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HomeMy WebLinkAboutAGENDA REPORT 2020 0617 CCSA REG JNT DC ITEM 10JCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of June 17, 2020 ACTION Approved staff recommendation. BY B.Garza. J. Consider Award of Agreement to Charles Von Rueden DBA ServiceMaster Professional Building Maintenance for Janitorial Services at Various City Facilities and Parks. Staff Recommendation: Award an Agreement to ServiceMaster for janitorial services at various City facilities and parks in the amount of $186,401 per year, which includes an annual contingency of $24,000, with two optional one-year extensions, for a total contract value over three years of $559,203 and authorize the City Manager to execute the Agreement, subject to final language approval of the City Manager. (Staff: Chris Ball) Item: 10.J. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director BY: Chris Ball, Management Analyst DATE: 06/17/2020 Regular Meeting SUBJECT: Consider Award of Agreement to Charles Von Rueden DBA ServiceMaster Professional Building Maintenance for Janitorial Services at Various City Facilities and Parks BACKGROUND The City has historically provided regular cleaning services at various City facilities through janitorial service agreements with qualified custodial service companies, while regular cleaning service for the City’s park restroom facilities has been provided through the City’s park maintenance contract. Currently janitorial services are provided by Charles Von Rueden DBA ServiceMaster Professional Building Maintenance (ServiceMaster), and park maintenance services are provided by Venco Western, Inc. (Venco). The current janitorial service agreement provides for regular cleaning of the Moorpark Public Library (Library), the Ruben Castro Human Services Center (RCHSC), and the Moorpark Public Service Facility (MPSF). It also provides annual deep cleaning of these facilities, as well as deep cleaning of City Hall, the Community Center, the Active Adult Center (AAC), and Arroyo Vista Recreation Center (AVRC). The landscape maintenance contract provides for cleaning on weekdays of the twelve public restrooms located at City parks. It also calls for unlocking the restroom facilities in the morning along with several other park facilities, including the dog park at College View Park, the skate park at Poindexter Park, and the Shady Ridge buffer zone. In May of 2019 staff was able to realize a modest cost savings by modifying the park restroom service arrangement to have ServiceMaster clean park restrooms on weekends and holidays, and Venco clean park restrooms on Mondays, Wednesdays, and Fridays. More significantly, this schedule improved service to the community by better aligning park restroom cleaning with days of high park usage. Recreation staff currently provides supplemental park restroom cleaning on Tuesdays and Thursdays. Item: 10.J. 249 Honorable City Council 06/17/2020 Regular Meeting Page 2 DISCUSSION The current janitorial service agreement is scheduled to expire on June 30, 2020, and although it contains an optional contract extension provision, staff elected to issue a Request for Proposals (RFP) in order to implement additional service enhancements and test the market for current service rates. The RFP prepared by staff included a number of enhancements to the current service provisions, some of which were added in response to the COVID-19 pandemic. For example, the scope of service for City facilities specifically required sanitizing common points of contact such as door handles, and restocking hand sanitizer dispensers. The RFP also addressed park restroom cleaning service by including daily restroom cleaning and sanitizing seven days a week, including weekends and holidays. Thus, responsibility for park restroom cleaning service is fully transferred to the janitorial service contract. Service to the community is also improved by providing full cleaning and sanitizing services for the park restrooms every day of the year. Daily unlocking of the park restrooms as well as the aforementioned dog park, skate park, and buffer zone are also included in the RFP. The RFP for janitorial services was posted by the City Clerk on May 6, 2020. Interested service providers were offered guided after-hours tours of the facilities the week of May 18th. Tour participants were required to wear facemasks and follow social distancing protocols. The City received five proposals by the due date of May 29, 2020. Proposal solicitation and review was conducted in accordance with City Council Resolution No. 2019-3829 governing the procurement of contractual services. The proposal costs are summarized below: Contractor Name Proposal (Annual Cost) ServiceMaster $162,401.00 Haynes Building Service, LLC $170,784.88 Executive Facilities Services, Inc. $173,039.54 Allied Universal Janitorial Services $174,275.13 Sturdy Built, Inc. $315,850.00 In addition to submitting the lowest bid, ServiceMaster is the City’s current janitorial service provider and possesses a thorough knowledge of the City’s facility and park restroom service requirements. Staff feels that they have the necessary qualifications and experience to perform the required services. The City Council is now being asked to award a twelve (12) month agreement (July 1, 2020 through June 30, 2021) with an option to extend the agreement for two (2) additional one (1) year periods to ServiceMaster. The table below presents a side by side comparison of the City’s current annual service costs for janitorial services at City facilities and parks and the low bid proposal costs. 250 Honorable City Council 06/17/2020 Regular Meeting Page 3 Facility Current Cost (FY 19/20) Proposal Cost Increase/ (Decrease) Library $ 23,148.00 $ 21,688.00 $ (1,460.00) RCHSC $ 22,014.00 $ 16,743.00 $ (5,271.00) MPSF $ 11,084.00 $ 15,538.00 $ 4,454.00 AVRC $ 9,900.00 $ 13,070.00 $ 3,170.00 City Hall / Civic Center $ 9,570.00 $ 6,970.00 $ (2,600.00) AAC $ 4,000.00 $ 1,680.00 $ (2,320.00) Facility Total: $ 79,716.00 $ 75,689.00 $ (4,027.00) Park restroom cleaning and unlocking services *$ 61,620.00 $ 86,712.00 $ 25,092.00 TOTAL SERVICE COST: $141,336.00 $162,401.00 $21,065.00 *Current restroom service includes cleaning 3 days per week by Venco ($37,440) and weekend and holiday service by ServiceMaster ($24,180). As shown in the table above, the total janitorial service cost for City facilities under the new proposal would decrease by $4,027 annually as compared to the current cost. The cost for park restroom cleaning and unlocking services reflects a cost increase of $25,092, however it is important to note that the proposal includes service seven days per week, whereas current service provides five days per week (Monday, Wednesday, Friday, and weekends). Under the current contract terms, the addition of Tuesday and Thursday restroom services would cost the City an additional $24,960 annually, which is comparable to the new proposal. Staff also explored the possibility of having the park maintenance contractor (Venco) take over daily restroom cleaning services, however their estimated cost of over $120,000 was prohibitively high. Given the current state of the COVID-19 pandemic, staff feels that expanding the schedule for park restroom cleaning and sanitizing to seven days per week is important for the safety of park patrons and, by extension, the community at large. Staff is currently exploring service level reductions to park maintenance service that would result in savings to the City to offset the increased cost included in the new proposal for daily park restroom service. The results of that study are scheduled to be presented to the City Council in July. FISCAL IMPACT Adequate funding has been included in the fiscal year (FY) 2020/21 budget for the proposed janitorial services at City facilities. Staff is currently evaluating service level reductions for park maintenance services which would offset the additional cost for expanded park restroom cleaning for FY 2020/21. The results of this evaluation and the 251 Honorable City Council 06/17/2020 Regular Meeting Page 4 associated impacts to the parks property maintenance budgets will be presented to the Council in July 2020. At this time, staff is not requesting any additional appropriation for these services. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Award an Agreement to ServiceMaster for janitorial services at various City facilities and parks in the amount of $186,401 per year, which includes an annual contingency of $24,000, with two optional one-year extensions, for a total contract value over three years of $559,203 and authorize the City Manager to execute the Agreement, subject to final language approval of the City Manager. Attachment: Agreement 252 Charles Von Rueden DBA Page 1 of 15 ServiceMaster Professional Building Maintenance AGREEMENT BETWEEN THE CITY OF MOORPARK AND CHARLES VON RUEDEN, DBA SERVICEMASTER PROFESSIONAL BUILDING MAINTENANCE, FOR JANITORIAL SERVICES THIS AGREEMENT, made and effective as of this _________ day of ________________________, 2020, between the City of Moorpark, a municipal corporation (“City”) and Charles Von Rueden, a sole proprietor, DBA ServiceMaster Professional Building Maintenance (“Contractor”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for janitorial services at various City facilities and parks; and WHEREAS, Consultant specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, Consultant has submitted to City a Proposal dated May 29, 2020, which is attached hereto as Exhibit B. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1.TERM The term of this Agreement shall be from July 1, 2020 and will expire on June 30, 2021, unless this Agreement is terminated or suspended pursuant to this Agreement. Upon the mutual consent and written amendment to this Agreement executed by both parties, the term of this Agreement may be extended by two (2) additional one (1) year periods. 2.SCOPE OF SERVICES City does hereby retain Consultant, as an independent contractor, in a contractual capacity to provide janitorial services at various City facilities and parks, as set forth in Exhibit B: Contractor’s Bid Proposal, and as set forth in Exhibit C: Contract Documents and Specifications. In the event there is a conflict between the provisions of Exhibit B and Exhibit C and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibit C. Consultant shall complete the tasks according to the schedule of performance, which is also set forth in Exhibit C. ATTACHMENT 253 Charles Von Rueden DBA Page 2 of 15 ServiceMaster Professional Building Maintenance Compensation for the services to be performed by Consultant shall be in accordance with Exhibit B. Compensation shall not exceed the rates or total contract value of one hundred eighty-six thousand four hundred one dollars ($186,401) annually, which includes an annual contingency of twenty-four thousand dollars ($24,000), without a written amendment to the Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of their ability, experience, standard of care, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Consultant’s overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Consultant shall be Charles Von Rueden, and no other individual may be substituted without the prior written approval of the City Manager. The City’s contact person in charge of administration of this Agreement, and to serve as principal liaison between Consultant and City, shall be the City Manager or the City Manager’s designee. 5. PAYMENT Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form, before payments may be made to vendors. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, based upon actual time spent on the above tasks. This amount shall not exceed one hundred eighty- six thousand four hundred one dollars ($186,401) annually, which includes an annual contingency of twenty-four thousand dollars ($24,000), for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Consultant shall not be compensated for additional services rendered in connection with its performance of this Agreement, unless such additional services and compensation are authorized, in advance, in a written amendment to the agreement executed by both parties. Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any 254 Charles Von Rueden DBA Page 3 of 15 ServiceMaster Professional Building Maintenance expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager. If the City disputes any of Consultant’s fees or expenses it shall give written notice to Consultant within thirty (30) days of receipt of any disputed fees set forth on the invoice. 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Consultant may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination or suspension, provided that the work performed is of value to the City. Upon termination or suspension of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to this Agreement. 7. DEFAULT OF CONSULTANT The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default. If the City Manager or the City Manager’s designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, designee shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have five (5) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 255 Charles Von Rueden DBA Page 4 of 15 ServiceMaster Professional Building Maintenance 8. LIQUIDATED DAMAGES If the Consultant fails to complete the work, or any portion thereof, within the time period required by this Agreement, or as duly extended in writing by the City Manager, Consultant shall forfeit and pay to the City, as liquidated damages, the sum of one hundred fifty dollars ($150) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Consultant under the terms of this Agreement. Progress payments made by the City after the above specified completion date shall not constitute a waiver of liquidated damages by the City. 9. OWNERSHIP OF DOCUMENTS Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or the City’s designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of ten (10) years after receipt of final payment. Upon completion of, or in the event of termination or suspension without cause of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, defend and hold harmless City, and any and all of its officers, employees, and agents (“City Indemnitees”) from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance of its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of 256 Charles Von Rueden DBA Page 5 of 15 ServiceMaster Professional Building Maintenance the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option reimburse the City Indemnitees their costs of defense, including reasonable legal counsels’ fees incurred in defense of such claims. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Consultant by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 11. INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONSULTANT Consultant is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or 257 Charles Von Rueden DBA Page 6 of 15 ServiceMaster Professional Building Maintenance indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of local, state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. 14. ANTI DISCRIMINATION Neither the Consultant, nor any subconsultant under the Consultant, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of such person; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. The Consultant shall have responsibility for compliance with this Section, if applicable [Labor Code Sec. 1735]. 15. UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Consultant, or any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. 258 Charles Von Rueden DBA Page 7 of 15 ServiceMaster Professional Building Maintenance 17. CONFLICT OF INTEREST Consultant covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 To: Charles Von Rueden ServiceMaster Professional Building Maintenance 4053 Calle Tesoro #F Camarillo, CA 93012 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 19. CHANGE IN NAME Should a change be contemplated in the name or nature of the Consultant’s legal entity, the Consultant shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 259 Charles Von Rueden DBA Page 8 of 15 ServiceMaster Professional Building Maintenance 20. ASSIGNMENT Consultant shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Consultant is uniquely qualified to perform the services provided for in this Agreement. 21. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23. COST RECOVERY In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 24. ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. 25. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 260 Charles Von Rueden DBA Page 9 of 15 ServiceMaster Professional Building Maintenance 26. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 27. PRECEDENCE In the event of conflict, the requirements of the City’s Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Consultant’s Proposal. 28. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 29. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 30. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of obligations hereunder. 261 Charles Von Rueden DBA Page 10 of 15 ServiceMaster Professional Building Maintenance IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK CHARLES VON RUEDEN DBA SERVICEMASTER PROFESSIONAL BUILDING MAINTENANCE __________________________________ __________________________________ Troy Brown, City Manager Charles Von Rueden, Owner Attest: __________________________________ Ky Spangler, City Clerk 262 Charles Von Rueden DBA Page 11 of 15 ServiceMaster Professional Building Maintenance Exhibit A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability for each such person. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review. 263 Charles Von Rueden DBA Page 12 of 15 ServiceMaster Professional Building Maintenance Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and the City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 and CG 2037 with edition acceptable to the City. Consultant also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right to subrogation prior to a loss. Consultant agrees to waive subrogation rights against the 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 Consultant and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved 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. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City’s protection without the City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’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 or reduced at any time and no replacement coverage is provided, the City has the 264 Charles Von Rueden DBA Page 13 of 15 ServiceMaster Professional Building Maintenance 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 the City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at the City’s option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of any cancellation or reduction of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant 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 the City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Consultant, provide the same minimum insurance required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer, or other entity or person in any way involved in the performance of Work contemplated by this Agreement to self-insure its obligations to the City. If Consultant’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 Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant 90 days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to the City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 265 Charles Von Rueden DBA Page 14 of 15 ServiceMaster Professional Building Maintenance 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Consultant 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 Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers’ Compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials, and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying 266 Charles Von Rueden DBA Page 15 of 15 ServiceMaster Professional Building Maintenance with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. The 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 the City. 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 CITY OF MOORPARK Request for Proposal (RFP) for JANITORIAL SERVICES AT VARIOUS CITY FACILITIES AND PARKS IDENTIFICATION NO. IB-2020-1 RFP Submittals Due By: May 29, 2020 AT 4:00 p.m. City of Moorpark Parks, Recreation and Community Services Department 799 Moorpark Avenue Moorpark, California 93021 Attn: Robert Valery, Parks and Facilities Supervisor 282 2 TABLE OF CONTENTS NOTICE INVITING SEALED BIDS 3 INSTRUCTIONS TO BIDDERS 4 SCOPE OF SERVICES 11 REQUIRED FORMS: PROPOSAL FORM 19 SCHEDULE OF COSTS 22 CONTRACTOR’S REFERENCES 24 SAMPLE AGREEMENT WITH INSURANCE REQUIREMENTS 26 SAMPLE INSURANCE FORMS 40 283 3 CITY OF MOORPARK NOTICE INVITING SEALED PROPOSALS FOR JANITORIAL SERVICES AT VARIOUS CITY FACILITIES AND PARKS Notice is hereby given that the City of Moorpark (“City”) invites sealed proposals for the above stated project and will receive such bids at the City of Moorpark, 799 Moorpark Avenue, Moorpark, California, 93021 up to the hour of 4:00 p.m. on Friday, May 29, 2020. The Scope of Work for this project consists of providing all labor, services, and furnishing all materials, tools, equipment, and transportation as necessary for the performance of general janitorial services at various City facilities and parks in accordance with this Request for Proposals (RFP). Prospective Bidders may obtain copies of the RFP for Janitorial Services at Various City Facilities from the City of Moorpark website at www.moorparkca.gov/bids. Bidders who intend to submit a proposal in response to this RFP must register in advance with the City. Registered Bidders will be provided an opportunity to tour facilities the week of May 18th. See Instructions To Bidders for registration instructions and additional details. If a prospective Bidder is in doubt or has any questions as to the true meaning or intent of any part of the Bid package, or discovers discrepancies, errors, or conflicts, or omissions, he/she may submit, to the City, a written request via email for an interpretation or a correction thereof. Interpretations or corrections shall be made only by addendum duly issued by the City. A copy of such addendum will be posted on the City bid page and such addendum shall be considered a part of, and incorporated in, the Contract Documents. Bidders are responsible for ensuring that they have received any and all Addenda. Questions must be received in writing no later than Friday, May 22, 2020 at 1:00 p.m. in order to provide the City sufficient time to evaluate the question and respond. Questions received after the aforementioned deadline will be deemed not received. The City will respond via written addendum no later than 48 hours prior to the bid due date. See Instructions To Bidders for contact and additional information. Bids must be prepared on the approved Proposal forms in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on th e outside, "RFP for Janitorial Services -- DO NOT OPEN WITH REGULAR MAIL", (Bidder’s Name) and “May 29, 2020 at or before 4:00 p.m.”, or by email to the approved address listed in the Instructions To Bidders. All bids must be submitted in conformance with this Notice and with Instructions To Bidders. The City reserves the right to reject all bids. 284 4 INSTRUCTIONS TO BIDDERS The City is soliciting cost proposals for daily and semi-annual janitorial services at various City facilities and parks in accordance with this RFP. Each individual or firm (Bidder) submitting a proposal shall meet all of the term and conditions specified in this Request for Proposals (RFP). By its proposal submittal, the Bidder acknowledges agreement with acceptance of all provisions of the RFP. PROPOSAL FORMS AND SUBMITTAL Each proposal must contain the following: 1. Introduction / cover letter a. Indicate the reason for interest in this RFP b. Describe the qualifications to perform the requirements of this RFP c. Provide a detailed explanation of how the requirements of this RFP will be met. 2. Proposal Submission Form (page 18) 3. Schedule of Costs (page 21) 4. Bidder’s References (page 23) In addition to the cover letter, bids shall be submitted in writing on the forms provided by the City. Use of other forms may be cause for rejection of bids. All information requested therein must be clearly and legibly set forth in the manner and form indicated. Non-substantial deviations may be considered provided that the Bidder submits a full description and explanation of, and justification for, the proposed deviations. Final determination of any proposed deviation will be made by the City in its sole discretion. In addition to the cover letter, proposal forms which must be submitted by Bidders include pages 18 through 24. SCOPE OF WORK Scope of work to be performed under contract with the City includes, but is not limited to, providing all labor, services, and furnishing all materials, tools, equipment, and transportation as necessary for the performance of general janitorial services at various City facilities and parks as more fully described in the Scope of Services. EXAMINATION OF PROPOSAL DOCUMENTS AND VIEWING OF CITY FACILITIES It is the Bidder’s responsibility to carefully examine the RFP Documents and it is in their best interest to view the City of Moorpark facilities before submitting a bid proposal to ascertain the existences of any conditions which may impact the bid proposal. Therefore, it will be assumed that the Bidder has personally investigated and is satisfied as to the general and local conditions to be encountered, the character of equipment and facilities needed preliminary to and during the performance of the services, and the requirements of these specifications. It is mutually agreed that submission of a 285 5 proposal shall be considered prima facie evidence that the Bidder has made such examination and fully accepts the responsibility for the terms and conditions of the areas and facilities to be serviced according to this contract. The City will conduct pre-arranged facility tours on May 19th, 20th, or 21st at 4:30 p.m. Bidders who intend to submit a proposal in response to this RFP must register with the City no later than Thursday, May 14th at 5:00 p.m. by emailing Administrative Assistant Kim Sexton at ksexton@moorparkca.gov . Registration emails should reference Project ID No. IB-2020-1 and include the following:  Contractor Name  Contractor Address  Primary Contact Name  Primary Contact Phone Number  Primary Contact Email Address  Preferred Tour Date (May 19th, 20th or 21st) Tour confirmations will be emailed to registered Bidders on Friday, May 15th. QUESTIONS, DISCREPANCIES AND MISUNDERSTANDINGS Bidders must satisfy themselves by personal examination of the Bid Specifications, examination of the work sites, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No Bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City in writing and clarified in writing prior to the submission of proposals. Neither the City nor any of its officers, employees or servants assumes any responsibility for errors or misinterpretations resulting from the receipt or use of an incomplete set of contract documents or addenda. The Bidder must satisfy themselves that they have received a complete set of contract documents and addenda. Bidder finding discrepancies or omissions in the RFP documentation or having doubts as to the meaning or intent of any provision should immediately notify the contact person listed below. Questions must be received in writing no later than Friday, May 22, 2020 at 1:00 p.m. in order to provide the City sufficient time to evaluate the question and respond. All questions related to this RFP shall be directed to: Robert Valery Parks and Facilities Supervisor Email: rvalery@moorparkca.gov 286 6 Interpretation or correction of the RFP will be made by addendum posted on the City bid webpage (available at http://www.moorparkca.gov/bids.aspx), and any addendum will be considered a part of the RFP and will be incorporated therein. Bidders are responsible for ensuring that they have received and addressed any and all Addenda prior to submission of the final proposal. Registration for bid notifications on the City webpage does not relieve the Bidder of the responsibility for ensuring that posted addenda have been received and addressed. Telephone communication with City staff is discouraged, and the City is not bound by any clarifications, interpretations, corrections or changes to the RFP that are made verbally or in any manner other than by written addendum. DELIVERY OF PROPOSAL It is the sole responsibility of the Bidder to submit their Proposal to the City prior to 4:00 p.m. on May 29, 2020 (the “Closing Date and Time”). Proposals may be delivered by one (1) of the following two (2) methods: 1. By hand/courier delivery:  The exterior of the envelope/package marked Attention Robert Valery, and delivered to the City of Moorpark, 799 Moorpark Ave, Moorpark California 93021. Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "RFP for Janitorial Services -- DO NOT OPEN WITH REGULAR MAIL", (Bidder’s Name) and “May 29, 2020 at or before 4:00 p.m.”. 2. By Email:  At the only acceptable electronic address: rvalery@mooorparkca.gov. Use Subject: “RFP for Janitorial Services – (Bidder’s Name)” Please note: Maximum email file size limit is 15MB, or less. It is the Bidder's responsibility alone to ensure delivery of the proposal to the hands of the Agency's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. The official bid clock, which will establish the official bid time, will be determined by the City of Moorpark. Late proposals will not be considered. In order to guard against premature opening, the hand/courier delivered bids must be clearly labeled with the bid title, name of Bidder, and date and time of bid opening, as stated above. Proposals will not be opened publicly, and the City will endeavor to keep such confidential until a preferred service provider is recommended to the City Council. A tally of names will be performed and may be released upon request. BIDDER QUALIFICATIONS Pursuant to the California Property Service Workers Protection Act, all Bidders must be registered with the Labor Commissioner’s Office at the time of bid submission. 287 7 Contractors must also be authorized by the California Secretary of State to conduct business in State of California. Bidder must obtain a City Business Registration prior to commencing work under this contract. COMPETENCY OF BIDDERS In addition to the Bidder’s proposed compensation for services, consideration will be given to: 1. Capability and qualifications of the contractor to perform the work including, equipment, support facilities, and qualified personnel; 2. Prior experience in performing services of similar size and scope in a competent and consistent manner including review of references of previous and current contracts; and 3. Proven competency of the Bidder of the performance of the services covered by the bid. No bid for services will be accepted from a contractor who is not licensed in accordance with applicable State Law. No award will be made to a Bidder who has not been licensed in accordance with the provisions of the State Business and Professions Code by the date of the award of contract. LEGAL RESPONSIBILITIES Bidder is subject to all local, state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of services set forth in this RFP, including, but not limited to the Property Service Workers Protection Act (Labor Code §1420 et. seq.) and the rules and regulations established by the DIR implementing such statutes. ADDENDA The City may, from time to time, issue Addenda to the Contract Documents. Bidders are responsible for ensuring that they have received any and all Addenda. Each Bidder is responsible for verifying that it has received all Addenda issued, if any. Bidders must acknowledge receipt of all Addenda, if any, in their bids. Failure to acknowledge receipt of all Addenda may cause a Bid to be deemed incomplete and non-responsive. IRREGULAR PROPOSALS Unauthorized conditions, limitations, incompleteness, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed Proposal forms shall be without interlineations, alterations, or erasures. Bids with supplemental 288 8 information or form other than those proposed forms provided by the City may not be considered. BID WITHDRAWAL A Bidder may withdraw his/her proposal, without prejudice prior to the time specified for the bid opening, by submitting a written request to the City for its withdrawal, in which event the proposal will be returned to the Bidder unopened. No proposal received after the Closing Date and Time or at any place other than the place stated in the Instructions to Bidders will be considered. IRREVOCABILITY OF PROPOSALS At the appointed closing time, all Proposals become irrevocable. By submission of a Proposal, the Contractor agrees that should its Proposal be selected, the successful Contractor will enter into an Agreement with the City. Proposals shall be irrevocable and shall remain open for acceptance by the City for at least sixty (60) calendar days after the RFP closing date and time. The City may elect to extend the Proposal validity duration beyond (60) calendar days with written notice to the Contractor. AUTHORIZED SIGNATURES Proposals must be signed by the person or persons legally authorized to bind the Bidder to a contract for the execution of the work. Upon request of the City, any agent submitting a proposal on behalf of a Bidder shall provide a current power of attorney certifying the agent’s authority to bind the Bidder. AWARD OF CONTRACT At its sole discretion, the City reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a period of sixty (60) days, as may be required to provide for the best interests of the City. The City reserves the right to request additional information from any bidder, at any time, which the City deems necessary to evaluate the bidder’s proposal and qualifications. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Bidder to whom the award is contemplated. Contract award is subject to City Council Resolution No. 2019-3829 governing the procurement of personal, professional consulting or other contractual services, the contracts for which may be awarded without observing the bidding procedures set forth in Chapter 3.04 of the Moorpark Municipal Code. As stated therein, “cost of service may be considered, however, the lowest cost may not be the sole factor in deciding which firm or who shall be awarded the contract. It may be in the City’s best interest to award the contract to a contractor who may or may not be the lowest priced contractor based on the scope of services, availability, unique skills, staffing levels, timing, prior 289 9 experience, familiarity with the City and other factors required by the department.” (Resolution No. 2019-3829, Section 3. Factors to Consider) TIME FOR COMMENCEMENT AND COMPLETION This is a twenty-four (24) month contract (July 1, 2020 through June 30, 2022), with an option for three (3) additional one-year terms, at the City’s discretion. An Agreement in substantially the same form as the Sample Agreement included in the Contract Documents, shall be signed by the successful Bidder and returned to the City Clerk’s Office, at Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA, together with the insurance certificates and endorsements and contract bonds within fifteen (15) calendar days after mailing by City of the Notice of Award of Contract. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement CG 2010 and CG 2037 with edition acceptable to the City, or equivalent as approved by the City. Contractor also agrees to require all contractors, subcontractors, and anyone else involved in any way with the project contemplated by this Agreement to do likewise. Information in this RFP Document will be incorporated into any Agreement between the City and the successful Contractor, and therefore must be considered by the Contractor in preparing their Proposal. The Bidder warrants that he/she possesses, and has arranged through subcontracts, all capital and other equipment, labor, and materials to carry out and complete the work hereunder in compliance with all applicable Federal, State, County, City and Special District laws, ordinances, and regulations. Refusal or failure to deliver an executed Agreement, Bonds, and Insurance in the form provided in the Contract Documents and approved by the City within fourteen (14) calendar days, as identified above, shall be just cause, at the City’s sole option, to annul the awar d. In such an event, the City may successfully award the contract to the next qualified Bidder until a properly executed contract is obtained, or it may at any time reject all remaining bids and proceed as provided by law. No bid shall be considered binding upon the City until the execution of the Agreement by the City. The City is not bound to enter into an Agreement with any Contractor as a result of the issuance of this RFP. FAILURE TO ACCEPT CONTRACT If the Bidder to whom the award is made fails to enter into the contract, the award will be annulled; any bid security will be forfeited in accordance with the Bid Terms and Conditions, and Special Bid Terms and Conditions if a Bidder’s bond or security is required; and an award may be made to the next ranking Bidder who shall fulfill every term and condition of the bid documents. CONTRACT ASSIGNMENT The Bidder shall not in whole or in part, assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any 290 10 individual or business entity of any kind without prior written consent of the City, which may be withheld at the City’s sole discretion. NON-DISCRIMINATION In the performance of the terms of this contract, the Bidder agrees that he/she will not engage in, nor permit such subcontractors as he/she may employ, to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of such persons. Bidders will comply with all non-discrimination laws. RIGHT TO CANCEL RFP The City reserves the right in its sole discretion to postpone or cancel this RFP process at any time. 291 11 SCOPE OF SERVICES JANITORIAL SERVICES AT VARIOUS CITY FACILITIES AND PARKS Contractor shall provide all labor, materials, tools, equipment, and transportation and other items and services necessary to perform the janitorial services as described in the specifications herein. SCHEDULE AND LOCATIONS Daily Services: Contractor shall provide Regular Janitorial Services Monday through Saturday no earlier than 8:00 p.m. at the following locations:  Moorpark Library: 699 Moorpark Avenue  Ruben Castro Human Services Center: 612 Spring Road Biweekly Services: Contractor shall provide Regular Janitorial Services twice weekly, on Tuesdays and Fridays, between 8:00 a.m. and 3:00 p.m. at the following location:  Moorpark Public Services Facility: 627 Fitch Avenue Daily and biweekly service shall be provided on all holidays where the holiday falls on a regular service day, with the exception of New Year’s Day, Thanksgiving Day, July 4, Labor Day, Memorial Day, and Christmas Day. The City reserves the right to assign the hours that Contractor shall perform janitorial services under the Agreement, upon mutual consent of Contractor. Semi-annual Services: Contractor shall provide Semi-annual Janitorial Services two (2) times per year at the following locations:  Moorpark Library: 699 Moorpark Avenue  Ruben Castro Human Services Center: 612 Spring Road  Moorpark Public Services Facility: 627 Fitch Avenue  Moorpark City Hall: 799 Moorpark Avenue o Includes the Administrative Building, Annex No. 1, Annex No. 2 kitchen and break room, and the Development and Community Services building  Moorpark Community Center: 799 Moorpark Avenue o Includes the Apricot Room, Citrus Room, Lobby, Community Center Kitchen, Restrooms, and Conference Room  Moorpark Active Adult Center: 799 Moorpark Avenue o Includes the Multipurpose Room, Offices, Kitchen, Restrooms, Braun Rooms 1 and 2, and adjoining hallways 292 12  Arroyo Vista Recreation Center: 4550 Tierra Rejada Road o Includes Offices, Meeting Rooms, Kitchen, Interior Hallways, Restrooms and Gymnasium Semi-annual services shall be performed at mutually agreed upon dates and times. Park Restroom Services: Contractor shall provide daily Park Restroom Services Monday through Sunday (including holidays) at twelve (12) park restroom facilities (2 restrooms per facility) at the following locations: Park Address Facility Count Arroyo Vista Community Park 4550 Tierra Rejada Road 2 Campus Canyon Park 6970 Campus Canyon Drive 1 Campus Park 6400 Harvard Street 1 College View Park 15400 Campus Park Drive 1 Glenwood Park 11800 Harvester Street 1 Mammoth Highlands Park 7000 Elk Run Loop 1 Miller Park 4530 Miller Parkway 1 Mountain Meadows Park 4350 Mountain Meadow Drive 1 Peach Hill Park 13200 Peach Hill Road 1 Poindexter Park 500 Poindexter Avenue 1 Tierra Rejada Park 11900 Mountain Trail Street 1 All restroom facilities shall be cleaned and in operation no later than 8:00 a.m., Monday through Sunday, including all holidays. Park Facility Opening: Contractor shall open select park facilities as follows: Facility Days Per Week Opening Time Park Restrooms (12 facilities) Monday – Sunday 8:00 a.m. Dog Park at College View Park (15400 Campus Park Drive) Monday – Sunday 7:00 a.m. Skate Park at Poindexter Park (500 Poindexter Avenue) Monday-Friday (When school is not in session) 8:00 a.m. Skate Park at Poindexter Park (500 Poindexter Avenue) Monday-Friday (When school is in session) 10:00 a.m. 293 13 Skate Park at Poindexter Park (500 Poindexter Avenue) Saturday, Sunday and holidays 8:00 a.m. Shady Ridge Buffer Zone (West end of Shadyridge Drive) Monday – Sunday 6:00 a.m. Arroyo Vista Community Park Monday – Sunday 6:00 a.m. Park facility opening shall be performed daily, including all holidays, according to the schedule listed above, unless otherwise directed by City representative. FACILITY ACCESS AND SECURITY Contractor shall be provided with a set of keys and facility access cards, which the Contractor shall sign for denoting the number and type of key or card provided and the alarm code for that facility. Contractor is responsible for the keys and access cards, and agrees not to duplicate them. If additional keys or access cards are needed Contractor shall make a request to the City. Under no circumstances shall Contractor’s employees admit anyone to areas controlled by a key or access card in their possession. Contractor’s employees shall not disturb papers or pe rsonal effects on desks, open drawers or cabinets, use telephones, computers, or other electronic equipment, or tamper with other personal or City property. Contractor agrees to be responsible for disarming facilities upon entry and for fully locking and alarming buildings at the completion of each shift. Contractor further agrees that the facilities shall never be left unattended unless fully locked and alarmed. Contractor agrees that failure to fully secure the facilities can result in liquidated damages. The City agrees to notify Contractor in writing when the alarm code for one of the facilities covered by this Agreement has been changed. Upon termination of this Agreement, Contractor shall return all keys provided by City. SUPPLIES AND EQUIPMENT Contractor agrees to provide and be responsible for the maintenance of their own equipment, materials and tools of the trade for cleaning, as required to satisfactorily perform the Scope of Service under this Agreement. This includes, but is not limited to: commercial grade vacuum cleaner, carpet steam cleaner, floor scrubbing machine, floor buffing machine, brooms, mops, floor buffing pads, towels and cleaning brushes. Contractor further agrees that all employees shall be in uniforms that clearly identify them as employees of the Contractor and shall carry appropriate identification when on duty. City shall provide all cleaning and disinfecting solutions, carpet cleaning solutions, and floor cleaners, sealers and finishers. Unless otherwise specified, City shall also provide all replenishable sanitary supplies, including paper towels, toilet tissue, liquid soap, liquid sanitizers, air fresheners, plastic liners, and feminine sanitary supplies. 294 14 Contractor shall report any broken, malfunctioning, or vandalized equipment or fixtures (including but not limited to heating/air conditioning units, plumbing, and electrical), and shall report any graffiti applied to the interior or exterior of a City building, to the City’s Parks and Facilities Supervisor immediately by telephone. In the event the Parks and Facilities Supervisor is not available, Contractor shall leave a voice mail message on the Supervisor’s work phone (805-517-6283). REGULAR JANITORIAL SERVICES Regular Janitorial Services shall include:  Pick up litter, empty all trash containers, and replace container liners. Discard trash and recycling materials into approved trash bins.  Vacuum all floors and entry mats (carpeted and non-carpeted).  Wet mop floors as needed (minimum of three days a week) using a cleaning solution.  Spot clean carpets by hand as needed, using appropriate carpet cleaner solution.  Clean public counters with cleaning solution.  Wash walls, partitions, and doors as needed with cleaning solution.  Clean entry door windows with window cleaning solution.  Clean and disinfect drinking fountains.  Clean and refill all dispensers including but not limited to, paper towels, hand sanitizer and soap.  Dust all desks, tables, counters, horizontal surfaces, window sills, etc.  Dust window blinds.  Clean restroom sinks with disinfectant cleaner.  Clean restrooms counter tops with disinfectant cleaner.  Wash and sanitize all restroom commodes, partitions, and urinals, including the base of each unit, with disinfectant cleaner.  Sanitize restrooms doorknobs and light switches.  Sweep and wet mop restroom floors.  Stock all restrooms dispensers, including toilet paper, paper towels, soap, and sanitary napkins.  Empty all restrooms trash and sanitary containers – replace liners. Dispose of trash material in appropriate trash dumpster.  Spot clean kitchen cabinet drawers/doors and fronts  Wipe clean kitchen chairs and sofas.  Clean kitchen counters and tables.  Spot clean kitchen entry doors.  Sanitize kitchen doorknobs and light switches.  Sweep and wet mop kitchen floors. 295 15  Dust all horizontal kitchen surfaces.  Clean kitchen microwave inside and outside.  Clean kitchen exterior of refrigerator.  Clean kitchen sinks.  Empty kitchen trash and recycling containers.  Spot clean kitchen walls.  Clean kitchen drain, vents, and filters as needed.  Sanitize and clean all door handles and panic bar hardware with cleaning solution. SEMI-ANNUAL JANITORIAL SERVICES Semi-annual Janitorial Services shall include: All Facilities:  All Regular Janitorial Services (as listed above)  Deep clean offices, kitchens, and restrooms.  Clean interior windows and window sills.  Clean exterior windows and apply window spot removing chemical to remove hard water stains.  Dust building fixtures including but not limited to, florescent lights, burglar alarm sensors, wall clocks, fire extinguishers and cases, and video security cameras.  Clean and scrub all door thresholds.  Clean walls and doors, and sanitize and clean all door handles and panic bar hardware with cleaning solution.  Shampoo all carpet and apply scotch guard.  Scrub and apply approved sealer to tile pavers.  Clean and restore wax and buff out vinyl floors.  ANNUALLY (once each year), scrub and strip vinyl floors and apply 2-coats of wax. Arroyo Vista Recreation Center: Services shall include the Semi-annual Janitorial Services for All Facilities, plus the following:  Gymnasium cleaning as follows: o Remove, shoe marks from non-hardwood floor. o Shampoo entry mats. o Remove, shoe marks and gum from gym hardwood floor. o Clean gym hardwood floor with hardwood floor solution. o Clean baseboards. 296 16 o Clean entry door windows. o Clean bleachers, including base boards and walking surfaces. Remove gum and shoe marks. o Clean wall mats. o Clean metal track around gym hardwood floor to remove debris. Moorpark Active Adult Center (AAC): Services shall include all Semi-annual Janitorial Services for All Facilities, plus the following:  Shampoo floor mats  Clean cabinet surfaces, doors and handles  AAC Kitchen: o Clean stove and ovens, including stovetop, knobs, switches and oven hood area. o Clean kitchen mats o Sweep and wet mop kitchen floors, including areas under mats, sinks, counters and appliances. o Clean all appliance exteriors, including refrigerators, freezers and salad bar. o Clean/dust air vents o Clean all horizontal surfaces including accessible storage areas under counter tops. o Clean cabinet surfaces and handles PARK RESTROOM SERVICE Parks restrooms shall be opened, cleaned and sanitized thoroughly on a daily basis Monday through Sunday, including holidays. Any equipment that has been vandalized or is in need of repair or any graffiti observed, shall be immediately reported to the City Representative. All restroom facilities shall be cleaned, sanitized, and in operation no later than 8:00 a.m. each day. Contractor shall open restrooms as early as 7:00 a.m. if requested by City. Upon opening, restroom doors shall be locked in the open position. If lock is not operable, Contractor shall notify City Representative immediately. The restrooms shall be maintained and stocked with all necessary supplies to keep restrooms operational Monday through Sunday, including but not limited to; hand soap, paper towels, and toilet paper. All litter containers located inside and outside adjacent to the restroom shall be emptied daily. During inclement weather and upon the direction of the City Representative, Contractor may be instructed to keep restrooms locked. Park Restroom Service shall include: 297 17 a. Pick up and disposal of litter in and around restroom facility. b. Empty trash receptacles and replace liner(s). c. Sweep and mop floors with cleaner/disinfectant. d. Clean walls and ceiling with cleaner/disinfectant, including tile and grout. e. Wash and disinfect partitions. f. Remove graffiti with a City approved graffiti remover. If graffiti cannot be removed with said cleaner, Contractor shall notify the City Representative within one (1) hour of determination, but no earlier than 8:00 a.m.. g. Clean sinks with a cleaner/disinfectant. h. Clean mirrors i. Clean and disinfect toilets. j. Restock toilet paper and paper towels. k. Wet mop/hose the entire floor surface using cleaner/ disinfectant. Dry the floor with a dry mop before opening to the public. l. Remove any offensive odors. m. Any acts of vandalism or theft shall be immediately reported to the City Representative. n. Contractor shall lock restroom during periods of inclement (rain) weather, as directed by the City Representative. Contractor shall open restrooms as weather conditions allow, per the direction of the City Representative. o. Contractor shall report all water leaks immediately upon discovery, and make every attempt possible to shut water off in such a way that will isolate the leaking fixture until repairs can be completed by City. p. Contractor shall report all electrical problems, such as damaged building security lights, non-operable hand dryers, etc., to the City Representative immediately upon discovery. q. Remove spitballs, cobwebs, and other foreign materials form doors, walls, ceilings, partitions, vents, etc. r. When restroom fixtures (i.e. toilets, sinks, urinals, etc) are determined to be inoperable, Contractor shall cover said fixture with a black plastic trash can liner, tape close the edges, and immediately notify the City Representative. PARK FACILITY OPENING Contractor shall unlock and open park restrooms, the dog park at College View Park, the skate park at Poindexter Park, Arroyo Vista Community Park, and the Shady Ridge Buffer Zone daily, Monday through Sunday including holidays, according to the scheduled times listed above. Upon opening, facilities shall be locked in the open position. If lock is not operable, Contractor shall notify City Representative immediately. 298 18 Contractor shall immediately report any broken or vandalized equipment or graffiti to the City Representative. SPECIAL REQUEST CLEANING In addition to the schedule tasks specified above, the City may from time to time request additional service to be completed on an hourly basis or per quoted cost. Such requested services shall be negotiated on a case by case basis. Costs shall be at the rates listed in the Schedule of Costs when applicable, or as otherwise negotiated with the City Representative. Such additional services may include:  Additional Regular Janitorial Services  Additional scrub and strip of vinyl floors and application of 2 coats of wax  Additional janitorial services as necessary 299 PAGES 19 – 43 ARE THE PROPOSAL DOCUMENTS (EXHIBIT B) AND THE SAMPLE AGREEMENT DOCUMENTS, AND HAVE BEEN REMOVED FROM THIS EXHIBIT C SO AS NOT TO BE DUPLICATIVE. 300 CITY OF MOORPARK JANICE S. PARVIN Mayor CHRIS ENEGREN Councilmember ROSEANN MIKOS, Ph.D. Councilmember DAVID POLLOCK Councilmember KEN SIMONS Councilmember PARKS, RECREATION & COMMUNITY SERVICES DEPT. | 799 Moorpark Avenue, Moorpark, CA 93021 Main City Phone Number (805) 517-6200 | Fax (805) 532-2550 | moorpark@moorparkca.gov May 15, 2020 ADDENDUM NO. 1 for Janitorial Services at Various City Facilities and Parks Identification No. IB-2020-1 NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above described project are hereby amended as follows: CLARIFICATIONS: I) Q: Will the City of Moorpark require bidders to submit evidence of good standing in the form of an official certificate of good standing issued by the California Secretary of State? A: No II) Q: Will the City of Moorpark require bidders to show evidence that the bidding company has acquired and has an active registered Department of Industrial Relations number? A: Bidders are required to provide their active DIR/State Labor Commissioner Registration Number for Janitorial Service Providers and Contractors on the Proposal Submission Form. Information about registration with the Labor Commissioner’s Office is available at: https://www.dir.ca.gov/dlse/Janitorial_Providers_Contractors.html III) Q: In 2018, the California Supreme Court adopted "the ABC test" in Dynamex v. Superior Court. Under the ABC test, a worker is considered an employee, and not an independent contractor, unless the hiring entity can demonstrate that it meets all three of the following requirements: 3 requirements present on attached letter. Will the City of Moorpark accept and consider cost proposals from bidders that currently use or plan to use independent contractors to services? Or will the City of Moorpark adhere to Assembly Bill 5 and require that any company providing a cost proposal base their service and cost proposal upon the utilization of W-2 employees? A: The City will require bidders / contractors to be in compliance with Assembly Bill 5. 301 Addendum No. 1 Janitorial Services at Various City Facilities and Parks Page 2 IV) Q: Can the City of Moorpark please provide the previous annual contract cost amount for these services? What service provider currently holds the contract with the City of Moorpark? A: Annual Contract Cost for Fiscal Year 2019/20: $87,661 Current Contractor: Charles Von Rueden dba ServiceMaster Professional Building Maintenance V) Q: Can the City of Moorpark provide a clarification based upon the Scope of Work. On page 11 of the RFP it provides the days of the week that require services for only the Moorpark Library and Ruben Castro Human Services Center, are the remaining locations Monday through Friday? Or do they adhere to the Monday through Saturday days of service listed? A: Days and times are detailed in SCHEDULE AND LOCATIONS beginning on page 11of the RFP. For clarification, days of service are summarized below:  Services described under Regular Janitorial Services in the Scope of Work are to be performed Monday through Saturday at the Moorpark Library and Ruben Castro Human Services Center.  Services described under Regular Janitorial Services in the Scope of Work are to be performed Tuesday and Friday at the Moorpark Public Services Facility.  Services described under Semi-annual Janitorial Services in the Scope of Work are to be performed two (2) times per year at the Moorpark Library, Ruben Castro Human Services Center, Moorpark Public Services Facility, Moorpark City Hall, Moorpark Community Center, Moorpark Active Adult Center, and Arroyo Vista Recreation Center  Services described under Park Restroom Service in the Scope of Work are to be performed Monday through Sunday (including holidays) at Arroyo Vista Community Park (2 facilities), Campus Canyon Park, Campus Park, College View Park, Glenwood Park, Mammoth Highlands Park, Miller Park, Mountain Meadows Park, Peach Hill Park, Poindexter Park, and Tierra Rejada Park  Services described under Park Facility Opening in the Scope of Work are to be performed Monday through Sunday (including holidays) at all park restrooms listed above, the Dog Park at College View Park, the Skate Park at Poindexter Park, the Shady Ridge Buffer Zone, and Arroyo Vista Community Park. 302 Addendum No. 1 Janitorial Services at Various City Facilities and Parks Page 3 VI) Q: Could you please provide the square footage for the following buildings: Moorpark Library, Ruben Castro Human Services Center, Moorpark Public Services Facility, Moorpark City Hall, Moorpark Community Center, Moorpark Active Adult Center, Arroyo Vista Recreation Center, Campus Canyon Park, Campus Park, College View Park, Glenwood Park, Mammoth Highlands Park, Miller Park, Mountain Meadows Park, Peach Hill Park, Poindexter Park, Tierra Rejada Park A: Facility square footages are listed in Exhibit A to this addendum. Note: Areas marked in red on the included floor plans are not to be serviced and are excluded from the square footage calculations. VII) Q: Can the City of Moorpark provide the number of physical copies required for hand delivery of the proposal? A: Bidders who elect to provide physical copies of their proposals are to submit two (2) physical copies. REVISIONS: I) The Contractor’s References form (pages 24-25 of the RFP) incorrectly references landscape maintenance and pesticide operations services. The Contractor’s References form is replaced in its entirety with the revised version in this addendum dated May 15, 2020, and attached as Exhibit B. This addendum shall be made part of the above referenced project. Full compensation for all work and requirements of this addendum shall be considered as included in the appropriate price proposal and no additional compensation will be allowed therefore. __________________________________________ Jeremy Laurentowski, Parks and Recreation Director Questions regarding this addendum may be directed to the City’s Project Representative Robert Valery, rvalery@moorparkca.gov no later than 1:00 p.m. May 22, 2020. PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO ROBERT VALERY AT RVALERY@MOORPARKCA.GOV AND INCLUDE WITH PROPOSAL. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. Company Name: Authorized Representative: Signature of Authorized Representative: Jeremy Laurentowski 303 City of Moorpark Restroom Square Footage Other ID. Address2 City ZIP Code Sq Feet Sq Feet Occupied As AVCP: RESTROOMS & CONCESSION 4550 TIERRA REJADA ROAD MOORPARK 93021 Restrooms Only 325sf 1,234 RESTROOMS & CONCESSION (west) AVCP: RESTROOM, SNACK BAR, STORAGE 4550 TIERRA REJADA ROAD MOORPARK 93021 Restrooms Only 325sf 1,728 RESTROOM, SNACK BAR, STORAGE (East End) POINDEXTER PARK 500 POINDEXTER AVENUE MOORPARK 93021 606 RESTROOMS GLENWOOD PARK 11800 HARVESTER STREET MOORPARK 93021 383 RESTROOMS TIERRA REJADA PARK 11900 MOUNTAIN TRAIL STREET MOORPARK 93021 399 RESTROOMS MOUNTAIN MEADOWS PARK RESTROOMS 4350 MOUNTAIN MEADOW DRIVE MOORPARK 93021 210 RESTROOMS PEACH HILL PARK 13200 PEACH HILL ROAD MOORPARK 93021 970 RESTROOMS CAMPUS PARK 6400 HARVARD STREET MOORPARK 93021 175 RESTROOMS CAMPUS CANYON PARK 6970 HEARON DRIVE MOORPARK 93021 216 RESTROOMS COLLEGE VIEW PARK 15400 CAMPUS PARK DRIVE MOORPARK 93021 384 RESTROOMS MILLER PARK 4530 MILLER PARKWAY MOORPARK 93021 468 RESTROOMS MAMMOTH HIGHLANDS PARK 7000 ELK RUN LOOP MOORPARK 93021 610 RESTROOMS 304 BREAK ROOM/STORAGE Lounge, Lobby, and Restrooms Approx.1025sf STORAGE / FILE ROOM 305 2235sf 883sf 1596sf 1592sf 487sf 300sf 9072sf 789sf 1180sf Breezeway ARROYO VISTA RECREATION CENTER Approx. 19,500sf 4550 Tierra Rejada Road 306 Lobby Counter City Attorney Conference Room Lobby Counter Break Room ADMINISTRATIVE SERVICES 799 Moorpark Avenue Approx. 5080 sf Men’s Restroom Women’s Restroom 307 DEVELOPMENT & COMMUNITY SERVICES 799 Moorpark Avenue Approx. 4260 sf Lobby Counter Conference Room 308 Braun Room 2 Braun Room 1 Kitchen Conference Room Kitchen Active Adult Center Citrus Room Apricot Room Lobby yyy Patio Mens Womens Mens Womens COMMUNITY CENTER/ ACTIVE ADULT CENTER 799 Moorpark Avenue Approx.13,300 sf 309 Conference Room MOORPARK LIBRARY 699 Moorpark Avenue Approx. 7800 sf Mens Women Conference Room Front Desk 310 MOORPARK PUBLIC SERVICES FACILITY 627 Fitch Avenue Approx. 7,150sf FIRE RISER ELECTRIC ROOM STORAGE STORAGE STORAGE STORAGE 311 G G Ruben Castro Human Services Center 612B Spring Road Exterior restroom 175sf Front lobby Approx. 1175sf Exterior Restroom Front Lobby 312 Exhibit B CONTRACTOR’S REFERENCES (Revised 5/15/2020) Enter contact and descriptive information for three (3) public agencies for which Bidder has performed janitorial services of similar scope and price to those considered by this RFP within the past two years: 1. Name of Organization: ________________________________________________ Address: ___________________________________________________________ Contact Person: ___________________________ Phone #:___________________ Contact Email: _______________________________________________________ Contract Amount: __________________ Contract Period (start/end date):__________________/___________________ Description of janitorial services performed: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 2. Name of Organization: ________________________________________________ Address: ___________________________________________________________ Contact Person: ___________________________ Phone #:___________________ Contact Email: _______________________________________________________ Contract Amount: _______________ Contract Period (start/end date):__________________/___________________ Description of janitorial services performed: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 313 CONTRACTOR’S REFERENCES (Continued) 3. Name of Organization: ________________________________________________ Address: ___________________________________________________________ Contact Person: __________________________ Phone #:___________________ Contact Email: _______________________________________________________ Contract Amount: ____________________ Contract Period (start/end date):__________________/___________________ Description of janitorial services performed: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 314 CITY OF MOORPARK JANICE S. PARVIN Mayor CHRIS ENEGREN Councilmember ROSEANN MIKOS, Ph.D. Councilmember DAVID POLLOCK Councilmember KEN SIMONS Councilmember PARKS, RECREATION & COMMUNITY SERVICES DEPT. | 799 Moorpark Avenue, Moorpark, CA 93021 Main City Phone Number (805) 517-6200 | Fax (805) 532-2550 | moorpark@moorparkca.gov May 19, 2020 ADDENDUM NO. 2 for Janitorial Services at Various City Facilities and Parks Identification No. IB-2020-1 NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above described project are hereby amended as follows: CLARIFICATIONS: I) Q: Please clarify when exceptions to the Sample Agreement and Insurance Requirements must be submitted: by expiration of the question period on May 22, or with the proposal on or before the May 29 due date. A: Questions and/or clarifications regarding any aspect of this RFP, including the Sample Agreement and Insurance Requirements, should be submitted as soon as possible, and no later than Friday, May 22, 2020 at 1:00 p.m. This addendum shall be made part of the above referenced project. Full compensation for all work and requirements of this addendum shall be considered as included in the appropriate price proposal and no additional compensation will be allowed therefore. __________________________________________ Jeremy Laurentowski, Parks and Recreation Director Questions regarding this addendum may be directed to the City’s Project Representative Robert Valery, rvalery@moorparkca.gov no later than 1:00 p.m. May 22, 2020. PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO ROBERT VALERY AT RVALERY@MOORPARKCA.GOV AND INCLUDE WITH PROPOSAL. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. Company Name: Authorized Representative: Signature of Authorized Representative: Jeremy Laurentowski 315 CITY OF MOORPARK JANICE S. PARVIN Mayor CHRIS ENEGREN Councilmember ROSEANN MIKOS, Ph.D. Councilmember DAVID POLLOCK Councilmember KEN SIMONS Councilmember PARKS, RECREATION & COMMUNITY SERVICES DEPT. | 799 Moorpark Avenue, Moorpark, CA 93021 Main City Phone Number (805) 517-6200 | Fax (805) 532-2550 | moorpark@moorparkca.gov May 22, 2020 ADDENDUM NO. 3 for Janitorial Services at Various City Facilities and Parks Identification No. IB-2020-1 NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above described project are hereby amended as follows: REVISIONS: 1) Semi-Annual Janitorial Services: a) Although the City anticipates scheduling Semi-annual Janitorial Services twice per year, it reserves the right to schedule these services more or less frequently as needed. Therefore the Schedule of Costs (pages 22-23 of the RFP) is hereby replaced with the revised version in this addendum dated 5/22/2020, which adds an entry for the one-time cost for Semi-annual Janitorial Service at each facility. Bidders are to use the revised Schedule of Costs in this addendum in their proposal submissions. 2) Scope of Services, Supplies and Equipment, paragraph 2 (page 13 of the RFP) is hereby replace in its entirety with the following: “Unless otherwise specified, City shall provide all cleaning and disinfecting solutions, carpet cleaning solutions, and floor cleaners, sealers and finishers. Contractor shall provide all cleaning and disinfecting solutions, carpet cleaning solutions, and floor cleaners, sealers and finishers required for Semi-annual Janitorial Services and for annual and special request vinyl floor scrub, strip and wax services. Unless otherwise specified, City shall also provide all replenishable sanitary supplies, including paper towels, toilet tissue, liquid soap, liquid sanitizers, air fresheners, plastic liners, and feminine sanitary supplies.” 3) The schedule of services is hereby revised as follows: a) Biweekly service at the Moorpark Public Service Facility is to occur before 7 a.m. or after 5 p.m. on Tuesdays and Fridays. b) Unlocking and cleaning of the exterior restroom at the Ruben Castro Human Services Center is to be performed by 7:30 a.m. on Saturdays. 316 Addendum No. 3 Janitorial Services at Various City Facilities and Parks Page 2 4) The contract term is hereby revised throughout the RFP as follows: The term of the contract shall be twelve (12) months (July 1, 2020 through June 30, 2021), with an option for two (2) additional one-year terms, at the City’s discretion. 5) The Scope of Services for Park Restroom Service is hereby revised to add cleaning and sanitizing of drinking fountains located outside adjacent to the restrooms. 6) The deadline to submit questions has been extended to Tuesday, May 26, 2020 at 12:00 p.m. All questions are to be submitted in writing to Robert Valery at rvalery@moorparkca.gov. CLARIFICATIONS: 1) The City received multiple questions regarding modifications to the Sample Agreement and Insurance Requirements contained in the RFP. Clarification: The City’s policy is that the Agreement be accepted as is. By submitting a proposal to the City in response to this RFP, the proposer is deemed to have provided its approval of the Sample Agreement and assurance that it is able to meet the insurance requirements contained therein. Requests for modifications to the indemnity and insurance provisions will not be considered. 2) Q: Does the City expect that the pricing quoted in the Schedule of Costs on pages 22-23 will apply with respect to the entire maximum 5-year term? A: See Revision #4 above. Term is to be for a maximum of three (3) years. Pricing quoted in the Schedule of Costs is to apply for the entire maximum 3-year term. 3) Q: How will rate increases be addressed for each year of the term after the first year? A: No rate increases will be allowed. Pricing quoted in the Schedule of Costs is to apply for the entire maximum 3-year term. 4) Q: Is the City exempt from State and local sales and use taxes? A: No 5) Q: What level of sanitization do we require? A: Level of disinfecting based on cleaning materials supplied on site. 6) Q: Do we send the amendments in with the bid? A: Yes, signed copies of each Addendum are to be submitted with the proposal. 317 Addendum No. 3 Janitorial Services at Various City Facilities and Parks Page 3 7) Q: Do we open and clean Ruben Castro on Saturday? A: Yes. Ruben Castro exterior restroom is to be opened and cleaned by 7:30 a.m. on Saturdays. 8) Q: Clean the vents on the range in the Active Adult Center kitchen? A: Yes 9) Q: Verify square footage and flooring material in Annex 1 (I.T.) and Annex 2 (break room/storage). A: Maps of Annex 1 and Annex 2 listing square footages and flooring are included in this Addendum as Exhibit A. 10) Q: If available can janitorial park or keep a vehicle on site overnight? And at what location? A: With prior written approval from the City, one (1) vehicle will be allowed on City property overnight. Location to be determined. 11) Q: Clean the refrigerator at the Moorpark Public Service Building (Yard)? A: Once a month 12) Q: Are the door floor mats at Rubin Castro owned or rented? A: We own all the floor mats and when they get worn out we will replace as needed. 13) Q: When can we start cleaning at the Moorpark Public Service Building (Yard)? And what are the hours of operation? A: You can start any time before 7AM and or after 5PM. Hours of operation are from 7AM to 4:30PM. 14) Q: For annual cleaning do we bring our own floor scrubber, buffing and stripping material and equipment? A: Yes. We want you to be familiar with the products and equipment 15) Q: What do we do to the Annex 1 carpeting for Annual Cleaning? A: Carpet Cleaning / Shampoo 16) Q: Are the Park Restroom exterior drinking fountains included in the daily cleaning? A: Yes we would like to include the Park restroom drinking fountain cleaning as part of the service. See Revision 3 above. 318 Addendum No. 3 Janitorial Services at Various City Facilities and Parks Page 4 This addendum shall be made part of the above referenced project. Full compensation for all work and requirements of this addendum shall be considered as included in the appropriate price proposal and no additional compensation will be allowed therefore. __________________________________________ Jeremy Laurentowski, Parks and Recreation Director Questions regarding this addendum may be directed to the City’s Project Representative Robert Valery, rvalery@moorparkca.gov no later than 12:00 p.m. May 26, 2020. PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO ROBERT VALERY AT RVALERY@MOORPARKCA.GOV AND INCLUDE WITH PROPOSAL. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. Company Name: Authorized Representative: Signature of Authorized Representative: Jeremy Laurentowski 319 Schedule of Costs (Revised 5/21/2020) Page 1 of 3 SCHEDULE OF COSTS (Revised 5/22/2020) The labor rates are all inclusive without limitation, to include wage benefits, vehicle, fuel, tools, mobilization and demobilization, supervision, insurance, all licenses, permits, overhead and profit and all other requirements necessary for the commencement, performance and completion of the considered in this RFP. MOORPARK PUBLIC LIBRARY (699 Moorpark Avenue) Monthly Cost Annual Cost Daily Janitorial Service: $ $ Semi-Annual (1x) Cost Annual (2x) Cost** Semi-annual Janitorial Service* $ $ Moorpark Public Library Total Annual Cost: $ RUBEN CASTRO HUMAN SERVICES FACILITY (612 Spring Road) Monthly Cost Annual Cost Daily Janitorial Service: $ $ Semi-Annual (1x) Cost Annual (2x) Cost** Semi-annual Janitorial Service* $ $ Ruben Castro Human Services Total Annual Cost: $ MOORPARK PUBLIC SERVICES FACILITY (627 Fitch Avenue) Monthly Cost Annual Cost Biweekly Janitorial Service: $ $ Semi-Annual (1x) Cost Annual (2x) Cost** Semi-annual Janitorial Service* $ $ Moorpark Public Service Facility Total Annual Cost: $ 320 Schedule of Costs (Revised 5/21/2020) Page 2 of 3 MOORPARK CITY HALL (799 Moorpark Avenue) Semi-Annual (1x) Cost Annual (2x) Cost** Semi-annual Janitorial Service* $ $ MOORPARK COMMUNITY CENTER (799 Moorpark Avenue) Semi-Annual (1x) Cost Annual (2x) Cost** Semi-annual Janitorial Service* $ $ MOORPARK ACTIVE ADULT CENTER (799 Moorpark Avenue) Semi-Annual (1x) Cost Annual (2x) Cost** Semi-annual Janitorial Service* $ $ ARROYO VISTA RECREATION CENTER (4550 Tierra Rejada Road) Semi-Annual (1x) Cost Annual (2x) Cost** Semi-annual Janitorial Service* $ $ PARK RESTROOM SERVICE Monthly Cost Annual Cost Daily Park Restroom Service $ $ PARK FACILITY OPENING Monthly Cost Annual Cost Daily Park Facility Opening $ $ TOTAL COST SUMMARY Total Annual Cost Total Annual Cost (All Services) $ *The City reserves the right to modify the frequency of scheduled Semi-annual Janitorial Services as needed, at its discretion. **Annual cost for Semi-annual Janitorial Service is to include the annual scrub and strip vinyl floors and apply 2-coats of wax, as noted in the Scope of Work specifications. 321 Schedule of Costs (Revised 5/21/2020) Page 3 of 3 SPECIAL REQUEST CLEANING Rates to be applied for special service requests. Services not identified below shall be negotiated on a case by case basis with the City Representative, based on time and materials required to complete the work. Hourly Rate Additional Regular Janitorial Services: $ One-Time Cost Community Center: Scrub and strip vinyl floors, apply 2 coats of wax: $ One-Time Cost Active Adult Center: Scrub and strip vinyl floors, apply 2 coats of wax: $ 322 Annex 1 (I.T.) 35’ x 60’ : Carpet Approx. 1950sf 323 Annex 2 (BREAK ROOM/STORAGE) 35’ x 60’ VCT tile Approx 1025sf 324 CITY OF MOORPARK JANICE S. PARVIN Mayor CHRIS ENEGREN Councilmember ROSEANN MIKOS, Ph.D. Councilmember DAVID POLLOCK Councilmember KEN SIMONS Councilmember PARKS, RECREATION & COMMUNITY SERVICES DEPT. | 799 Moorpark Avenue, Moorpark, CA 93021 Main City Phone Number (805) 517-6200 | Fax (805) 532-2550 | moorpark@moorparkca.gov May 26, 2020 ADDENDUM NO. 4 for Janitorial Services at Various City Facilities and Parks Identification No. IB-2020-1 NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above described project are hereby amended as follows: CLARIFICATIONS: 1) Q: Is the service provider able to open the gate and or park at, for example 4AM if the specified gate open time is 6AM? Is there a specified time limit that the park can be opened before the scheduled time listed on the RFP? A: The start time for the restrooms can be as early as 5AM. The Arroyo Vista Community Park and Shady Ridge Buffer Zone gates should be opened close to 6AM and of course no later than 6AM. 2) Q: Will the restrooms have lights for our employees to turn on in the morning when they open the park restrooms or are the restroom lights on a timer? A: Some of the restroom lighting is on 24/7. The rest have timers and they can be adjusted to the janitorial start time of around 5AM. 3) Q: Is the service provider responsible for all of the windows at the Ruben Castro building for the semi-annual cleaning? A: The janitorial company will clean all exterior windows on the specified building 612B and only interior windows in the lobby area and exterior restroom that are being serviced. This addendum shall be made part of the above referenced project. Full compensation for all work and requirements of this addendum shall be considered as included in the appropriate price proposal and no additional compensation will be allowed therefore. __________________________________________ Jeremy Laurentowski, Parks and Recreation Director PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO ROBERT VALERY AT RVALERY@MOORPARKCA.GOV AND INCLUDE WITH PROPOSAL. Jeremy Laurentowski 325 Addendum No. 4 Janitorial Services at Various City Facilities and Parks Page 2 RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. Company Name: Authorized Representative: Signature of Authorized Representative: 326