3.2 A working day is defined as any calendar day other than a Saturday, Sunday or holiday observed by the State of California.

3.3 The City shall have the authority to suspend the Work wholly or in part, for such a period as the City may deem necessary.

4. Limits Of Work. The "limits of work" are shown on the plans (where applicable). The Contractor shall make its own arrangements, and pay all expenses for additional area required outside of the limits of work unless provided in the Special Provisions.

5. Project Managers.

5.1 City designates the following individual as its representative on the Project:
City’s Project Manager: Ken De Silva, Landscape/Facilities Manager
5.2 Contractor designates the following individual as its representative on the Project:
Contractor’s Project Manager:
Name & Title
5.3 The Contractor may designate a different Project Manager only with the City's prior written authorization.

6. Janitorial Service Bond. Contractor shall, at no cost to Brentwood, obtain and maintain during the term of this Agreement a Janitorial Service Bond in the amount of $5,000. Concurrently with execution of the Contract, the Contractor shall furnish the Janitorial Service Bond on a form approved by Brentwood and executed by a corporate surety authorized to issue surety bonds in the State and acceptable to Brentwood. Contractor shall furnish the original bond showing a commencement date no later than the effective date of this Agreement and an expiration date no earlier than six (6) months after the expiration date of this Agreement.


EXHIBIT B
CURRENT CONTRACT RATE SHEET

Contract Rate Sheet


Building Address Square Footage (Approx.) Monthly Price
Aquatic Complex 195 Griffith Lane 3182 $1163
City Hall 150 City Park Way 9750 $905
Community Development 104, 118 Oak Street 9786 $1042
Engineer Department 120 Oak Street 7874 $887
Library 751 Third Street 7400 $690
Los Medanos College 101 Sand Creek Road #A 17,250 $1552
Brentwood Technology Center 101 Sand Creek Road #B 11,717
(non tenant areas) $951

Additional Work:
- Pressure Washing $20.49/hr
- Carpet Cleaning $17.75/hr
- Window Washing $21.15/hr
- Event Cleaning $13.91/hr
- Strip, Seal & Wax Floors $23.70/hr



 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov