RFP Janitorial Services 2023REQUEST FOR PROPOSALS / QUALIFICATIONS
The City of La Quinta (City) seeks proposals from qualified firms to provide Janitorial services for the
City.
Project/Services Title: Janitorial Services
Issue Date: March 22, 2023
DUE DATE: May 5, 2023
Requesting Department: Public Works/Facilities Department
GENERAL TERMS AND CONDITIONS
1. SUBMISSION REQUIREMENTS
Proposals can be submitted via email. All proposals must bear original or electronic signatures.
Submit one (1) original, as a single document in a .PDF format, to the following contact:
City of La Quinta
Attn: Carley Escarrega, Management Assistant
78495 Calle Tampico
La Quinta, California 92253
Tel: (760) 777 — 7096
Email: cescarrega(c�LaQuintaCA.gov
Email Subject: RFP — Janitorial Services
2. SUBMISSION RESTRICTIONS
All proposals must be submitted in writing; no oral, facsimile, or telephone proposals or modifications
will be considered. Proposals received after the due date and time are considered non -responsive,
and will be returned unopened.
3. QUESTIONS or REQUESTS FOR CLARIFICATIONS
Any requests for clarification or other questions concerning this RFP must be submitted in writing by
April 18, 2023; and sent via email to Carley Escarrega, Management Assistant, at
cescarrega@laquintaca.gov.
4. ERRORS AND OMISSIONS
If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP or
any of its attachments, he/she shall immediately notify the City of such error in writing and request
modification or clarification of the document. Modifications will be made by addenda. Clarifications
will be provided in writing to all parties who have submitted proposals or who have requested an RFP
for purposes of preparing a proposal, without divulging the source of the request.
If a proposer fails to notify the City prior to the date fixed for submission of proposals of an error in
the RFP known to him/her, or an error that reasonably should have been known to him/her, he/she
shall submit a proposal at his/her own risk, and if he/she is awarded an agreement, he/she shall not
be entitled to additional compensation or time by reason of the error or any corrections thereof.
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5. MODIFICATIONS AND WITHDRAWALS OF SUBMITTED PROPOSALS
Proposer may withdraw proposals prior to the Submittal Deadline by submitting a written request to
Carley Escarrega, Management Assistant, at cescarreg�ic.LaQuintaCA.gov. Withdrawn proposals
will be returned unopened.
Proposers may modify proposals prior to the Submittal Deadline by withdrawing their proposal as
noted above and re -submitting anew before the Submittal Deadline.
6. ADDENDA
The City may modify this RFP, any of its key action dates, or any of its attachments, prior to the
submittal deadline. Addenda will be numbered consecutively and noted following the RFP title. It is
the proposer's responsibility to ensure they have incorporated all addenda. Failure to acknowledge
and incorporate addenda will not relieve the proposer from the responsibility to meet all terms and
conditions of the RFP and any subsequent addenda.
7. REJECTION OF PROPOSALS
The City may reject any or all proposals in whole or in part for any reason, including suspicion of
collusion among proposers, and may waive any immaterial deviation in a proposal. The City's waiver
of an immaterial defect shall in no way modify the RFP as published or excuse the proposer from full
compliance with the specifications if he/she is awarded the agreement. Proposals referring to terms
and conditions other than the City's terms and conditions as listed in the RFP, may be rejected as
being non -responsive.
The City may conduct an investigation as deemed necessary to determine the ability of the proposer
to perform the work, and the proposer shall furnish to the City all such information and data for this
purpose as requested by the City. The City reserves the right to reject any proposal if the evidence
submitted by, or investigation of, such proposer fails to satisfy the City that such proposer is properly
qualified to carry out the obligations of the agreement and to complete the work specified.
8. CANCELLATION OF RFP
This RFP does not obligate the City to enter into an agreement. The City reserves the right to cancel
this RFP at any time, should the project be cancelled, the City loses the required funding, or it is
deemed in the best interest of the City. No obligation, either expressed or implied, exists on the part
of the City to make an award or to pay any cost incurred in the preparation or submission of a proposal.
9. DISPUTES/PROTESTS
The City encourages proposers to resolve issues regarding the requirements or the procurement
process through written correspondence and discussions during the period in which clarifying
addenda may be issued. The City wishes to foster cooperative relationships and to reach a fair
agreement in a timely manner. Formal proposals for major professional and technical services shall
be governed by the City's Purchasing Policy.
10. NEGOTIATIONS AND FINAL AGREEMENT
The City's Agreement for Contract Services is enclosed as Attachment 2 for review prior to submitting
a proposal. An agreement will not be binding or valid with the City unless and until it is executed by
authorized representatives of the City and of the selected proposer. At the discretion of the City, any
or all parts of the successful proposal shall be made a binding part of the agreement.
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11. PRICING ADJUSTMENTS
The City reserves the right to negotiate final pricing with the most qualified proposer. Pricing shall
remain firm for the entire initial term of the agreement. Thereafter, any proposed pricing adjustment
for additional periods, if any, shall be subject to the terms of the agreement.
12. SELECTION PROCESS
Proposals shall be reviewed and rated based on the information requested by this RFP, as well as
responses from references and clients, background checks, any research on proposers, and other
information pertinent to the evaluation process. Closely ranked firms may be asked to furnish
evidence of capability, equipment, and financial resources to adequately provide the services.
13.
14.
RFP TIMELINE
RFP Issue Date:
March 21, 2023
Pre -Proposal Walk Through:
April 4, 2023 at 9:00 am
Deadline for Proposers' Questions:
April 18, 2023
Proposals Submittal Deadline:
May 5, 2023
Agreement Negotiations and Signing, Proof
of Insurance Coverage, Forms 700:
May 15, 2023
City Council Consideration and Approval:
June 6, 2023
Agreement Effective Date and
Project Start Date:
July 1, 2023
PROPRIETARY, CONFIDENTIAL, AND PUBLIC INFORMATION
14.1 Proprietary and Trade Secret Information:
A copy of each proposal will be retained as an official record and will become open to public
inspection, unless the proposal or specific parts can be shown to be exempt by the California
Public Records Act [California Government Code §6250 et seq]. Each proposer may clearly
label part of a proposal as "Confidential" if the proposer thereby agrees to indemnify and
defend the City for honoring such a designation. The failure to so label any information that is
released by the City will constitute a complete waiver of all claims for damages caused by any
release of the information. If a request for public records for labeled information is received by
the City, the City will notify the proposer of the request and delay access to the material until
seven working days after notification to the proposer. Within that time delay, it will be the duty
of the proposer to act in protection of its labeled information. Failure to so act will constitute a
complete waiver.
14.2 Confidential Information:
Evaluation scores, weight factors, and negotiation notes are confidential and will not be
released or retained [California Government Code §6254(a)].
14.3 Public Information:
All proposals will be opened on May 5, 2023, and will be made available to the public upon
request. By submitting a proposal, the proposer acknowledges and accepts that the content
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of the proposal and associated documents will become open to public inspection. The final,
executed agreement will be a public document. Proposals and other information will not be
returned.
15. PROPOSAL PREPARATION COSTS
Any costs incurred in the preparation of a proposal, preparation of changes or additions requested by
the City, presentation to the City, travel in conjunction with such presentations, or samples of items,
shall be entirely the responsibility of the proposer.
16. INSURANCE REQUIREMENTS and ACKNOWLEDGEMENT
Proposals must include a completed "Insurance Requirements Acknowledgment" form included as
Attachment 3 stating that, if selected, the proposer will provide the minimum insurance coverage and
indemnification noted in Exhibits E and F, respectively, of the City's Agreement for Contract Services.
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence); $2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Worker's Compensation (per statutory requirements)
Must include the following endorsements:
Worker's Compensation Waiver of Subrogation
Worker's Compensation Declaration of Sole Proprietor if applicable
17. NON -COLLUSION AFFIDAVIT
Proposals must include an executed Non -Collusion Affidavit, included as Attachment 4, executed by
an official authorized to bind the firm.
18. CONFLICT OF INTEREST
The City requires a Statement of Economic Interest (Form 700) to be filed by any proposer who is
involved in the making of decisions which may have a foreseeable material effect on any City financial
interest pursuant to the City's Conflict of Interest Code and the California Political Reform Act of 1974.
19. LOCAL BUSINESS PREFERENCE
Local vendors are encouraged, but not required. For purposes of this section, `local' shall be defined
as an individual, partnership, or corporation, which regularly maintains a place of business within a
40-mile radius of the City.
20. CITY RIGHTS AND OPTIONS
The City reserves the right to:
■ Make the selection based on its sole discretion;
■ Issue subsequent RFP;
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■ Postpone opening proposals or selection for any reason;
■ Remedy errors in the RFP or in the RFP process;
■ Modify the Scope of Services in the RFP;
■ Approve or disapprove the use of particular subcontractors;
■ Negotiate with any, all or none of the proposers;
■ Accept other than the lowest offer;
■ Waive informalities and irregularities in proposals;
■ Request additional information or clarification;
■ Request revisions during negotiations;
■ Invite any consultant of its choosing to assist with the evaluation of proposal responses or
to provide the City with a second opinion
■ Enter into an agreement with another proposer in the event the originally selected proposer
defaults or fails to execute an agreement with the City in a timely manner.
REQUESTED SERVICES
The City of La Quinta (City) seeks proposals from qualified firms to provide Janitorial services for the
City.
I. INTRODUCTION
The purpose of the RFP is to provide Janitorial services for the City. The services will be provided to
multiple City facilities listed in "Exhibit "A" of the attached Agreement for Contract Services
(Attachment 2). Some facilities require services twice a day, seven days a week, including the
following National Holidays: New Year's Day, Dr. Martin Luther Kind Jr. Day, President's Day,
Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after
Thanksgiving, and Christmas Day. Contractors will effectively, efficiently, and safely maintain a high
level of cleanliness for specified facilities in accordance with the best standards of practice. Services
include responsibility to furnish at his/her own expense all transportation, tools, equipment, fuel, labor,
materials, green and/or green sealed certified supplies, supervision, and services necessary for the
satisfactory performance of the work.
II. SCOPE OF SERVICES
As identified in Attachment 1.
III. PROPOSAL FORMAT
Firms are encouraged to keep their proposals brief and relevant to the specific information requested
herein. Proposals should be straightforward, concise, and provide "layman" explanation of technical
terms that are used. Emphasis should be on completeness and clarity of content.
The City is seeking a single Work and Cost Proposal clearly marked with the consultant's name,
address, phone number, and email address. Given that this is a solicitation for professional services,
the City will rank the proposals based upon both qualifications and cost. Only one proposal per
consultant will be considered.
Proposal packages are to be submitted to the City on/or before Friday, May 5, 2023 at/or before 5:00
p.m. Proposals shall be submitted via email. All proposals must bear original or electronic signatures.
Submit one (1) electronic original, as a single document in a .PDF format, to the following contact:
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City of La Quinta
Attn: Carley Escarrega
78495 Calle Tampico
La Quinta, California 92253
Tel: (760) 777-7096
Email: cescarrega@laquintaca.gov
Email Subject: RFP — Janitorial Services
All proposals shall be firm offers subject to acceptance by the City and may not be withdrawn for a
period of 180 calendar days following the last day to accept proposals. Proposals may not be
amended after the due date except by consent of the City. All proposals must clearly address all of
the requirements outlined in this RFP.
Consultants are encouraged to keep their proposals brief and relevant to the specific work required.
Each proposal shall be limited to ten (10) pages. Resumes and brochures may be added provided
they are located in the appendix at the back of the proposal.
The following are NOT included in the 10-page count:
(1) Transmittal Letter
(2) Appendices
PROPOSALS SHALL INCLUDE THE FOLLOWING:
Present the proposals in a format and order that corresponds to the numbering and lettering contained
herein, with minimal reference to supporting documentation, so that proposals can be accurately
compared.
Cover Letter
Signed by an official authorized to bind the firm with name, address, phone number, and email
address of firm's contract person, location of firm's main office, location of the office that would
service this project, a validity statement that all information and pricing provided in the proposal
is valid for at least ninety (90) days, and a statement that any individual who will perform work
for the City is free of any conflict of interest.
Firms Background, Qualifications, and Experience, including the following:
(a) Number of years in business
(b) Taxpayer identification number
(c) Number of years Janitorial services
(d) Resumes of the Project Manager and key personnel who will be responsible for
performance if any agreement results from this RFP
(e) Firm ownership and if incorporated, list the state in which the firm is incorporated and the
date of incorporation
(f) If the firm is a subsidiary of a parent company, identify the parent company
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2. References of California government agencies (preferably cities utilizing)
(a) Client name, client project manager, telephone number, and email address
(b) Project description
(c) Project start date, and end date
(d) Staff assigned to each project by the firm
(e) Provide a summary of final outcome
3. Complete Fee Schedule
Proposal shall include a detailed fee schedule for the services requested by this RFP.
4. List of Complementary Services Offered by Proposer along with Corresponding Prices
5. Staffing and Project Organization
6. Subcontracting Services
Subcontracting any portion(s) of the Scope of Services is not preferable; however, if a proposer
can demonstrate to the City's satisfaction that is in the best interest of the project to permit a
portion of the service(s) to be subcontracted by the proposer, it may be considered. Provide
details on the role of any subcontractor that will be used. Assignment is prohibited.
7. Disclosures
Disclosure of any alleged significant prior or ongoing agreement failure, any civil or criminal
litigation or investigation pending, which involved the proposer or in which the proposer has been
judged guilty or liable within the last five (5) years. If there is no information to disclose, proposer
must affirmatively state there is no negative history.
8. Acknowledgement of Insurance Requirements (Attachment 3)
Proposals must include a written statement that, if selected, the proposer will provide the
minimum insurance coverage and indemnification noted in Exhibits E and F, respectively, of the
City's Agreement for Contract Services included as Attachment 2.
9. Non -Collusion Affidavit (Attachment 4)
Proposals must include an executed Non -Collusion Affidavit, included as Attachment 4,
executed by an official authorized to bind the firm.
10. Acknowledgement of Addenda (Attachment 5)
If any addendum/addenda are issued, the proposer shall initial the Acknowledgement of
Addenda, included as Attachment 5.
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ATTACHMENTS
Scope of Services
2. Agreement for Contract Services
3. Insurance Requirements Acknowledgement
Must be executed by proposer and submitted with the proposal
4. Non -Collusion Affidavit
Must be executed by proposer and submitted with the proposal
5. Addenda Acknowledgement
Must be executed by proposer and submitted with the proposal
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Scope of Services
Services to be Provided:
ATTACHMENT 1
The proposed work includes providing regularly scheduled janitorial services and appropriate
supplies to effectively and safely maintain a high level of cleanliness for specified City facilities
in accordance with the best standards of practice. It shall be the successful Contractor's
responsibility to furnish at his/her own expense all tools, equipment, labor, fuel, materials,
supplies, supervision, and services necessary for the satisfactory performance of the work set
forth in these specifications.
The Contractor shall provide, at his/her expense, all necessary green or green sealed
cleaning supplies and equipment as may be required to perform the janitorial tasks outlined in
this specification such as: cleaning supplies, floor wax, furniture polish, custodial tools,
laundry materials, and high lift equipment. All such supplies and materials shall be of the
highest quality, environmentally friendly, and green or green seal certified. The City reserves
the right to review and approve all items which may be used in performance of the contract
work. Contractor shall provide a list of all supplies to be used. No additional compensation
shall be allowed for such items.
Contractor's price shall include rest room supplies to be stocked in sufficient quantities as to
be continuously available in all restrooms included in this contract. Quality shall not be less
than that generally available in a first class American hotel and shall be subject to the
approval of the City`s Contract Officer. Supplies shall include the following: toilet tissue (two
ply), hand towels (as appropriate), commode seat covers, hand soap (lotion and powder),
and plastic trash liners (for ALL waste receptacles).
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2. Performance Standards:
CITY HALL
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All locations, conference rooms, council chambers, reception areas, open common areas,
restrooms, kitchens, classrooms, lobbies, inside walkways, patios, and entryways.
NIGHTLY JANITORIAL SERVICES
• All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
• Sweep and mop all hard flooring and tiling with proper sanitizer
• Spot vacuum all carpet
• Dust desks, chairs, tables, and other office furniture and equipment (paperwork must be
cleared by City staff)
• Clean and polish all drinking fountains
• Clean and empty smoking containers and empty trash containers outside of entryway
doors; replace liners in trash containers
• Spot clean to remove fingerprints from glass entry doors
Lunchroom, Kitchen and Coffee Areas
• Clean and disinfect all sinks and countertops (dishes cleaned by City Staff)
• Clean outside of refrigerators
• Clean all microwaves inside and out
• Clean and disinfect coffee machines
• Run dishwasher
• Damp wipe all table tops and chair seats
Restrooms and Locker Rooms
• Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings, bright
work, and countertops
• Clean tile behind urinals
• Clean all mirrors from top to bottom
• Sweep floors and mop with germicidal cleaner
• Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
• Repair, replace, or report broken paper towel dispensers and soap dispensers to City
Facility Maintenance Area
• Sweep or dust mop floor
• Empty trash containers
Janitorial Closets
• Remove all trash to designated area
• Maintain neat and orderly storage
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WEEKLY JANITORIAL SERVICE
These items must be performed at least each week in addition to the nightly service.
• Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing dust
and cobwebs
• Dust all picture frames, artwork, and partitions
• Wash entrances and 5 patios (Lunch, Study Session, City Manager, 2 City Council)
• Clean glass entry doors and glass partitions top to bottom
• Buff all tile floors
• Vacuum all carpeted areas, move all chairs, and vacuum under desks and tables
• Clean and polish wood in City Council Chamber
Lunchroom, Kitchen and Coffee Areas
Deep clean, polish sinks, countertops, and front of cabinets (dishes will be cleared by City
staff)
Restrooms and Locker Rooms
Dust all ledges and partitions
Janitorial Closet
• Wash and disinfect sink basin
• Mop floors and disinfect
• Restock supplies
MONTHLY JANITORIAL SERVICE
These items must be completed at least once each month in addition to all nightly and weekly
services.
• Clean all doors and frames
• Clean base moldings and vacuum edge of carpeted areas
• Spot clean minor stains in carpet
• Spot clean wall surfaces in hallways
• Spot clean minor stains in seats in the City Council Chamber
Luncheon, Kitchen and Coffee Areas
Remove lime buildup from faucets
Restrooms
• Thoroughly wash partitions, walls, and doors
• Thoroughly wash all floors and detail corners
• Strip and re -wax floors
• Remove lime buildup from all fixtures
• Clean showers and remove mildew
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UARTERLY JANITORIAL SERVICE
These items must be completed at least quarterly in addition to all nightly, weekly, and
monthly services.
• Shampoo hallways and high traffic areas
• Strip and re -wax tile floors
• Wash and wipe trash containers
• Wash all windows inside and out/power wash around windows and entries
Lunchrooms and Kitchen
• Wash and wipe trash containers
• Strip and re -wax tile floors
BI-ANNUAL JANITORIAL SERVICES
Vacuum heating and air conditioning vents
ANNUAL JANITORIAL SERVICE
Steam clean all carpeted areas
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EMERGENCY OPERATIONS CENTER (EOC)
WEEKLY JANITORIAL SERVICE
• Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing dust
and cobwebs
• All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
• Sweep and mop all hard flooring and tiling with proper sanitizer
• Vacuum all carpeted areas
• Clean and polish all drinking fountains
• Spot clean to remove fingerprints from glass entry doors and glass partitions; includes
cleaning of mirrors
Kitchen Area
• Clean and disinfect all sinks and countertops (dishes cleaned by City Staff)
• Clean microwave inside and out
• Rinse coffee pots and filter bowl
• Clean outside of refrigerators
• Damp wipe all table tops and chair seats
Restrooms
• Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings, bright
work and countertops.
• Clean tile behind urinals
• Clean all mirrors from top to bottom
• Sweep floors and mop with germicidal cleaner
• Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
• Repair, replace, or report broken paper towel dispensers and soap dispensers to City
MONTHLY JANITORIAL SERVICE
These items must be completed at least once each month in addition to all nightly and weekly
services.
• Dust desks, chairs, tables, and other office furniture and equipment (paperwork must be
cleared by City staff)
• Dust all frames and wall boards
• Move chairs and vacuum under desks
Kitchen
Remove lime buildup from faucets
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QUARTERLY JANITORIAL SERVICE
These items must be completed at least quarterly in addition to all nightly and weekly
services
• Clean base moldings and vacuum edge of carpeted areas
• Clean doors and frames
• Spot clean wall surfaces in hallways
• Spot clean minor stains in carpet
BIANNUAL JANITORIAL SERVICE
• Shampoo hallways and high traffic areas
• Strip and re -wax tile floors
• Wash and wipe trash containers
• Clean all windows inside and out both sides
• Vacuum heating and air conditioning vents
Restrooms
• Thoroughly wash partitions, walls, and doors
• Thoroughly detail corners
• Strip and re -wax floors
• Remove lime buildup from all fixtures
• Dust all ledges
• Wash and wipe trash containers
Kitchen
• Wash and wipe trash containers
• Strip and re -wax tile floors
ANNUAL JANITORIAL SERVICE
Steam clean all carpeted areas
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LIBRARY
Offices at all locations, conference rooms, reception areas, open common areas, interior and
exterior restrooms, classrooms, lobbies, inside walkways and entryways.
NIGHTLY JANITORIAL SERVICE
• All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
• Sweep and mop all hard flooring and tiling with proper sanitizer
• Vacuum all carpeted areas
• Dust desks, chairs, tables, and other office furniture and equipment (paperwork must be
cleared by City staff)
• Clean and polish all drinking fountains
• Clean smoking containers and empty trash containers outside of entryway doors;
replace liners in trash containers
• Spot clean to remove fingerprints from glass entry doors and glass partitions; includes
cleaning of mirrors
Lunchroom, Kitchens and Coffee Areas
• Clean and disinfect all sinks and countertops (dishes cleaned by City Staff)
• Clean microwaves inside and out
• Clean and disinfect coffee machines
• Clean outside of refrigerators
• Damp wipe all table tops and chair seats
RPctrnnmc
• Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings, bright
work and countertops.
• Clean tile behind urinals
• Clean all mirrors from top to bottom
• Sweep floors and mop with germicidal cleaner
• Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
• Repair, replace, or report broken paper towel dispensers and soap dispensers to City
• Secure the (2) exterior restroom doors after cleaning
Janitorial Closets
• Sweep or dust mop floor
• Remove all trash to designated area
• Maintain neat and orderly storage
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WEEKLY JANITORIAL SERVICE
These items must be performed at least once each week in addition to the nightly service.
• Buff all tile floors
• Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing dust
and cobwebs
• Dust all picture frames, artwork, and bookshelves
• Move chairs and vacuum under desks
• Wash entrances
• Clean glass entry doors and glass partitions top to bottom
• Vacuum all carpeted areas, pull out all chairs and vacuum under desks and tables
• Clean, sweep and empty trash at exterior patio
Lunchroom, Kitchen and Coffee Areas
Deep clean and polish sinks and countertops (dishes will be cleaned by City staff)
Restrooms and Locker Rooms
Dust all ledges and partitions.
Janitorial Closet
• Wash sink basin and disinfect
• Mop floors and disinfect
• Restock supplies
MONTHLY JANITORIAL SERVICE
These items must be completed at least once a month in addition to all nightly and weekly
services.
• Clean doors and frames
• Clean base moldings and vacuum edge of carpeted areas
• Spot clean minor stains in carpet
• Spot clean wall surfaces in hallways
• Spot clean minor stains in seats at the reading desks and computer desks
Luncheon, Kitchen and Coffee Areas
Remove lime buildup from faucets.
Restrooms
• Thoroughly wash partitions, walls, and doors
• Thoroughly wash all floors and detail corners
• Strip and re -wax floors
• Remove lime buildup from all fixtures
• Clean showers and remove mildew
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UARTERLY JANITORIAL SERVICE
• Shampoo hallways and high traffic areas
• Strip and re -wax tile floors
• Wash and wipe trash containers
• Wash all windows inside and out/power wash around windows and entries
QUARTERLY service dates will be scheduled by Contractor and Buildings Superintendent on
acceptance of the contract agreement.
Lunchrooms and Kitchen
• Wash and wipe trash containers
• Strip and re -wax tile floors
BI-ANNUAL JANITORIAL SERVICES
• Vacuum heating and air conditioning vents
• Steam clean all carpeted areas
BI-ANNUAL services will be performed in March and September. Exact dates will be
scheduled by Contractor and Facilities Analyst on acceptance of the contract agreement.
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WELLNESS CENTER
Seven days per week; Offices at all locations, conference rooms, reception areas, open
common areas, restrooms, classrooms, lobbies, lounges, inside walkways, entryways, fitness
room, office, aerobic room and fitness restrooms with shower facilities.
NIGHTLY JANITORIAL SERVICE
• All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
• Sweep and mop all hard flooring and tiling with proper sanitizer (including dance floor,
stage area, and exterior tiled area at entry door)
• Vacuum all carpeted areas
• Dust desks, chairs, tables, and other office furniture and equipment (paperwork must be
cleared by City staff)
• Clean and polish all 6 drinking fountains
• Clean smoking containers and empty trash containers outside of entryway doors;
replace liners in trash containers
• Spot clean to remove fingerprints from glass entry doors; includes cleaning of mirrors in
the multi -purpose room, fitness room near free weights and the aerobic room.
• Spot clean to remove fingerprints from inside window areas
• Dust cubbies/shelves in aerobic room.
Kitchen and Coffee Areas
• Clean and disinfect all sinks and countertops (dishes cleaned by City Staff); damp wipe
the wet bar and sink in the Hospitality Room area and the Arts & Crafts room
• Clean microwaves inside and out
• Clean and disinfect coffee machines
• Clean and disinfect water dispensers
• Clean outside of refrigerators and freezer
• Damp wipe all table tops and chair seats
Restrooms and Locker Rooms
• Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings, bright
work, and countertops.
• Clean tile behind urinals
• Clean all mirrors from top to bottom
• Sweep floors and mop with germicidal cleaner
• Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
• Repair, replace, or report broken paper towel dispensers and soap dispensers to City
• Clean and sanitize showers in fitness restrooms
• Damp wipe/dust lockers in fitness room
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Janitorial Closets
• Remove all trash to designated area
• Maintain neat and orderly storage
• Expanded men's and women's restrooms have additional closet space for storage
WEEKLY JANITORIAL SERVICE
These items must be performed at least once each week in addition to the nightly service.
Offices at all locations, conference rooms, reception areas, open common areas, restrooms,
classrooms, lobbies, inside walkways, entryways, fitness room, office, and aerobic room.
• Scrub and buff all tile floors
• Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing dust
and cobwebs
• Dust all picture frames and artwork and counter areas
• Move chairs and vacuum under desks
• Wash entrances and patios
• Clean glass entry doors and glass partitions/windows top to bottom
• Clean windows in fitness room
Kitchen and Coffee Areas
• Deep clean and polish sinks and countertops (dishes will be cleaned by City staff)
• Clean and sanitize garbage disposal.
Restrooms
Dust all ledges and partitions.
Janitorial Closet
• Wash sink basin and disinfect
• Mop floors and disinfect
• Restock supplies
Patin Araac
• Power wash and rinse down areas
• Wash down outside furniture when cushions are not present.
Page 19 of 32
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MONTHLY JANITORIAL SERVICE
These items must be completed at least once each month in addition to all nightly and weekly
services.
• Clean doors, door frames, and inside window areas
• Clean base moldings and vacuum edge of carpeted areas
• Spot clean minor stains in carpet
• Spot clean wall surfaces in hallways
• Spot clean minor stains on furniture in lobby, hospitality area, and fitness room (Only
use clean water on furniture. No chemicals)
Kitchen and Coffee Areas
Remove lime buildup from faucets.
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• Thoroughly wash partitions, walls, and doors
• Thoroughly wash all floors and detail corners
• Strip and re -wax floors
• Remove lime buildup from all fixtures and shower areas
QUARTERLY JANITORIAL SERVICE
• Shampoo hallways and high traffic areas
• Carpet clean the multipurpose room
• Strip and re -wax tile
• Wash and wipe trash containers
• Wash all windows inside and out/power wash around windows and entries
Kitchen
• Wash and wipe trash containers
• Strip and re -wax tile floors
BI-ANNUAL JANITORIAL SERVICES
Vacuum heating and air conditioning vents
ANNUAL JANITORIAL SERVICE
Carpet buff and clean all carpeted areas
Page 20 of 32
MUSEUM
Offices at all locations, conference rooms, exhibit areas, open common areas, restrooms,
classrooms, lobbies, inside walkways, and entryways.
NIGHTLY JANITORIAL SERVICE
• All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
• Sweep and mop all hard flooring and tiling with proper sanitizer
• Vacuum all carpeted areas including elevator
• Dust desks, chairs, tables, and other office furniture and equipment (paperwork must be
cleared by City staff)
• Clean and polish all drinking fountains
• Clean smoking containers and empty trash containers outside of entryway doors;
replace liners in trash containers
• Spot clean to remove fingerprints from glass entry doors, glass partitions, mirrors, and
stainless -steel elevator walls and doors
Lunchroom, Kitchen and Coffee Areas
• Clean and disinfect all sinks and countertops (dishes cleaned by City Staff)
• Clean microwave inside and out
• Clean outside of refrigerators
• Rinse coffee pots and filter bowl
• Run dishwasher
• Damp wipe all table tops and chair seats
Restrooms and Locker Rooms
• Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings, bright
work, and countertops.
• Clean tile behind urinals
• Clean all mirrors from top to bottom
• Sweep floors and mop with germicidal cleaner
• Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
• Repair, replace, or report broken paper towel dispensers and soap dispensers to City
Janitorial Closets
• Sweep or dust mop floor
• Remove all trash to designated area
• Maintain neat and orderly storage
Page 21 of 32
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WEEKLY JANITORIAL SERVICE
These items must be performed at least once each week in addition to the nightly service.
• Buff all tile floors
• Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing dust
and cobwebs
• Dust all picture frames, artwork, and book shelves
• Move chairs and vacuum under desks
• Wash entrances
• Clean glass entry doors and glass partitions top to bottom
Lunchroom, Kitchen and Coffee Areas
Deep clean and polish sinks and countertops (dishes will be cleaned by City staff)
Restrooms and locker Rooms
Dust all ledges and partitions
Janitorial Closet
• Wash sink basin and disinfect
• Mop floors and disinfect
• Restock supplies
MONTHLY JANITORIAL SERVICE
These items must be completed at least once each month in addition to all nightly and weekly
services.
• Clean doors and frames
• Clean base moldings and vacuum edge of carpeted areas
• Spot clean minor stains in carpet
• Spot clean wall surfaces in hallways
• Spot clean minor stains in seats
Luncheon, Kitchen and Coffee Areas
Remove lime buildup from faucets
Restrooms
• Thoroughly wash partitions, walls, and doors
• Thoroughly wash all floors and detail corners
• Strip and re -wax floors
• Remove lime buildup from all fixtures
• Clean showers and remove mildew
Page 22 of 32
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QUARTERLY JANITORIAL SERVICE
These items must be completed at least quarterly in addition to all nightly and weekly
services.
• Shampoo hallways and high traffic areas
• Strip and re -wax tile floors
• Wash and wipe trash containers
• Wash all windows inside and out/power wash around windows and entries
Lunchrooms and Kitchen
• Wash and wipe trash containers
• Strip and re -wax tile floors
BIANNUAL JANITORIAL SERVICES
Vacuum heating and air conditioning vents
ANNUAL JANITORIAL SERVICE
Steam clean all carpeted areas including elevator
Page 23 of 32
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PARK RESTROOMS
Cove Restroom, Silver Rock Park, Fritz Burns Park, Sports Complex, Colonel Mitchell
Paige, La Quinta Park
DAILY/NIGHTLY JANITORIAL SERVICE
• Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings, bright
work and countertops.
• Clean tile and walls behind urinals
• Sweep floors and mop with a scented germicidal/cleaner and disinfectant
• Wash waste containers, including lids, and replace liners
• Clean all mirrors from top to bottom
• Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
• Repair, replace, or report broken paper towel and soap dispensers to City
• Daily maintenance of the La Quinta Park small restroom building.
Janitorial Closets
• Remove all trash to designated area
• Maintain neat and orderly storage
WEEKLY JANITORIAL SERVICE
• Restock supplies
• Scrub and hose entryways
MONTHLY JANITORIAL SERVICE
• Thoroughly wash partitions and doors
• Spot clean wall surfaces
• Thoroughly wash all floors and detail corners
• Remove lime buildup from all fixtures
• Pressure wash all interior ceilings, walls, and surfaces
BIANNUAL JANITORIAL SERVICES
• Stock extra toilet paper and a paper towels in storage rooms in case they run out
le\1I64I1Ie\■&V1
Provide an extra case of toilet paper and a case of folded paper towels to the La Quinta Park
snack bar and Sports Complex snack bar (late -September and mid -January).
Page 24 of 32
ANNAUL DEEP CLEANING
Clean out snack bars at La Quinta Park and Sports Complex in late -August (Remove all
trash; clean and polish sinks, shelves, and countertops; clean outside of all snack bar
equipment and refrigerators; clean hand sink basins and disinfect; wash glass windows; dust
all ledges and partitions; clean wall surfaces; thoroughly sweep and wash all floors and detail
corners; strip and re -wax floors; wash and wipe out trash containers).
Page 25 of 32
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PUBLIC WORKS YARD RESTROOMS AND OFFICES
Offices, conference rooms, reception areas, open common areas, restrooms (2-office,1-shop
exterior), inside walkways, and entryways.
NIGHTLY JANITORIAL SERVICE
• All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
• Sweep and mop all hard flooring and tiling
• Vacuum all carpeted areas
• Dust desks, chairs, tables, and other office furniture and equipment (paperwork must be
cleared by City staff)
• Clean and polish all drinking fountains
Lunchroom, Kitchen and Coffee Areas
• Clean and disinfect all sinks and countertops (dishes cleaned by City Staff);
• Clean microwaves inside and out
• Clean outside of refrigerators
• Rinse coffee pots and filter bowl
• Run dishwasher
• Damp wipe all table tops and chair seats
Restrooms and Locker Rooms
• Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings, bright
work, and countertops.
• Clean tile behind urinals
• Clean all mirrors from top to bottom
• Sweep floors and mop with germicidal cleaner
• Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
• Report broken paper towel dispensers and soap dispensers to City
Janitorial Closets
• Remove all trash to designated area
• Maintain neat and orderly storage
Page 26 of 32
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WEEKLY JANITORIAL SERVICE
These items must be performed at least once each week in addition to the nightly service.
• Buff all tile floors
• Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing dust
and cobwebs
• Dust all picture frames and bookshelves
• Move chairs and vacuum under desks
Lunchroom, Kitchen and Coffee Areas
Deep clean and polish sinks and countertops (dishes will be cleaned by City staff)
Restrooms and Locker Rooms
Dust all ledges and partitions
Janitorial Closet
• Wash sink basin and disinfect
• Mop floors and disinfect
• Restock supplies
MONTHLY JANITORIAL SERVICE
These items must be completed at least once each month in addition to all nightly and weekly
services.
• Clean doors and frames
• Clean base moldings and vacuum edge of carpeted areas
• Spot clean minor stains in carpet
• Spot clean wall surfaces in hallways
• Spot clean minor stains in seats
Luncheon, Kitchen and Coffee Areas
Remove lime buildup from faucets
Restrooms
• Thoroughly wash partitions, walls, and doors
• Thoroughly wash all floors and detail corners
• Strip and re -wax floors
• Remove lime buildup from all fixtures
Page 27 of 32
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UARTERLY JANITORIAL SERVICE
• Shampoo hallways and high traffic areas
• Strip and re -wax tile floors
• Wash and wipe trash containers
• Wash all windows inside and out/power wash around windows and entries
Lunchrooms and Kitchen
• Wash and wipe trash containers
• Strip and re -wax tile floors
1:3C_1�IR�1_1�1L1�I�ri7:11_1�9�:,�I[y�
Vacuum heating and air conditioning vents
ANNUAL JANITORIAL SERVICE
Steam clean all carpeted areas
Page 28 of 32
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ATTACHMENT 2
AGREEMENT FOR CONTRACT SERVICES
Page 29 of 32
AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and
entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal
corporation, and Name[insert the type of business entity, e.g. sole proprietorship, CA
Limited Liability Corp, an S Corp.] ("Contracting Party"). The parties hereto agree as
follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Contracting Party shall provide those services related Janitorial Services, as
specified in the "Scope of Services" attached hereto as "Exhibit A" and incorporated
herein by this reference (the "Services"). Contracting Party represents and warrants that
Contracting Party is a provider of first-class work and/or services and Contracting Party
is experienced in performing the Services contemplated herein and, in light of such status
and experience, Contracting Party covenants that it shall follow industry standards in
performing the Services required hereunder, and that all materials, if any, will be of good
quality, fit for the purpose intended. For purposes of this Agreement, the phrase "industry
standards" shall mean those standards of practice recognized by one or more first-class
firms performing similar services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of
the City and any Federal, State, or local governmental agency of competent jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable
Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits,
and approvals as may be required by law for the performance of the Services required by
this Agreement, including a City of La Quinta business license. Contracting Party and its
employees, agents, and subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required for the performance of the Services required by this Agreement.
Contracting Party shall have the sole obligation to pay for any fees, assessments, and
taxes, plus applicable penalties and interest, which may be imposed by law and arise
from or are necessary for the performance of the Services required by this Agreement,
and shall indemnify, defend (with counsel selected by City), and hold City, its elected
officials, officers, employees, and agents, free and harmless against any such fees,
assessments, taxes, penalties, or interest levied, assessed, or imposed against City
hereunder. Contracting Party shall be responsible for all subcontractors' compliance with
this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting Party
warrants that (a) it has thoroughly investigated and considered the Services to be
performed, (b) it has investigated the site where the Services are to be performed, if any,
and fully acquainted itself with the conditions there existing, (c) it has carefully considered
how the Services should be performed, and (d) it fully understands the facilities,
difficulties, and restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially differing
from those inherent in the Services or as represented by City, Contracting Party shall
immediately inform City of such fact and shall not proceed except at Contracting Party's
risk until written instructions are received from the Contract Officer, or assigned
designee (as defined in Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and understands that
the Services contracted for under this Agreement require specialized skills and abilities
and that, consistent with this understanding, Contracting Party's work will be held to an
industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove,
Contracting Party represents to City that it holds the necessary skills and abilities to satisfy
the industry standard of quality as set forth in this Agreement. Contracting Party shall
adopt reasonable methods during the life of this Agreement to furnish continuous
protection to the Services performed by Contracting Party, and the equipment, materials,
papers, and other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the Services
by City, except such losses or damages as may be caused by City's own negligence.
The performance of Services by Contracting Party shall not relieve Contracting Party from
any obligation to correct any incomplete, inaccurate, or defective work at no further cost
to City, when such inaccuracies are due to the negligence of Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions of this
Agreement, Contracting Party shall perform services in addition to those specified in the
Scope of Services ("Additional Services") only when directed to do so by the Contract
Officer, or assigned designee, provided that Contracting Party shall not be required to
perform any Additional Services without compensation. Contracting Party shall not
perform any Additional Services until receiving prior written authorization (in the form of
a written change order if Contracting Party is a contractor performing the Services) from
the Contract Officer, or assigned designee, incorporating therein any adjustment in
(i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said
adjustments are subject to the written approval of Contracting Party. It is expressly
understood by Contracting Party that the provisions of this Section shall not apply to the
Services specifically set forth in the Scope of Services or reasonably contemplated
therein. It is specifically understood and agreed that oral requests and/or approvals of
Additional Services shall be barred and are unenforceable. Failure of Contracting Party
to secure the Contract Officer's, or assigned designee's written authorization for
Additional Services shall constitute a waiver of any and all right to adjustment of the
Contract Sum or time to perform this Agreement, whether by way of compensation,
restitution, quantum meruit, or the like, for Additional Services provided without the
appropriate authorization from the Contract Officer, or assigned designee.
Compensation for properly authorized Additional Services shall be made in accordance
with Section 2.3 of this Agreement.
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1.8 Special Requirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in "Exhibit D" (the "Special
Requirements"), which is incorporated herein by this reference and expressly made a part
hereof. In the event of a conflict between the provisions of the Special Requirements and
any other provisions of this Agreement, the provisions of the Special Requirements shall
govern.
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2.1 Contract Sum. For the Services rendered pursuant to this Agreement,
Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of
Compensation") in a total amount not to exceed dollars
($ ) per year for the life of the Agreement, encompassing the initial and any
extended terms. (the "Contract Sum"), except as provided in Section 1.7. The method of
compensation set forth in the Schedule of Compensation may include a lump sum
payment upon completion, payment in accordance with the percentage of completion of
the Services, payment for time and materials based upon Contracting Party's rate
schedule, but not exceeding the Contract Sum, or such other reasonable methods as may
be specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Contracting Party at all project meetings reasonably deemed necessary by
City; Contracting Party shall not be entitled to any additional compensation for attending
said meetings. Compensation may include reimbursement for actual and necessary
expenditures for reproduction costs, transportation expense, telephone expense, and
similar costs and expenses when and if specified in the Schedule of Compensation.
Regardless of the method of compensation set forth in the Schedule of Compensation,
Contracting Party's overall compensation shall not exceed the Contract Sum, except as
provided in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting Party wishes
to receive payment, Contracting Party shall submit to City no later than the tenth
(10th) working day of such month, in the form approved by City's Finance Director, an
invoice for Services rendered prior to the date of the invoice. Such invoice shall specify
each staff member who has provided Services and the number of hours assigned to each
such staff member. Such invoice shall contain a certification by a principal member of
Contracting Party specifying that the payment requested is for Services performed in
accordance with the terms of this Agreement. Upon approval in writing by the Contract
Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will
pay Contracting Party for all items stated thereon which are approved by City pursuant to
this Agreement no later than thirty (30) days after invoices are received by the City's
Finance Department.
2.3 Compensation for Additional Services. Additional Services approved in
advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this
Agreement shall be paid for in an amount agreed to in writing by both City and Contracting
Party in advance of the Additional Services being rendered by Contracting Party. Any
compensation for Additional Services amounting to five percent (5%) or less of the
Contract Sum may be approved by the Contract Officer, or assigned designee. Any
-3-
greater amount of compensation for Additional Services must be approved by the La
Quinta City Council, the City Manager, or Department Director, depending upon City laws,
regulations, rules and procedures concerning public contracting. Under no circumstances
shall Contracting Party receive compensation for any Additional Services unless prior
written approval for the Additional Services is obtained from the Contract Officer, or
assigned designee, pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. If the Services not completed in accordance with the Schedule of
Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will
suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in "Exhibit
C" (the "Schedule of Performance"). Extensions to the time period specified in the
Schedule of Performance may be approved in writing by the Contract Officer, or
assigned designee.
3.3 Force Maieure. The time period specified in the Schedule of Performance
for performance of the Services rendered pursuant to this Agreement shall be extended
because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of Contracting Party, including, but not restricted to, acts of God or of
the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots,
strikes, freight embargoes, acts of any governmental agency other than City, and
unusually severe weather, if Contracting Party shall within ten (10) days of the
commencement of such delay notify the Contract Officer, or assigned designee, in
writing of the causes of the delay. The Contract Officer, or assigned designee, shall
ascertain the facts and the extent of delay, and extend the time for performing the
Services for the period of the forced delay when and if in the Contract Officer's judgment
such delay is justified, and the Contract Officer's determination, or assigned designee,
shall be final and conclusive upon the parties to this Agreement. Extensions to time
period in the Schedule of Performance which are determined by the Contract Officer, or
assigned designee, to be justified pursuant to this Section shall not entitle the
Contracting Party to additional compensation in excess of the Contract Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions in
Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2023,
and terminate on June 30, 2026 ("Initial Term"). This Agreement may be extended for
two (2) additional one (1) year term upon mutual agreement by both parties ("Extended
Term"), and executed in writing.
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of Contracting
Party ("Principals") are hereby designated as being the principals and representatives of
me
Contracting Party authorized to act in its behalf with respect to the Services specified
herein and make all decisions in connection therewith:
(a) Name
Tel No.
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(b) Name
Tel No.
Email:
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing Principals were a substantial inducement for City to enter into
this Agreement. Therefore, the foregoing Principals shall be responsible during the term
of this Agreement for directing all activities of Contracting Party and devoting sufficient
time to personally supervise the Services hereunder. For purposes of this Agreement,
the foregoing Principals may not be changed by Contracting Party and no other personnel
may be assigned to perform the Services required hereunder without the express written
approval of City.
4.2 Contract Officer. The "Contract Officer", shall be Alfred Berumen,
Facilities Management Analyst, or assigned designee may be designated in writing
by the City Manager of the City. It shall be Contracting Party's responsibility to assure
that the Contract Officer, or assigned designee, is kept informed of the progress of the
performance of the Services, and Contracting Party shall refer any decisions, that must
be made by City to the Contract Officer, or assigned designee. Unless otherwise
specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer, or assigned designee. The Contract Officer, or assigned designee,
shall have authority to sign all documents on behalf of City required hereunder to carry
out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability, and reputation of Contracting Party, its principals, and its
employees were a substantial inducement for City to enter into this Agreement. Except
as set forth in this Agreement, Contracting Party shall not contract or subcontract with
any other entity to perform in whole or in part the Services required hereunder without the
express written approval of City. In addition, neither this Agreement nor any interest
herein may be transferred, assigned, conveyed, hypothecated, or encumbered,
voluntarily or by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of persons acting in
concert of more than twenty five percent (25%) of the present ownership and/or control
of Contracting Party, taking all transfers into account on a cumulative basis. Any
attempted or purported assignment or contracting or subcontracting by Contracting Party
without City's express written approval shall be null, void, and of no effect. No approved
transfer shall release Contracting Party of any liability hereunder without the express
consent of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode, or means by which Contracting Party, its agents, or
-5-
its employees, perform the Services required herein, except as otherwise set forth herein.
City shall have no voice in the selection, discharge, supervision, or control of Contracting
Party's employees, servants, representatives, or agents, or in fixing their number or hours
of service. Contracting Party shall perform all Services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent contractor
with only such obligations as are consistent with that role. Contracting Party shall not at
any time or in any manner represent that it or any of its agents or employees are agents
or employees of City. City shall not in any way or for any purpose become or be deemed
to be a partner of Contracting Party in its business or otherwise or a joint venture or a
member of any joint enterprise with Contracting Party. Contracting Party shall have no
power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall
not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City. Except for the Contract Sum paid to Contracting Party as
provided in this Agreement, City shall not pay salaries, wages, or other compensation to
Contracting Party for performing the Services hereunder for City. City shall not be liable
for compensation or indemnification to Contracting Party for injury or sickness arising out
of performing the Services hereunder. Notwithstanding any other City, state, or federal
policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its
employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment
by City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System (TERS") as an employee of City and entitlement to any contribution
to be paid by City for employer contributions and/or employee contributions for PERS
benefits. Contracting Party agrees to pay all required taxes on amounts paid to
Contracting Party under this Agreement, and to indemnify and hold City harmless from
any and all taxes, assessments, penalties, and interest asserted against City by reason
of the independent contractor relationship created by this Agreement. Contracting Party
shall fully comply with the workers' compensation laws regarding Contracting Party and
Contracting Party's employees. Contracting Party further agrees to indemnify and hold
City harmless from any failure of Contracting Party to comply with applicable workers'
compensation laws. City shall have the right to offset against the amount of any payment
due to Contracting Party under this Agreement any amount due to City from Contracting
Party as a result of Contracting Party's failure to promptly pay to City any reimbursement
or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party represents that it
employs or will employ at its own expense all personnel required for the satisfactory
performance of any and all of the Services set forth herein. Contracting Party represents
that the Services required herein will be performed by Contracting Party or under its direct
supervision, and that all personnel engaged in such work shall be fully qualified and shall
be authorized and permitted under applicable State and local law to perform such tasks
and services.
4.6 City Cooperation. City shall provide Contracting Party with any plans,
publications, reports, statistics, records, or other data or information pertinent to the
Services to be performed hereunder which are reasonably available to Contracting Party
only from or through action by City.
M
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this Agreement and
throughout the duration of the term of this Agreement, Contracting Party shall procure
and maintain, at its sole cost and expense, and submit concurrently with its execution of
this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance
Requirements") which is incorporated herein by this reference and expressly made a part
hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance
to Agency along with all required endorsements. Certificate of Insurance and
endorsements must be approved by Agency's Risk Manager prior to commencement of
performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Contracting Party
shall indemnify, protect, defend (with counsel selected by City), and hold harmless City
and any and all of its officers, employees, agents, and volunteers as set forth in "Exhibit
F" ("Indemnification") which is incorporated herein by this reference and expressly made
a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit to the
Contract Officer, or assigned designee, such reports concerning Contracting Party's
performance of the Services required by this Agreement as the Contract Officer, or
assigned designee, shall require. Contracting Party hereby acknowledges that City is
greatly concerned about the cost of the Services to be performed pursuant to this
Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes
aware of any facts, circumstances, techniques, or events that may or will materially
increase or decrease the cost of the Services contemplated herein or, if Contracting Party
is providing design services, the cost of the project being designed, Contracting Party
shall promptly notify the Contract Officer, or assigned designee, of said fact,
circumstance, technique, or event and the estimated increased or decreased cost related
thereto and, if Contracting Party is providing design services, the estimated increased or
decreased cost estimate for the project being designed.
7.2 Records. Contracting Party shall keep, and require any subcontractors to
keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports
(including but not limited to payroll reports), studies, or other documents relating to the
disbursements charged to City and the Services performed hereunder (the "Books and
Records"), as shall be necessary to perform the Services required by this Agreement and
enable the Contract Officer, or assigned designee, to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in accordance with
generally accepted accounting principles and shall be complete and detailed. The
Contract Officer, or assigned designee, shall have full and free access to such Books
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and Records at all times during normal business hours of City, including the right to
inspect, copy, audit, and make records and transcripts from such Books and Records.
Such Books and Records shall be maintained for a period of three (3) years following
completion of the Services hereunder, and City shall have access to such Books and
Records in the event any audit is required. In the event of dissolution of Contracting
Party's business, custody of the Books and Records may be given to City, and access
shall be provided by Contracting Party's successor in interest. Under California
Government Code Section 8546.7, if the amount of public funds expended under this
Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject
to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps, designs,
photographs, studies, surveys, data, notes, computer files, reports, records, documents,
and other materials plans, drawings, estimates, test data, survey results, models,
renderings, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings, digital renderings, or data
stored digitally, magnetically, or in any other medium prepared or caused to be prepared
by Contracting Party, its employees, subcontractors, and agents in the performance of
this Agreement (the "Documents and Materials") shall be the property of City and shall be
delivered to City upon request of the Contract Officer, or assigned designee, or upon
the expiration or termination of this Agreement, and Contracting Party shall have no claim
for further employment or additional compensation as a result of the exercise by City of
its full rights of ownership use, reuse, or assignment of the Documents and Materials
hereunder. Any use, reuse or assignment of such completed Documents and Materials
for other projects and/or use of uncompleted documents without specific written
authorization by Contracting Party will be at City's sole risk and without liability to
Contracting Party, and Contracting Party's guarantee and warranties shall not extend to
such use, revise, or assignment. Contracting Party may retain copies of such Documents
and Materials for its own use. Contracting Party shall have an unrestricted right to use
the concepts embodied therein. All subcontractors shall provide for assignment to City
of any Documents and Materials prepared by them, and in the event Contracting Party
fails to secure such assignment, Contracting Party shall indemnify City for all damages
resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized by City
reuses said Documents and Materials without written verification or adaptation by
Contracting Party for the specific purpose intended and causes to be made or makes any
changes or alterations in said Documents and Materials, City hereby releases,
discharges, and exonerates Contracting Party from liability resulting from said change.
The provisions of this clause shall survive the termination or expiration of this Agreement
and shall thereafter remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all
copyrights, designs, rights of reproduction, and other intellectual property embodied in
the Documents and Materials. Contracting Party shall require all subcontractors, if any,
to agree in writing that City is granted a non-exclusive and perpetual license for the
Documents and Materials the subcontractor prepares under this Agreement. Contracting
Party represents and warrants that Contracting Party has the legal right to license any
and all of the Documents and Materials. Contracting Party makes no such representation
and warranty in regard to the Documents and Materials which were prepared by design
professionals other than Contracting Party or provided to Contracting Party by City. City
shall not be limited in any way in its use of the Documents and Materials at any time,
provided that any such use not within the purposes intended by this Agreement shall be
at City's sole risk.
7.6 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer, or assigned
designee, or as required by law. Contracting Party shall not disclose to any other entity
or person any information regarding the activities of City, except as required by law or as
authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting Party
covenants that all City data, data lists, trade secrets, documents with personal identifying
information, documents that are not public records, draft documents, discussion notes, or
other information, if any, developed or received by Contracting Party or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by
Contracting Party to any person or entity without prior written authorization by City or
unless required by law. City shall grant authorization for disclosure if required by any
lawful administrative or legal proceeding, court order, or similar directive with the force of
law. All City data, data lists, trade secrets, documents with personal identifying
information, documents that are not public records, draft documents, discussions, or other
information shall be returned to City upon the termination or expiration of this Agreement.
Contracting Party's covenant under this section shall survive the termination or expiration
of this Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed, and
governed both as to validity and to performance of the parties in accordance with the laws
of the State of California. Legal actions concerning any dispute, claim, or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of the County
of Riverside, State of California, or any other appropriate court in such county, and
Contracting Party covenants and agrees to submit to the personal jurisdiction of such
court in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a claim
therefore. The injured party shall continue performing its obligations hereunder so long
as the injuring party commences to cure such default within ten (10) days of service of
such notice and completes the cure of such default within forty-five (45) days after service
of the notice, or such longer period as may be permitted by the Contract Officer, or
assigned designee; provided that if the default is an immediate danger to the health,
WE
safety, or general welfare, City may take such immediate action as City deems warranted.
Compliance with the provisions of this Section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance
shall not be a waiver of any party's right to take legal action in the event that the dispute
is not cured, provided that nothing herein shall limit City's right to terminate this
Agreement without cause pursuant to this Article 8.0. During the period of time that
Contracting Party is in default, City shall hold all invoices and shall, when the default is
cured, proceed with payment on the invoices. In the alternative, City may, in its sole
discretion, elect to pay some or all of the outstanding invoices during any period of default.
8.3 Retention of Funds. City may withhold from any monies payable to
Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of Contracting
Party in the performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non -defaulting party on any default shall impair such right or remedy or be construed as
a waiver. City's consent or approval of any act by Contracting Party requiring City's
consent or approval shall not be deemed to waive or render unnecessary City's consent
to or approval of any subsequent act of Contracting Party. Any waiver by either party of
any default must be in writing and shall not be a waiver of any other default concerning
the same or any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative and the exercise by either party of one or more of such rights
or remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct, or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes
of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern any
termination of this Agreement, except as specifically provided in the following Section for
termination for cause. City reserves the right to terminate this Agreement at any time,
with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon
receipt of any notice of termination, Contracting Party shall immediately cease all
Services hereunder except such as may be specifically approved by the Contract Officer,
or assigned designee. Contracting Party shall be entitled to compensation for all
Services rendered prior to receipt of the notice of termination and for any Services
authorized by the Contract Officer, or assigned designee, thereafter in accordance with
the Schedule of Compensation or such as may be approved by the Contract Officer, or
assigned designee, except amounts held as a retention pursuant to this Agreement.
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8.8 Termination for Default of Contracting Party. If termination is due to the
failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party
shall vacate any City -owned property which Contracting Party is permitted to occupy
hereunder and City may, after compliance with the provisions of Section 8.2, take over
the Services and prosecute the same to completion by contract or otherwise, and
Contracting Party shall be liable to the extent that the total cost for completion of the
Services required hereunder exceeds the compensation herein stipulated (provided that
City shall use reasonable efforts to mitigate such damages), and City may withhold any
payments to Contracting Party for the purpose of setoff or partial payment of the amounts
owed City.
8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this
Agreement, the prevailing party in such action or proceeding, in addition to any other relief
which may be granted, whether legal or equitable, shall be entitled to reasonable
attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this
Section shall not exceed the hourly rate paid by City for legal services multiplied by the
reasonable number of hours spent by the prevailing party in the conduct of the litigation.
Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled
to attorneys' fees shall be entitled to all other reasonable costs for investigating such
action, taking depositions and discovery, and all other necessary costs the court allows
which are incurred in such litigation. All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment. The court may set such fees in the same action or in a separate
action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non -liability of City Officers and Employees. No officer, official, employee,
agent, representative, or volunteer of City shall be personally liable to Contracting Party,
or any successor in interest, in the event or any default or breach by City or for any amount
which may become due to Contracting Party or to its successor, or for breach of any
obligation of the terms of this Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any
officer or principal of it, 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 hinder
Contracting Party's performance of the Services under this Agreement. Contracting Party
further covenants that in the performance of this 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 the Contract Officer, or assigned designee. Contracting
Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts
of interest with the interests of City in the performance of this Agreement.
No officer or employee of City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to this Agreement which effects his financial interest or the financial
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interest of any corporation, partnership or association in which he is, directly or indirectly,
interested, in violation of any State statute or regulation. Contracting Party warrants that
it has not paid or given and will not pay or give any third party any money or other
consideration for obtaining this Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation of, any person or group of
persons on account of any impermissible classification including, but not limited to, race,
color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in
the performance of this Agreement. Contracting Party shall take affirmative action to
ensure that applicants are employed and that employees are treated during employment
without regard to their race, color, creed, religion, sex, marital status, sexual orientation,
national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or communication
either party desires or is required to give the other party or any other person shall be in
writing and either served personally or sent by prepaid, first-class mail to the address set
forth below. Either party may change its address by notifying the other party of the change
of address in writing. Notice shall be deemed communicated forty-eight (48) hours from
the time of mailing if mailed as provided in this Section.
To City:
CITY OF LA QUINTA
Attention: Alfred Berumen
Facilities Management Analyst
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
VENDORS COMPANY NAME
VENDORS CONTACT
VENDORS STREET ADDRESS
VENDORS CITY, STATE, ZIP
10.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of this Agreement or any other rule of
construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only and shall not
limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original, and such counterparts shall constitute one and
the same instrument.
10.5 Integrated Agreement. This Agreement including the exhibits hereto is the
entire, complete, and exclusive expression of the understanding of the parties. It is
understood that there are no oral agreements between the parties hereto affecting this
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Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any, between the
parties, and none shall be used to interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement shall be
valid unless made in writing and approved by Contracting Party and by the City Council
of City. The parties agree that this requirement for written modifications cannot be waived
and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles, phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable, such invalidity or unenforceability shall not affect any
of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out
the intent of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders this
Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and interest in and to
all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or
under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code), arising from purchases of goods,
services, or materials related to this Agreement. This assignment shall be made and
become effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
10.9 No Third -Party Beneficiaries. With the exception of the specific provisions
set forth in this Agreement, there are no intended third -party beneficiaries under this
Agreement and no such other third parties shall have any rights or obligations hereunder.
10.10 Authority. The persons executing this Agreement on behalf of each of the
parties hereto represent and warrant that (i) such party is duly organized and existing,
(ii) they are duly authorized to execute and deliver this Agreement on behalf of said party,
(iii) by so executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) that entering into this Agreement does not violate any provision of
any other Agreement to which said party is bound. This Agreement shall be binding upon
the heirs, executors, administrators, successors, and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA, CONTRACTING PARTY:
a California Municipal Corporation
JON McMILLEN, City Manager
City of La Quinta, California
Dated:
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
By:_
Name:
Title:
By:_
Name:
Title:
(DIRECTOR TO DETERMINE IF THE FOLLOWING IS TO BE FOLLOWED OR
DELETED:)
NOTE: (1) TWO SIGNATURES ARE REQUIRED IF A CORPORATION'S
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE STATE THAT TWO SIGNATURES ARE REQUIRED ON CONTRACTS,
AGREEMENTS, AMENDMENTS, CHANGE ORDERS, ETC.
(2) CONTRACTING PARTY'S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER
RULES OR REGULATIONS APPLICABLE TO CONTRACTING PARTY'S BUSINESS
ENTITY.
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Exhibit A
Scope of Services
1. Services to be Provided:
The proposed work includes providing regularly scheduled janitorial services and
appropriate supplies to effectively and safely maintain a high level of cleanliness for
specified City facilities in accordance with the best standards of practice. It shall be the
successful Contractor's responsibility to furnish at his/her own expense all tools,
equipment, labor, fuel, materials, supplies, supervision, and services necessary for the
satisfactory performance of the work set forth in these specifications.
The Contractor shall provide, at his/her expense, all necessary green or green sealed
cleaning supplies and equipment as may be required to perform the janitorial tasks
outlined in this specification such as: cleaning supplies, floor wax, furniture polish,
custodial tools, laundry materials, and high lift equipment. All such supplies and materials
shall be of the highest quality, environmentally friendly, and green or green seal certified.
The City reserves the right to review and approve all items which may be used in
performance of the contract work. Contractor shall provide a list of all supplies to be used.
No additional compensation shall be allowed for such items.
Contractor's price shall include rest room supplies to be stocked in sufficient quantities as
to be continuously available in all restrooms included in this contract. Quality shall not be
less than that generally available in a first class American hotel and shall be subject to
the approval of the City`s Contract Officer. Supplies shall include the following: toilet
tissue (two ply), hand towels (as appropriate), commode seat covers, hand soap (lotion
and powder), and plastic trash liners (for ALL waste receptacles).
2. Performance Standards:
CITY HALL
All locations, conference rooms, council chambers, reception areas, open common areas,
restrooms, kitchens, classrooms, lobbies, inside walkways, patios, and entryways.
NIGHTLY JANITORIAL SERVICES
• All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
• Sweep and mop all hard flooring and tiling with proper sanitizer
• Spot vacuum all carpet
• Dust desks, chairs, tables, and other office furniture and equipment (paperwork
must be cleared by City staff)
• Clean and polish all drinking fountains
• Clean and empty smoking containers and empty trash containers outside of
Exhibit A
Page 1 of 26 Last revised summer 2017
entryway doors; replace liners in trash containers
• Spot clean to remove fingerprints from glass entry doors
Lunchroom, Kitchen and Coffee Areas
• Clean and disinfect all sinks and countertops (dishes cleaned by City Staff);
• Clean outside of refrigerators
• Clean all microwaves inside and out
• Clean and disinfect coffee machines
• Run dishwasher
• Damp wipe all table tops and chair seats
Restrooms and Locker Rooms
• Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings,
bright work, and countertops.
• Clean tile behind urinals
• Clean all mirrors from top to bottom
• Sweep floors and mop with germicidal cleaner
• Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
• Repair, replace, or report broken paper towel dispensers and soap dispensers to
City
Facility Maintenance Area
• Sweep or dust mop floor
• Empty trash containers
Janitorial Closets
• Remove all trash to designated area
• Maintain neat and orderly storage
WEEKLY JANITORIAL SERVICE
These items must be performed at least each week in addition to the nightly service.
• Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing
dust and cobwebs
• Dust all picture frames, artwork, and partitions
• Wash entrances and 5 patios (Lunch, Study Session, City Manager, 2 City Council)
• Clean glass entry doors and glass partitions top to bottom
• Buff all tile floors
• Vacuum all carpeted areas, move all chairs, and vacuum under desks and tables
• Clean and polish wood in City Council Chamber
Lunchroom, Kitchen and Coffee Areas
Deep clean, polish sinks, countertops, and front of cabinets (dishes will be cleared by
City staff)
Exhibit A
Page 2 of 26
Restrooms and Locker Rooms
Dust all ledges and partitions
Janitorial Closet
• Wash and disinfect sink basin
• Mop floors and disinfect
• Restock supplies
MONTHLY JANITORIAL SERVICE
These items must be completed at least once each month in addition to all nightly and
weekly services.
• Clean all doors and frames
• Clean base moldings and vacuum edge of carpeted areas
• Spot clean minor stains in carpet
• Spot clean wall surfaces in hallways
• Spot clean minor stains in seats in the City Council Chamber
Luncheon, Kitchen and Coffee Areas
Remove lime buildup from faucets
Restrooms
• Thoroughly wash partitions, walls, and doors
• Thoroughly wash all floors and detail corners
• Strip and re -wax floors
• Remove lime buildup from all fixtures
• Clean showers and remove mildew
QUARTERLY JANITORIAL SERVICE
These items must be completed at least quarterly in addition to all nightly, weekly, and
monthly services.
• Shampoo hallways and high traffic areas
• Strip and re -wax tile floors
• Wash and wipe trash containers
• Wash all windows inside and out/power wash around windows and entries
Lunchrooms and Kitchen
• Wash and wipe trash containers
• Strip and re -wax tile floors
Exhibit A
Page 3 of 26
BIANNUAL JANITORIAL SERVICES
Vacuum heating and air conditioning vents
ANNUAL JANITORIAL SERVICE
Steam clean all carpeted areas
Exhibit A
Page 4 of 26
EMERGENCY OPERATIONS CENTER (EOQ
WEEKLY JANITORIAL SERVICE
• Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing
dust and cobwebs
• All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
• Sweep and mop all hard flooring and tiling with proper sanitizer
• Vacuum all carpeted areas
• Clean and polish all drinking fountains
• Spot clean to remove fingerprints from glass entry doors and glass partitions;
includes cleaning of mirrors
Kitchen Area
• Clean and disinfect all sinks and countertops (dishes cleaned by City Staff)
• Clean microwave inside and out
• Rinse coffee pots and filter bowl
• Clean outside of refrigerators
• Damp wipe all table tops and chair seats
Restrooms
• Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings,
bright work and countertops.
• Clean tile behind urinals
• Clean all mirrors from top to bottom
• Sweep floors and mop with germicidal cleaner
• Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
• Repair, replace, or report broken paper towel dispensers and soap dispensers to
City
MONTHLY JANITORIAL SERVICE
These items must be completed at least once each month in addition to all nightly and
weekly services.
• Dust desks, chairs, tables, and other office furniture and equipment (paperwork
must be cleared by City staff)
• Dust all frames and wall boards
• Move chairs and vacuum under desks
Kitchen
Remove lime buildup from faucets
Exhibit A
Page 5 of 26
UARTERLY JANITORIAL SERVICE
These items must be completed at least quarterly in addition to all nightly and weekly
services
• Clean base moldings and vacuum edge of carpeted areas
• Clean doors and frames
• Spot clean wall surfaces in hallways
• Spot clean minor stains in carpet
BI-ANNUAL JANITORIAL SERVICE
• Shampoo hallways and high traffic areas
• Strip and re -wax tile floors
• Wash and wipe trash containers
• Clean all windows inside and out both sides
• Vacuum heating and air conditioning vents
Restrooms
• Thoroughly wash partitions, walls, and doors
• Thoroughly detail corners
• Strip and re -wax floors
• Remove lime buildup from all fixtures
• Dust all ledges
• Wash and wipe trash containers
Kitchen
• Wash and wipe trash containers
• Strip and re -wax tile floors
ANNUAL JANITORIAL SERVICE
Steam clean all carpeted areas
Exhibit A
Page 6 of 26
LIBRARY
Offices at all locations, conference rooms, reception areas, open common areas, interior
and exterior restrooms, classrooms, lobbies, inside walkways and entryways.
NIGHTLY JANITORIAL SERVICE
• All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
• Sweep and mop all hard flooring and tiling with proper sanitizer
• Vacuum all carpeted areas
• Dust desks, chairs, tables, and other office furniture and equipment (paperwork
must be cleared by City staff)
• Clean and polish all drinking fountains
• Clean smoking containers and empty trash containers outside of entryway doors;
replace liners in trash containers
• Spot clean to remove fingerprints from glass entry doors and glass partitions;
includes cleaning of mirrors
Lunchroom, Kitchens and Coffee Areas
• Clean and disinfect all sinks and countertops (dishes cleaned by City Staff)
• Clean microwaves inside and out
• Clean and disinfect coffee machines
• Clean outside of refrigerators
• Damp wipe all table tops and chair seats
RPctrnnmc
• Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings,
bright work and countertops.
• Clean tile behind urinals
• Clean all mirrors from top to bottom
• Sweep floors and mop with germicidal cleaner
• Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
• Repair, replace, or report broken paper towel dispensers and soap dispensers to
City
• Secure the (2) exterior restroom doors after cleaning
Janitorial Closets
• Sweep or dust mop floor
• Remove all trash to designated area
• Maintain neat and orderly storage
Exhibit A
Page 7 of 26
WEEKLY JANITORIAL SERVICE
These items must be performed at least once each week in addition to the nightly service.
• Buff all tile floors
• Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing
dust and cobwebs
• Dust all picture frames, artwork, and bookshelves
• Move chairs and vacuum under desks
• Wash entrances
• Clean glass entry doors and glass partitions top to bottom
• Vacuum all carpeted areas, pull out all chairs and vacuum under desks and tables
• Clean, sweep and empty trash at exterior patio
Lunchroom, Kitchen and Coffee Areas
Deep clean and polish sinks and countertops (dishes will be cleaned by City staff)
Restrooms and Locker Rooms
Dust all ledges and partitions.
Janitorial Closet
• Wash sink basin and disinfect
• Mop floors and disinfect
• Restock supplies
MONTHLY JANITORIAL SERVICE
These items must be completed at least once a month in addition to all nightly and weekly
services.
• Clean doors and frames
• Clean base moldings and vacuum edge of carpeted areas
• Spot clean minor stains in carpet
• Spot clean wall surfaces in hallways
• Spot clean minor stains in seats at the reading desks and computer desks
Luncheon, Kitchen and Coffee Areas
Remove lime buildup from faucets.
RPctrnnmc
• Thoroughly wash partitions, walls, and doors
• Thoroughly wash all floors and detail corners
• Strip and re -wax floors
• Remove lime buildup from all fixtures
• Clean showers and remove mildew
Exhibit A
Page 8 of 26
UARTERLY JANITORIAL SERVICE
• Shampoo hallways and high traffic areas
• Strip and re -wax tile floors
• Wash and wipe trash containers
• Wash all windows inside and out/power wash around windows and entries
QUARTERLY service dates will be scheduled by Contractor and Buildings
Superintendent on acceptance of the contract agreement.
Lunchrooms and Kitchen
• Wash and wipe trash containers
• Strip and re -wax tile floors
BI-ANNUAL JANITORIAL SERVICES
• Vacuum heating and air conditioning vents
• Steam clean all carpeted areas
BI-ANNUAL services will be performed in March and September. Exact dates will be
scheduled by Contractor and Facilities Analyst on acceptance of the contract agreement.
Exhibit A
Page 9 of 26
WELLNESS CENTER
Seven days per week; Offices at all locations, conference rooms, reception areas, open
common areas, restrooms, classrooms, lobbies, lounges, inside walkways, entryways,
fitness room, office, aerobic room and fitness restrooms with shower facilities.
NIGHTLY JANITORIAL SERVICE
• All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
• Sweep and mop all hard flooring and tiling with proper sanitizer (including dance
floor, stage area, and exterior tiled area at entry door)
• Vacuum all carpeted areas
• Dust desks, chairs, tables, and other office furniture and equipment (paperwork
must be cleared by City staff)
• Clean and polish all 6 drinking fountains
• Clean smoking containers and empty trash containers outside of entryway doors;
replace liners in trash containers
• Spot clean to remove fingerprints from glass entry doors; includes cleaning of
mirrors in the multi -purpose room, fitness room near free weights and the aerobic
room.
• Spot clean to remove fingerprints from inside window areas
• Dust cubbies/shelves in aerobic room.
Kitchen and Coffee Areas
• Clean and disinfect all sinks and countertops (dishes cleaned by City Staff); damp
wipe the wet bar and sink in the Hospitality Room area and the Arts & Crafts room
• Clean microwaves inside and out
• Clean and disinfect coffee machines
• Clean and disinfect water dispensers
• Clean outside of refrigerators and freezer
• Damp wipe all table tops and chair seats
Restrooms and Locker Rooms
• Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings,
bright work, and countertops.
• Clean tile behind urinals
• Clean all mirrors from top to bottom
• Sweep floors and mop with germicidal cleaner
• Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
• Repair, replace, or report broken paper towel dispensers and soap dispensers to
City
• Clean and sanitize showers in fitness restrooms
• Damp wipe/dust lockers in fitness room
Exhibit A
Page 10 of 26
Janitorial Closets
• Remove all trash to designated area
• Maintain neat and orderly storage
• Expanded men's and women's restrooms have additional closet space for storage
WEEKLY JANITORIAL SERVICE
These items must be performed at least once each week in addition to the nightly service.
Offices at all locations, conference rooms, reception areas, open common areas,
restrooms, classrooms, lobbies, inside walkways, entryways, fitness room, office, and
aerobic room.
• Scrub and buff all tile floors
• Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing
dust and cobwebs
• Dust all picture frames and artwork and counter areas
• Move chairs and vacuum under desks
• Wash entrances and patios
• Clean glass entry doors and glass partitions/windows top to bottom
• Clean windows in fitness room
Kitchen and Coffee Areas
• Deep clean and polish sinks and countertops (dishes will be cleaned by City staff)
• Clean and sanitize garbage disposal.
Restrooms
Dust all ledges and partitions.
Janitorial Closet
• Wash sink basin and disinfect
• Mop floors and disinfect
• Restock supplies
Patio Areas
• Power wash and rinse down areas
• Wash down outside furniture when cushions are not present.
Exhibit A
Page 11 of 26
MONTHLY JANITORIAL SERVICE
These items must be completed at least once each month in addition to all nightly and
weekly services.
• Clean doors, door frames, and inside window areas
• Clean base moldings and vacuum edge of carpeted areas
• Spot clean minor stains in carpet
• Spot clean wall surfaces in hallways
• Spot clean minor stains on furniture in lobby, hospitality area, and fitness room
(Only use clean water on furniture. No chemicals)
Kitchen and Coffee Areas
Remove lime buildup from faucets.
RPctrnnmc
• Thoroughly wash partitions, walls, and doors
• Thoroughly wash all floors and detail corners
• Strip and re -wax floors
• Remove lime buildup from all fixtures and shower areas
QUARTERLY JANITORIAL SERVICE
• Shampoo hallways and high traffic areas
• Carpet clean the multipurpose room
• Strip and re -wax tile
• Wash and wipe trash containers
• Wash all windows inside and out/power wash around windows and entries
KitrhPn
• Wash and wipe trash containers
• Strip and re -wax tile floors
BIANNUAL JANITORIAL SERVICES
Vacuum heating and air conditioning vents
ANNUAL JANITORIAL SERVICE
Carpet buff and clean all carpeted areas
Exhibit A
Page 12 of 26
MUSEUM
Offices at all locations, conference rooms, exhibit areas, open common areas, restrooms,
classrooms, lobbies, inside walkways, and entryways.
NIGHTLY JANITORIAL SERVICE
• All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
• Sweep and mop all hard flooring and tiling with proper sanitizer
• Vacuum all carpeted areas including elevator
• Dust desks, chairs, tables, and other office furniture and equipment (paperwork
must be cleared by City staff)
• Clean and polish all drinking fountains
• Clean smoking containers and empty trash containers outside of entryway doors;
replace liners in trash containers
• Spot clean to remove fingerprints from glass entry doors, glass partitions, mirrors,
and stainless -steel elevator walls and doors
Lunchroom, Kitchen and Coffee Areas
• Clean and disinfect all sinks and countertops (dishes cleaned by City Staff)
• Clean microwave inside and out
• Clean outside of refrigerators
• Rinse coffee pots and filter bowl
• Run dishwasher
• Damp wipe all table tops and chair seats
Restrooms and Locker Rooms
• Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings,
bright work, and countertops.
• Clean tile behind urinals
• Clean all mirrors from top to bottom
• Sweep floors and mop with germicidal cleaner
• Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
• Repair, replace, or report broken paper towel dispensers and soap dispensers to
City
Janitorial Closets
• Sweep or dust mop floor
• Remove all trash to designated area
• Maintain neat and orderly storage
Exhibit A
Page 13 of 26
WEEKLY JANITORIAL SERVICE
These items must be performed at least once each week in addition to the nightly service.
• Buff all tile floors
• Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing
dust and cobwebs
• Dust all picture frames, artwork, and book shelves
• Move chairs and vacuum under desks
• Wash entrances
• Clean glass entry doors and glass partitions top to bottom
Lunchroom, Kitchen and Coffee Areas
Deep clean and polish sinks and countertops (dishes will be cleaned by City staff)
Restrooms and locker Rooms
Dust all ledges and partitions
Janitorial Closet
• Wash sink basin and disinfect
• Mop floors and disinfect
• Restock supplies
MONTHLY JANITORIAL SERVICE
These items must be completed at least once each month in addition to all nightly and
weekly services.
• Clean doors and frames
• Clean base moldings and vacuum edge of carpeted areas
• Spot clean minor stains in carpet
• Spot clean wall surfaces in hallways
• Spot clean minor stains in seats
Luncheon, Kitchen and Coffee Areas
Remove lime buildup from faucets
Restrooms
• Thoroughly wash partitions, walls, and doors
• Thoroughly wash all floors and detail corners
• Strip and re -wax floors
• Remove lime buildup from all fixtures
• Clean showers and remove mildew
Exhibit A
Page 14 of 26
UARTERLY JANITORIAL SERVICE
These items must be completed at least quarterly in addition to all nightly and weekly
services.
• Shampoo hallways and high traffic areas
• Strip and re -wax tile floors
• Wash and wipe trash containers
• Wash all windows inside and out/power wash around windows and entries
Lunchrooms and Kitchen
• Wash and wipe trash containers
• Strip and re -wax tile floors
BI-ANNUAL JANITORIAL SERVICES
Vacuum heating and air conditioning vents
ANNUAL JANITORIAL SERVICE
Steam clean all carpeted areas including elevator
Exhibit A
Page 15 of 26
PARK RESTROOMS
Cove Restroom, Silver Rock Park, Fritz Burns Park, Sports Complex, Colonel
Mitchell Paige, La Quinta Park
DAILY/NIGHTLY JANITORIAL SERVICE
• Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings,
bright work and countertops.
• Clean tile and walls behind urinals
• Sweep floors and mop with a scented germicidal/cleaner and disinfectant
• Wash waste containers, including lids, and replace liners
• Clean all mirrors from top to bottom
• Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
• Repair, replace, or report broken paper towel and soap dispensers to City
• Daily maintenance of the La Quinta Park small restroom building.
Janitorial Closets
• Remove all trash to designated area
• Maintain neat and orderly storage
WEEKLY JANITORIAL SERVICE
• Restock supplies
• Scrub and hose entryways
MONTHLY JANITORIAL SERVICE
• Thoroughly wash partitions and doors
• Spot clean wall surfaces
• Thoroughly wash all floors and detail corners
• Remove lime buildup from all fixtures
• Pressure wash all interior ceilings, walls, and surfaces
BIANNUAL JANITORIAL SERVICES
• Stock extra toilet paper and a paper towel in storage rooms in case they run out
/9\I\I■ILIMMA
Provide an extra case of toilet paper and a case of folded paper towels to the La Quinta
Park snack bar and Sports Complex snack bar (late -September and mid -January)
Exhibit A
Page 16 of 26
ANNAUL DEEP CLEANING
Clean out snack bars at La Quinta Park and Sports Complex in late -August (Remove all
trash; clean and polish sinks, shelves, and countertops; clean outside of all snack bar
equipment and refrigerators; clean hand sink basins and disinfect; wash glass windows;
dust all ledges and partitions; clean wall surfaces; thoroughly sweep and wash all floors
and detail corners; strip and re -wax floors; wash and wipe out trash containers)
Exhibit A
Page 17 of 26
PUBLIC WORKS YARD RESTROOMS AND OFFICES
Offices, conference rooms, reception areas, open common areas, restrooms (2-office,1-
shop exterior), inside walkways, and entryways.
NIGHTLY JANITORIAL SERVICE
• All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
• Sweep and mop all hard flooring and tiling
• Vacuum all carpeted areas
• Dust desks, chairs, tables, and other office furniture and equipment (paperwork
must be cleared by City staff)
• Clean and polish all drinking fountains
Lunchroom, Kitchen and Coffee Areas
• Clean and disinfect all sinks and countertops (dishes cleaned by City Staff);
• Clean microwaves inside and out
• Clean outside of refrigerators
• Rinse coffee pots and filter bowl
• Run dishwasher
• Damp wipe all table tops and chair seats
Restrooms and Locker Rooms
• Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings,
bright work, and countertops.
• Clean tile behind urinals
• Clean all mirrors from top to bottom
• Sweep floors and mop with germicidal cleaner
• Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
• Report broken paper towel dispensers and soap dispensers to City
Janitorial Closets
• Remove all trash to designated area
• Maintain neat and orderly storage
Exhibit A
Page 18 of 26
WEEKLY JANITORIAL SERVICE
These items must be performed at least once each week in addition to the nightly service.
• Buff all tile floors
• Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing
dust and cobwebs
• Dust all picture frames and bookshelves
• Move chairs and vacuum under desks
Lunchroom, Kitchen and Coffee Areas
Deep clean and polish sinks and countertops (dishes will be cleaned by City staff)
Restrooms and Locker Rooms
Dust all ledges and partitions
Janitorial Closet
• Wash sink basin and disinfect
• Mop floors and disinfect
• Restock supplies
MONTHLY JANITORIAL SERVICE
These items must be completed at least once each month in addition to all nightly and
weekly services.
• Clean doors and frames
• Clean base moldings and vacuum edge of carpeted areas
• Spot clean minor stains in carpet
• Spot clean wall surfaces in hallways
• Spot clean minor stains in seats
Luncheon, Kitchen and Coffee Areas
Remove lime buildup from faucets
Restrooms
• Thoroughly wash partitions, walls, and doors
• Thoroughly wash all floors and detail corners
• Strip and re -wax floors
• Remove lime buildup from all fixtures
Exhibit A
Page 19 of 26
UARTERLY JANITORIAL SERVICE
• Shampoo hallways and high traffic areas
• Strip and re -wax tile floors
• Wash and wipe trash containers
• Wash all windows inside and out/power wash around windows and entries
Lunchrooms and Kitchen
• Wash and wipe trash containers
• Strip and re -wax tile floors
BI-ANNUAL JANITORIAL SERVICES
Vacuum heating and air conditioning vents
ANNUAL JANITORIAL SERVICE
Steam clean all carpeted areas
Exhibit A
Page 20 of 26
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition, installation,
repair, or maintenance affecting real property or structures or improvements of any kind
appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this Section 1.3,
Contracting Party shall comply with applicable Federal, State, and local laws. Contracting
Party is aware of the requirements of California Labor Code Sections 1720, et seq., and
1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq.,
(collectively, the "Prevailing Wage Laws"), and La Quinta Municipal Code
Section 3.12.040, which require the payment of prevailing wage rates and the
performance of other requirements on "Public works" and "Maintenance" projects. If the
Services are being performed as part of an applicable "Public works" or "Maintenance"
project, as defined by the Prevailing Wage Laws, and if construction work over twenty-
five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance
work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after
January 1, 2015 by this Agreement„ Contracting Party agrees to fully comply with such
Prevailing Wage Laws including, but not limited to, requirements related to the
maintenance of payroll records and the employment of apprentices. Pursuant to
California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a
contract for public work on a "Public works" project unless registered with the California
Department of Industrial Relations ("DIR") at the time the contract is awarded. If the
Services are being performed as part of an applicable "Public works" or "Maintenance"
project, as defined by the Prevailing Wage Laws, this project is subject to compliance
monitoring and enforcement by the DIR. Contracting Party will maintain and will require
all subcontractors to maintain valid and current DIR Public Works contractor registration
during the term of this Agreement. Contracting Party shall notify City in writing
immediately, and in no case more than twenty-four (24) hours, after receiving any
information that Contracting Party's or any of its subcontractor's DIR registration status
has been suspended, revoked, expired, or otherwise changed. It is understood that it is
the responsibility of Contracting Party to determine the correct salary scale. Contracting
Party shall make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at Contracting Party's principal place of
business and at the project site, if any. The statutory penalties for failure to pay prevailing
wage or to comply with State wage and hour laws will be enforced. Contracting Party
must forfeit to City TWENTY FIVE DOLLARS ($25.00) per day for each worker who works
in excess of the minimum working hours when Contracting Party does not pay overtime.
In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is
the legal working day. Contracting Party also shall comply with State law requirements
to maintain payroll records and shall provide for certified records and inspection of records
as required by California Labor Code Section 1770 et seq., including Section 1776. In
Exhibit A
Page 21 of 26
addition to the other indemnities provided under this Agreement, Contracting Party shall
defend (with counsel selected by City), indemnify, and hold City, its elected officials,
officers, employees, and agents free and harmless from any claim or liability arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by
the parties that, in connection with performance of the Services, including, without
limitation, any and all "Public works" (as defined by the Prevailing Wage Laws),
Contracting Party shall bear all risks of payment or non-payment of prevailing wages
under California law and/or the implementation of Labor Code Section 1781, as the same
may be amended from time to time, and/or any other similar law. Contracting Party
acknowledges and agrees that it shall be independently responsible for reviewing the
applicable laws and regulations and effectuating compliance with such laws. Contracting
Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the provisions of
Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting
Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of
the labor and materials incorporated into the Services under this Agreement during the
month covered by said invoice. The remaining five percent (5%) thereof shall be retained
as performance security to be paid to Contracting Party within sixty (60) days after final
acceptance of the Services by the City Council of City, after Contracting Party has
furnished City with a full release of all undisputed payments under this Agreement, if
required by City. In the event there are any claims specifically excluded by Contracting
Party from the operation of the release, City may retain proceeds (per Public Contract
Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City's
failure to deduct or withhold shall not affect Contracting Party's obligations under the
Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or protection
of existing main or trunkline utilities to the extent such utilities were not identified in the
invitation for bids or specifications. City shall reimburse Contracting Party for any costs
incurred in locating, repairing damage not caused by Contracting Party, and removing or
relocating such unidentified utility facilities. Contracting Party shall not be assessed
liquidated damages for delay arising from the removal or relocation of such unidentified
utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract Code
Section 7104, in the event the work included in this Agreement requires excavations more
than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions
are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes
may be material that is hazardous waste, as defined in Section 25117 of the Health and
Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site
in accordance with provisions of existing law; (2) subsurface or latent physical conditions
at the site different from those indicated by information about the site made available to
bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the
Exhibit A
Page 22 of 26
site of any unusual nature, different materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the
conditions do materially so differ, or do involve hazardous waste, and cause a decrease
or increase in Contracting Party's cost of, or the time required for, performance of any
part of the work shall issue a change order per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and Contracting Party
whether the conditions materially differ, or involve hazardous waste, or cause a decrease
or increase in Contracting Party's cost of, or time required for, performance of any part of
the work, Contracting Party shall not be excused from any scheduled completion date
provided for by this Agreement, but shall proceed with all work to be performed under this
Agreement. Contracting Party shall retain any and all rights provided either by contract
or by law which pertain to the resolution of disputes and protests between the contracting
Parties.
5. Safety. Contracting Party shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out the Services, Contracting
Party shall at all times be in compliance with all applicable local, state, and federal laws,
rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which the work
is to be performed. Safety precautions as applicable shall include, but shall not be limited
to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all safety measures.
6. Liquidated Damages. Since the determination of actual damages for any
delay in performance of the Agreement would be extremely difficult or impractical to
determine in the event of a breach of this Agreement, Contracting Party shall be liable for
and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages
for each working day of delay in the performance of any of the Services required
hereunder, as specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out requirements, if any,
described in the Scope of Services. City may withhold from any moneys payable on
account of the Services performed by Contracting Party any accrued liquidated damages.
Exhibit A
Page 23 of 26
7. Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this Section 1.3,
Contracting Party shall comply with applicable Federal, State, and local laws. Contracting
Party is aware of the requirements of California Labor Code Sections 1720, et seq., and
1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq.,
(collectively, the "Prevailing Wage Laws"), and La Quinta Municipal Code
Section 3.12.040, which require the payment of prevailing wage rates and the
performance of other requirements on "Public works" and "Maintenance" projects. If the
Services are being performed as part of an applicable "Public works" or "Maintenance"
project, as defined by the Prevailing Wage Laws, and if construction work over twenty-
five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance
work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after
January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such
Prevailing Wage Laws including, but not limited to, requirements related to the
maintenance of payroll records and the employment of apprentices. Pursuant to
California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a
contract for public work on a "Public works" project unless registered with the California
Department of Industrial Relations ("DIR") at the time the contract is awarded. If the
Services are being performed as part of an applicable "Public works" or "Maintenance"
project, as defined by the Prevailing Wage Laws, this project is subject to compliance
monitoring and enforcement by the DIR. Contracting Party will maintain and will require
all subcontractors to maintain valid and current DIR Public Works contractor registration
during the term of this Agreement. Contracting Party shall notify City in writing
immediately, and in no case more than twenty-four (24) hours, after receiving any
information that Contracting Party's or any of its subcontractor's DIR registration status
has been suspended, revoked, expired, or otherwise changed. It is understood that it is
the responsibility of Contracting Party to determine the correct salary scale. Contracting
Party shall make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at Contracting Party's principal place of
business and at the project site, if any. The statutory penalties for failure to pay prevailing
wage or to comply with State wage and hour laws will be enforced. Contracting Party
must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who
works in excess of the minimum working hours when Contracting Party does not pay
overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight
(8) hours is the legal working day. Contracting Party also shall comply with State law
requirements to maintain payroll records and shall provide for certified records and
inspection of records as required by California Labor Code Section 1770 et seq., including
Section 1776. In addition to the other indemnities provided under this Agreement,
Contracting Party shall defend (with counsel selected by City), indemnify, and hold City,
its elected officials, officers, employees, and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It is agreed by the parties that, in connection with performance of the Services,
including, without limitation, any and all "Public works" (as defined by the Prevailing Wage
Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing
wages under California law and/or the implementation of Labor Code Section 1781, as
Exhibit A
Page 24 of 26
the same may be amended from time to time, and/or any other similar law. Contracting
Party acknowledges and agrees that it shall be independently responsible for reviewing
the applicable laws and regulations and effectuating compliance with such laws.
Contracting Party shall require the same of all subcontractors.
8. Retention. Payments shall be made in accordance with the provisions of
Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting
Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of
the labor and materials incorporated into the Services under this Agreement during the
month covered by said invoice. The remaining five percent (5%) thereof shall be retained
as performance security to be paid to Contracting Party within sixty (60) days after final
acceptance of the Services by the City Council of City, after Contracting Party has
furnished City with a full release of all undisputed payments under this Agreement, if
required by City. In the event there are any claims specifically excluded by Contracting
Party from the operation of the release, City may retain proceeds (per Public Contract
Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City's
failure to deduct or withhold shall not affect Contracting Party's obligations under the
Agreement.
9. Utility Relocation. City is responsible for removal, relocation, or protection
of existing main or trunk -line utilities to the extent such utilities were not identified in the
invitation for bids or specifications. City shall reimburse Contracting Party for any costs
incurred in locating, repairing damage not caused by Contracting Party, and removing or
relocating such unidentified utility facilities. Contracting Party shall not be assessed
liquidated damages for delay arising from the removal or relocation of such unidentified
utility facilities.
10. Trenches or Excavations. Pursuant to California Public Contract Code
Section 7104, in the event the work included in this Agreement requires excavations more
than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions
are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes
may be material that is hazardous waste, as defined in Section 25117 of the Health and
Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site
in accordance with provisions of existing law; (2) subsurface or latent physical conditions
at the site different from those indicated by information about the site made available to
bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the
site of any unusual nature, different materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the
conditions do materially so differ, or do involve hazardous waste, and cause a decrease
or increase in Contracting Party's cost of, or the time required for, performance of any
part of the work shall issue a change order per Section 1.8 of the Agreement.
Exhibit A
Page 25 of 26
(c) in the event that a dispute arises between City and Contracting Party
whether the conditions materially differ, or involve hazardous waste, or cause a decrease
or increase in Contracting Party's cost of, or time required for, performance of any part of
the work, Contracting Party shall not be excused from any scheduled completion date
provided for by this Agreement, but shall proceed with all work to be performed under this
Agreement. Contracting Party shall retain any and all rights provided either by contract
or by law which pertain to the resolution of disputes and protests between the contracting
Parties.
11. Safety. Contracting Party shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out the Services, Contracting
Party shall at all times be in compliance with all applicable local, state, and federal laws,
rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which the work
is to be performed. Safety precautions as applicable shall include, but shall not be limited
to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all safety measures.
12. Liquidated Damages. Since the determination of actual damages for any
delay in performance of the Agreement would be extremely difficult or impractical to
determine in the event of a breach of this Agreement, Contracting Party shall be liable for
and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages
for each working day of delay in the performance of any of the Services required
hereunder, as specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out requirements, if any,
described in the Scope of Services. City may withhold from any moneys payable on
account of the Services performed by Contracting Party any accrued liquidated damages.
Exhibit A
Page 26 of 26
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in
Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting
Party under this Agreement is not to exceed ($ )
("Contract Sum"). The Contract Sum shall be paid to Contracting Party in installment
payments made on a monthly basis and in an amount identified in Contracting Party's
schedule of compensation attached hereto for the work tasks performed and properly
invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.
Exhibit B
Page 1of1
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services,
Exhibit A of this Agreement, in accordance with the Project Schedule. The following table
itemizes the services provided, the frequency of service, and the charges for each
location:
ITEM
LOCATION
TIMES
TOTAL PER
PER YEAR
SQUARE
NUMBER OF
NO.
PER
MONTH IN
FEET
RESTROOMS
WEEK
DOLLARS
City Hall
X12=
MEN-5
WOMEN - 5
1a
78495 Calle Tampico
5
$
Toilets 20
Mon. -Fri. After 5:30 p.m.
-
$
48,400
Urinals - 4
City Hall Patios
X12=
1b
After 5:30 p.m.
1
$
$
1,301
City Hall
X12=
MEN-1
Emergency Operations Center, Stairwells
WOMEN - 1
1c
Front and Back & Hallways (Archive room
1
$
Toilets - 3
NOT include)
$
3,100
Urinals - 1
After 5:30 p.m.
1d
City Hall Special Covid Disinfecting as
As
$
As needed
48,400
Needed after 5:30
needed
Library Book & Office Areas
X12=
MEN — 1
2a
78275 Calle Tampico
7
WOMEN — 1
$
$
Toilets — 5
Sun. — Sat. After 7 p.m.
16,000
Urinals — 1
2b
Library Classroom & Community Room
7
$
X12=
with Kitchen
$
2,000
Exterior Library Restrooms
X12
MEN-1
Lock Restrooms after Cleaning
WOMEN - 1
2c
7
$
Toilets - 2
$
160
2d
Library Special Covid Disinfecting as
As
$
As needed
16,000
needed after 7:00 p.m.
needed
Wellness Center
X12=
MEN-2
WOMEN - 2
78450 Avenida La Fonda
3a
Mon -Fri After 10 p.m.
7
$
SHARED-1
$
Toilets - 10
16,240
Urinals - 2
Exhibit C
Page 1 of 3
ITEM
LOCATION
TIMES
TOTAL PER
PER YEAR
SQUARE
NUMBER OF
NO.
PER
MONTH IN
FEET
RESTROOMS
WEEK
DOLLARS
Wellness Center/ Multi -purpose Area
MEN-2
as needed after events
WOMEN - 2
3b
N/A
$
Reimbursed by
SHARED-1
(Flat Rate/2-week notice)
Renters
Toilets - 10
16,240
Urinals - 2
Wellness Center Patios
X12=
3c
After 10 p.m.
1
$
$
2,500
3d
Wellness Center Special Covid Disinfecting
As
$
As Needed
16,240
as needed after 10 p.m.
Needed
X12=
MEN-1
Museum
77885 Avenida Montezuma
WOMEN - 1
4a
Mon. -Fri. After 9:30 p.m.
5
$
SHARED-1
$
Toilets - 6
8,800
Urinals - 1
Museum Meeting Room/ Special Cleaning
4b
as needed after events.
N/A
$
Reimbursed by
(Flat Rate/2-week notice)
Renters
1,000
Museum Special Covid Disinfecting as
As
As Needed
8,800
4c
Needed
Needed
$
Public Works Yard (Offices &
X12=
MEN-1
Restrooms) 78109 Avenue 52
WOMEN - 1
5a
5
$
$
1,900
MEN -1 Exterior
Mon —Fri After 5:30 p.m.
Shop
Toilets - 3
5b
Public Works Yard Special Covid
As
$
As Needed
1,900
Disinfecting
Needed
Sports Complex
X12=
MEN-3
6
78900 Avenue 50
7
$
WOMEN - 3
Mon —Sun After 10 p.m.
Toilets - 6
Lock Restrooms after Cleaning
$
880
Urinals - 3
Fritz Burns Park Restrooms
X12=
MEN-1
7a
78060 Frances Hack Lane
7
$
WOMEN - 1
Mon -Sun after 10 p.m.
Toilets - 2
Lock Restrooms after cleaning
$
400
Colonel Mitchell Paige Restrooms
X11=
MEN-1
43495 Palm Royal Drive
WOMEN - 1
8
Mon —Fri After 10 p.m. (Aug1—June 1)
5
$
X4=
Toilets - 4
Sat after 10 p.m. (Nov1 - Feb-1)
6
$
Urinals —1
Lock Restrooms After Cleaning
125
-2-
ITEM
LOCATION
TIMES
TOTAL PER
PER YEAR
SQUARE
NUMBER OF
NO.
PER
MONTH IN
FEET
RESTROOMS
WEEK
DOLLARS
La Quinta Park Restrooms
X12=
MEN-1
79120 Blackhawk Way
WOMEN - 1
9a
Sat -Sun @ 11a.m. & 11p.m. &
9
$
Toilets - 6
Mon -Fri after 10 p.m.
$
380
Urinals - 1
Lock Restrooms After Nightly Cleaning
La Quinta Park, New Restrooms
X9
MEN-1
9b
71290 Blackhawk Way
6
$
WOMEN — 1
Mon —Sat @ 11 p.m. (Nov1— July31)
Toilets — 6
Lock Restrooms After Nightly Cleaning
220
Urinals - 2
La Quinta Park Snack Bar
X1=
9c
79120 Blackhawk Way
N/A
$
Annual Super Cleaning -August
$
220
X12=
MEN-1
Fritz Burns Pool Restroom & Offices
WOMEN - 1
10
78060 Frances Hack Lane
6
$
Toilets - 5
After 7 p.m.
$
990
Urinals - 1
Silver Rock Park Restrooms
12X=
150
MEN-1
11
51900 Silver Rock Way
7
$
Women - 1
After 10 p.m.
$
Toilets-4
Lock restrooms after nightly cleaning
IUrinals
- 2
Silver Rock Park Building
As needed
3,000
MEN-1
11a
Flat Rate
As
$
WOMEN — 1
Needed
Toilets — 4
Urinals - 2
Cove Restroom
X12=
50
Unisex Toilet - 1
12
La Quinta Cove Trailhead
7
$
After 10 p.m.
$
Lock restroom after cleaning
TOTAL PER
TOTAL PER
MONTH
YEAR
TOTAL BASE PRICE FOR ONE YEAR $
TOTAL BASE PRICE FOR ONE YEAR (Words):
-3-
Exhibit D
Special Requirements
California Displaced Janitor Opportunity Act
The Displaced Janitor Opportunity Act (California Labor Code Sections 1060-1065)
became effective on January 1, 2002. The law applies to companies that employ 25 or
more individuals. Covered employees are those who work at least 15 hours per week
under a contract to provide janitorial or building maintenance services.
The law requires contractors and subcontractors that obtain a new contract from an
awarding authority to provide janitorial or building maintenance services at a job site or
sites to retain for a 60-day transition period employees who have been employed by the
former contractor or subcontractor for the preceding four months or longer at the site or
sites covered by the successor service contract, unless the successor contractor or
subcontractor has "reasonable and substantiated" cause not to hire an employee based
on his or her previous performance or conduct .
The successor contractor or subcontractor is required to provide a written offer of
employment to each employee in the employee's primary language or another language
in which the employee is literate. The offer should state the time within which the
employee must accept the offer, but in no case may that time be less than 10 days.
Nothing in the law requires the successor contractor or successor subcontractor to pay
the same wages or offer the same benefits as were provided by the prior contractor or
prior subcontractor.
At the end of the 60-day transition employment period, the successor contractor or
successor subcontractor is required to provide a written performance evaluation to each
employee retained pursuant to this law. If the employee's performance during that 60-day
period is satisfactory, the employee must be offered continued employment. Any
employment after the 60-day transition employment period is at -will employment.
If at any time the successor contractor or subcontractor determines that fewer employees
are needed to perform the contract than were required by the previous contractor, the
successor contractor or subcontractor is required to retain employees by seniority within
the job classification.
Once the new contract begins, the successor contractor or subcontractor must provide to
the awarding authority (1) a list of employees providing services at the site or sites
covered under that contract, indicating which of these employees were employed at the
site or sites by the terminated contractor or terminated subcontractor and (2) a list of any
of the terminated contractor's employees who were not retained, stating the reason these
employees were not retained.
Exhibit D
Page 1 of 2
The law establishes additional requirements for the new contractor or subcontractor
during the 60-day transition employment period, including:
• maintaining a preferential hiring list of eligible covered employees who were not
retained from which the contractor or subcontractor must hire additional employees
until such time as all of the terminated contractor's or terminated subcontractor's
employees have been offered employment.
• Refraining from discharging without cause an employee retained pursuant to this
law. Cause must be based only on the performance or conduct of the particular
employee.
Source: California Labor Code Sections 1060-1065
-2-
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this
Agreement, the following policies shall be maintained and kept in full force and effect
providing insurance with minimum limits as indicated below and issued by insurers with
A.M. Best ratings of no less than A -VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Auto Liability Additional Insured
Personal Auto Declaration Page if applicable
Workers' Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General Liability insurance
against all claims for injuries against persons or damages to property resulting from
Contracting Party's acts or omissions rising out of or related to Contracting Party's
performance under this Agreement. The insurance policy shall contain a severability of
interest clause providing that the coverage shall be primary for losses arising out of
Contracting Party's performance hereunder and neither City nor its insurers shall be
required to contribute to any such loss. An endorsement evidencing the foregoing and
naming the City and its officers and employees as additional insured (on the Commercial
General Liability policy only) must be submitted concurrently with the execution of this
Agreement and approved by City prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property arising out
of the use of any automobile by Contracting Party, its officers, any person directly or
indirectly employed by Contracting Party, any subcontractor or agent, or anyone for
whose acts any of them may be liable, arising directly or indirectly out of or related to
Contracting Party's performance under this Agreement. If Contracting Party or
Contracting Party's employees will use personal autos in any way on this project,
Exhibit E
Page 1 of 5
Contracting Party shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer
or semi -trailer designed for travel on public roads. The automobile insurance policy shall
contain a severability of interest clause providing that coverage shall be primary for losses
arising out of Contracting Party's performance hereunder and neither City nor its insurers
shall be required to contribute to such loss.
Contracting Party shall carry Workers' Compensation Insurance in
accordance with State Worker's Compensation laws with employer's liability limits no less
than $1,000,000 per accident or disease.
Contracting Party shall provide written notice to City within ten (10) working
days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the
required polices are reduced; or (3) the deductible or self -insured retention is increased.
In the event any of said policies of insurance are cancelled, Contracting Party shall, prior
to the cancellation date, submit new evidence of insurance in conformance with this
Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of Contracting
Party's obligation to indemnify City, its officers, employees, contractors, subcontractors,
or agents.
E.2 Remedies. In addition to any other remedies City may have if Contracting
Party fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement and/or
withhold any payment(s) which become due to Contracting Party hereunder until
Contracting Party demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
Contracting Party's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which
Contracting Party may be held responsible for payments of damages to persons or
property resulting from Contracting Party's or its subcontractors' performance of work
under this Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by
Contracting Party. Contracting Party and City agree to the following with respect to
insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
Exhibit E
Page 2 of 5
employees, and agents, using standard ISO endorsement No. CG 2010 with an edition
prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors
to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the
right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to require all
contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party and
available or applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to City or
its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called "third party action over" claims, including any exclusion for bodily
injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Contracting Party shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior written
consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all the coverages required and an additional insured
endorsement to Contracting Party's general liability policy, shall be delivered to City at or
prior to the execution of this Agreement. In the event such proof of any insurance is not
delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Contracting Party or deducted from sums due Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Contracting Party or any subcontractor, is intended
to apply first and on a primary, non-contributing basis in relation to any other insurance
or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by Contracting
Party, provide the same minimum insurance coverage required of Contracting Party.
Contracting Party agrees to monitor and review all such coverage and assumes all
Exhibit E
Page 3 of 5
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contracting Party agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to City for review.
10. Contracting Party agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein (with the
exception of professional liability coverage, if required) and further agrees that it will not
allow any contractor, subcontractor, Architect, Engineer or other entity or person in any
way involved in the performance of work on the project contemplated by this agreement
to self -insure its obligations to City. If Contracting Party's existing coverage includes a
deductible or self -insured retention, the deductible or self -insured retention must be
declared to the City. At that time the City shall review options with the Contracting Party,
which may include reduction or elimination of the deductible or self -insured retention,
substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contracting Party
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Contracting Party, the City will negotiate additional
compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or alleged
failure on the part of City to inform Contracting Party of non-compliance with any
insurance requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
14. Contracting Party will renew the required coverage annually as long as City,
or its employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether the agreement is canceled or terminated for
any reason. Termination of this obligation is not effective until City executes a written
statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance
and an additional insured endorsement is required in these specifications applicable to
the renewing or new coverage must be provided to City within five (5) days of the
expiration of coverages.
16. The provisions of any workers' compensation or similar act will not limit the
obligations of Contracting Party under this agreement. Contracting Party expressly
Exhibit E
Page 4 of 5
agrees not to use any statutory immunity defenses under such laws with respect to City,
its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct from
any other provision in this Agreement and are intended by the parties here to be
interpreted as such.
19. The requirements in this Exhibit supersede all other sections and provisions
of this Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge City
or Contracting Party for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not the
intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or other
amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of any claim
or loss against Contracting Party arising out of the work performed under this agreement.
City assumes no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to involve City.
Exhibit E
Page 5 of 5
Exhibit F
Indemnification
F.1 Indemnitv for the Benefit of Ci
a. Indemnification for Professional Liability. When the law establishes a
professional standard of care for Contracting Party's Services, to the fullest extent
permitted by law, Contracting Party shall indemnify, protect, defend (with counsel
selected by City), and hold harmless City and any and all of its officials, employees, and
agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of
every kind, nature, and description, damages, injury (including, without limitation, injury
to or death of an employee of Contracting Party or of any subcontractor), costs and
expenses of any kind, whether actual, alleged or threatened, including, without limitation,
incidental and consequential damages, court costs, attorneys' fees, litigation expenses,
and fees of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, to the extent same are caused in whole or in part by any negligent
or wrongful act, error or omission of Contracting Party, its officers, agents, employees or
subcontractors (or any entity or individual that Contracting Party shall bear the legal
liability thereof) in the performance of professional services under this agreement. With
respect to the design of public improvements, the Contracting Party shall not be liable for
any injuries or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Contracting Party.
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Contracting
Party shall indemnify, defend (with counsel selected by City), and hold harmless the
Indemnified Parties from and against any liability (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses) incurred in
connection therewith and costs of investigation, where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of
this Agreement by Contracting Party or by any individual or entity for which Contracting
Party is legally liable, including but not limited to officers, agents, employees, or
subcontractors of Contracting Party.
C. Indemnity Provisions for Contracts Related to Construction (Limitation on
Indemnity). Without affecting the rights of City under any provision of this agreement,
Contracting Party shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent and where
City's active negligence accounts for only a percentage of the liability involved, the
obligation of Contracting Party will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Exhibit F
Page 1 of 2
d. Indemnification Provision for Desian Professionals.
1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a)
hereinabove, the following indemnification provision shall apply to a Contracting Party
who constitutes a "design professional" as the term is defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a professional
standard of care for Contracting Party's Services, to the fullest extent permitted by law,
Contracting Party shall indemnify and hold harmless City and any and all of its officials,
employees, and agents ("Indemnified Parties") from and against any and all losses,
liabilities of every kind, nature, and description, damages, injury (including, without
limitation, injury to or death of an employee of Contracting Party or of any subcontractor),
costs and expenses, including, without limitation, incidental and consequential damages,
court costs, reimbursement of attorneys' fees, litigation expenses, and fees of expert
consultants or expert witnesses incurred in connection therewith and costs of
investigation, to the extent same are caused by any negligent or wrongful act, error or
omission of Contracting Party, its officers, agents, employees or subcontractors (or any
entity or individual that Contracting Party shall bear the legal liability thereof) in the
performance of professional services under this agreement. With respect to the design
of public improvements, the Contracting Party shall not be liable for any injuries or
property damage resulting from the reuse of the design at a location other than that
specified in Exhibit A without the written consent of the Contracting Party.
3. Design Professional Defined. As used in this Section F.1(d), the
term "design professional" shall be limited to licensed architects, registered professional
engineers, licensed professional land surveyors and landscape architects, all as defined
under current law, and as may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees
to obtain executed indemnity agreements with provisions identical to those set forth
herein this Exhibit F, as applicable to the Contracting Party, from each and every
subcontractor or any other person or entity involved by, for, with or on behalf of
Contracting Party in the performance of this Agreement. In the event Contracting Party
fails to obtain such indemnity obligations from others as required herein, Contracting
Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City
to monitor compliance with these requirements imposes no additional obligations on City
and will in no way act as a waiver of any rights hereunder. This obligation to indemnify
and defend City as set forth in this Agreement are binding on the successors, assigns or
heirs of Contracting Party and shall survive the termination of this Agreement.
Exhibit F
Page 2 of 2
taa�
ATTACHMENT 3
INSURANCE REQUIREMENTS ACKNOWLEDGEMENT
Must be executed by proposer and submitted with the proposal
(name) hereby acknowledge and confirm that
(name of company) has reviewed
the City's indemnification and minimum insurance requirements as listed in Exhibits E and
F of the City's Agreement for Contract Services (Attachment 1); and declare that insurance
certificates and endorsements verifying compliance will be provided if an agreement is awarded.
lam
(Title)
of
(Company)
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence); $2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Worker's Compensation (per statutory requirements)
Must include the following endorsements:
Worker's Compensation Waiver of Subrogation
Worker's Compensation Declaration of Sole Proprietor if applicable
Page 30 of 32
lam
ATTACHMENT 4
NON -COLLUSION AFFIDAVIT FORM
Must be executed by proposer and submitted with the proposal
(name) hereby declare as follows:
of
(Title) (Company)
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; that the
proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced
or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly
colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal,
or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of
the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price,
or of that of any other proposer, or to secure any advantage against the public body awarding the
agreement of anyone interested in the proposed agreement; that all statements contained in the
proposal are true; and, further, that the proposer 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
hereto, 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.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct.
Proposer Signature:
Proposer Name:
Proposer Title:
Company Name:
Address:
Page 31 of 32
taa�
ATTACHMENT 5
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
Must be executed by proposer and submitted with the proposal;
If no addenda has been issued, mark "N/A" under Addendum No. indicating
Not Applicable and sign
/_1Q11=1kiIBill LVAIz[9� 9[0z/_Ai11N=1IzIQ[a_AIU1[cm :7x41=1li0
Page 32 of 32