Staff Reportt N F
� 1
COUNCIL, AGENDA REPORT
DATE: SEPTEMBER 3, 2015
MEETING DATE: 09/15/15
ITEM NO: H
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AGREEMENT
FOR SERVICES WITH SUNNYVALE BUILDING MAINTENANCE TO
PROVIDE CONTRACT CUSTODIAL SERVICES FROM OCTOBER 1, 2015
THROUGH JUNE 30, 2019 IN AN AMOUNT OF $164,876 ANNUALLY,
WITH A TEN PERCENT CONTINGENCY FOR SPECIAL CLEANINGS,
UNFORESEEN CLEANUPS AND OTHER MAINTENANCE ISSUES, FOR A
TOTAL AMOUNT NOT TO EXCEED $181,363 ANNUALLY.
RECOMMENDATION:
Staff recommends that the Town Council authorize the Town Manager to execute an Agreement
for Services (Attachment 1) with Sunnyvale Building Maintenance to provide contract custodial
services from October 1, 2015 through June 30, 2019 in an amount of $164,876 annually, with a
ten percent contingency for special cleanings, unforeseen cleanups and other maintenance issues,
for a total amount not to exceed $181,363 annually.
BACKGROUND:
The Town of Los Gatos utilizes contractual custodial services for Town -owned facilities. Staff
has determined that contractual custodial services are the most cost effective service delivery
method for this component of building maintenance due to the lower cost of labor and the
flexibility allowed in providing the work after hours. The existing three -year contract with
Sunnyvale Building Maintenance, including a three -month extension approved by Town Council
on June 16, 2015, expires September 30, 2015. The approved budget for FY 2015/16 includes
funding for custodial services at the Police Operations Building, Civic Center, Library, Parks and
Public Works Service Center, and five parks restrooms.
DISCUSSION:
Staff prepared a Request for Proposal (RFP) for contract custodial services at four main
municipal facilities and five park restroom facilities, including providing all restroom products
and closing the park restroom facilities each evening. The RFP included line item costs per
PREPARED BY: MATT MORLEY ZrPuahl-lic 6�i�
Director of Parks Works
Reviewed by: Assistant Town Manager ! wn Attorney a
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: CONTRACT CUSTODIAL SERVICES
SEPTEMBER 3, 2015
DISCUSSION (cont'd):
hour for additional services as needed, such as special cleaning requests, emergency flooding,
and other unanticipated clean -ups.
The RFP was sent to five firms, three of which attended the mandatory walk - through meeting.
Two firms submitted cost proposals to the Town (Attachment 2). Based on a review of the
proposals, including reference checks, staff determined that Sunnyvale Building Maintenance
submitted the most comprehensive proposal, and is the best qualified and most cost competitive
firm to provide the requested services. Sunnyvale Building Maintenance was the service
provider for the last contract period and provided good service throughout the contract.
Sunnyvale Building Maintenance is headquartered in San Jose and offers a full range of facility
services including general custodial, carpet and upholstery cleaning, window washing, lighting
replacements, as well as day porters and general maintenance.
CONCLUSION:
Staff recommends that the Town Council authorize the Town Manager to execute an Agreement
for Services (Attachment 1) with Sunnyvale Building Maintenance to provide contract custodial
services from October 1, 2015 through June 30, 2019 in an amount of $164,876 annually, with a
ten percent contingency for special cleanings, unforeseen cleanups and other maintenance issues,
for a total amount not to exceed $181,363 annually.
ENVIRONMENTAL ASSESSMENT:
This is not a project as defined under CEQA and no further action is required.
FISCAL IMPACT:
Funding for the first year of the agreement is included in the adopted FY 2015/16 Parks and
Public Works Operating Budget. Execution of any options to continue the service in subsequent
years will be contingent upon staff evaluation of the quality of the services provided, as well as
the Town Council's appropriation of funding in subsequent fiscal years.
Attachments:
1. Draft Agreement for Services
2. Contract Custodial Services Quote Summary
AGREEMENT FOR SERVICES
THIS AGREEMENT is dated for identification this 16th of September, 2015 and is made by and
between TOWN OF LOS GATOS, a California municipal corporation, ( "Town ") and Sunnyvale
Building Maintenance ( "Service Provider "), whose address is 1161 Ringwood Court, Suite 150,
San Jose, CA 95131. This Agreement is made with reference to the following facts.
L RECITALS
1.1 The Town desires to engage Service Provider to provide contract custodial services at Town
facilities.
1.2 The Service Provider represents and affirms that it is willing to perform the desired work
pursuant to this Agreement.
1.3 Service Provider warrants it possesses the distinct professional skills, qualifications,
experience, and resources necessary to timely perform the services described in this
Agreement. Service Provider acknowledges Town has relied upon these warranties to
retain Service Provider.
II. AGREEMENT
2.1 Scope of Services. Service Provider shall provide services as described in that certain
Proposal sent to the Town on August 24, 2015, which is hereby incorporated by reference
and attached as Exhibit A.
2.2 Term of Agreement. The effective date of this Agreement shall be October 1, 2015. The
term of the Agreement shall be for a period of four years, commencing October 1, 2015,
and expiring at midnight June 30, 2019. The TOWN may at its sole discretion extend the
term of this Agreement on a year -to -year basis depending upon the TOWN budget
appropriations for these services. The terms and conditions of this Agreement, including
compensation, shall be applicable during said extension unless the parties mutually agree
upon any changes.
2.3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Service Provider
represents and warrants to Town that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Service Provider to practice
its profession. Service Provider shall maintain a Town of Los Gatos business license
pursuant to Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Service Provider shall be responsible for employing or engaging all
persons necessary to perform the services under this Agreement.
2.5 Information/Report Handling. All documents furnished to Service Provider by the Town
and all reports and supportive data prepared by the Service Provider under this Agreement
are the Town's property and shall be delivered to the Town upon the completion of services
Page 1 of 6
ATTACHMENT
or at the Town's written request. All reports, information, data, and exhibits prepared or
assembled by Service Provider in connection with the performance of its services pursuant
to this Agreement are confidential until released by the Town to the public, and the Service
Provider shall not make any of the these documents or information available to any
individual or organization not employed by the Service Provider or the Town without the
written consent of the Town before such release. The Town acknowledges that the reports
to be prepared by the Service Provider pursuant to this Agreement are for the purpose of
evaluating a defined project, and Town's use of the information contained in the reports
prepared by the Service Provider in connection with other projects shall be solely at Town's
risk, unless Service Provider expressly consents to such use in writing. Town further agrees
that it will not appropriate any methodology or technique of Service Provider which is and
has been confirmed in writing by Service Provider to be a trade secret of Service Provider.
2.6 Compensation. Compensation for regular services shall not exceed $164,876 annually,
inclusive of all costs. Payment shall be based upon Town approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the
service and shall be accompanied by a detailed explanation of the work performed by whom
at what rate and on what date. Also, plans, specifications, documents or other pertinent
materials shall be submitted for Town review, even if only in partial or draft form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be
addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031 -0655
2.8 Availability of Records. Service Provider shall maintain the records supporting this billing
for not less than three years following completion of the work under this Agreement.
Service Provider shall make these records available to authorized personnel of the Town at
the Service Provider offices during business hours upon written request of the Town.
2.9 Assiynability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Service Provider. No portion of these services shall be assigned
or subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Service Provider, in the performance of
the work and services agreed to be performed, shall act as and be an independent contractor
and not an agent or employee of the Town. As an independent contractor he /she shall not
obtain any rights to retirement benefits or other benefits which accrue to Town employee(s).
With prior written consent, the Service Provider may perform some obligations under this
Agreement by subcontracting, but may not delegate ultimate responsibility for performance
or assign or transfer interests under this Agreement. Service Provider agrees to testify in any
litigation brought regarding the subject of the work to be performed under this Agreement.
Page 2 of 6
Service Provider shall be compensated for its costs and expenses in preparing for, traveling
to, and testifying in such matters at its then current hourly rates of compensation, unless
such litigation is brought by Service Provider or is based on allegations of Service
Provider's negligent performance or wrongdoing.
2.11 Conflict of Interest. Service Provider understands that its professional responsibilities are
solely to the Town. The Service Provider has and shall not obtain any holding or interest
within the Town of Los Gatos. Service Provider has no business holdings or agreements
with any individual member of the Staff or management of the Town or its representatives
nor shall it enter into any such holdings or agreements. In addition, Service Provider
warrants that it does not presently and shall not acquire any direct or indirect interest
adverse to those of the Town in the subject of this Agreement, and it shall immediately
disassociate itself from such an interest, should it discover it has done so and shall, at the
Town's sole discretion, divest itself of such interest. Service Provider shall not knowingly
and shall take reasonable steps to ensure that it does not employ a person having such an
interest in this performance of this Agreement. If after employment of a person Service
Provider discovers it has employed a person with a direct or indirect interest that would
conflict with its performance of this Agreement Service Provider shall promptly notify
Town of this employment relationship, and shall, at the Town's sole discretion, sever any
such employment relationship.
2.12 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Service Provider nor its subcontractors do and neither shall
discriminate against persons employed or seeking employment with them on the basis of
age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental
disability, national origin, religion, or medical condition, unless based upon a bona fide
occupational qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Service Provider agrees to have and maintain, for the duration of the
contract, General Liability insurance policies insuring him/her and his /her
firm to an amount not less than: one million dollars ($1,000,000) combined
single limit per occurrence for bodily injury, personal injury and property
damage.
ii. Service Provider agrees to have and maintain for the duration of the contract,
an Automobile Liability insurance policy ensuring him/her and his /her staff
to an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodily injury and property damage.
Service Provider shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Service Provider agrees that all
Page 3 of 6
certificates and endorsements are to be received and approved by the Town
before work commences.
General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered
as insured as respects: liability arising out of activities performed by or on
behalf of the Service Provider; products and completed operations of Service
Provider, premises owned or used by the Service Provider.
ii. The Service Provider's insurance coverage shall be primary insurance as
respects the Town, its officers, officials, employees and volunteers. The
insurance shall name on the policy, as additional insured, the Town of Los
Gatos, its officers, officials, employees and volunteers. Any insurance or
self - insurances maintained by the Town, its officers, officials, employees or
volunteers shall be excess of the Service Provider's insurance and shall not
contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, employees or
volunteers.
iv. The Service Provider's insurance shall apply separately to each insured
against whom a claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that
coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the Town. Current certification of such insurance shall be kept on file at all
times during the term of this agreement with the Town Clerk.
3.3 Workers' Compensation. In addition to these policies, Service Provider shall have and
maintain Workers' Compensation insurance as required by California law and shall provide
evidence of such policy to the Town before beginning services under this Agreement.
Further, Service Provider shall ensure that all subcontractors employed by Service Provider
provide the required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and
defend the Town its officers, agent, employees and volunteers from all damages, liabilities,
penalties, costs, or expenses in law or equity that may at any time arise or be set up because
of damages to property or personal injury received by reason of, or in the course of
performing work which may be occasioned by a willful or negligent act or omissions of the
Service Provider, or any of the Service Provider's officers, employees, or agents or any
subcontractor.
Page 4 of 6
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of a
subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Service Provider shall have the right to
terminate this agreement with or without cause by giving not less than fifteen days (15)
written notice of termination. In the event of termination, the Service Provider shall deliver
to the Town all plans, files, documents, reports, performed to date by the Service Provider.
In the event of such termination, Town shall pay Service Provider an amount that bears the
same ratio to the maximum contract price as the work delivered to the Town bears to
completed services contemplated under this Agreement, unless such termination is made for
cause, in which event, compensation, if any, shall be adjusted in light of the particular facts
and circumstances involved in such termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town and the Service
Provider.
4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, including costs of appeal.
4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if
mailed postage prepaid, and addressed to:
Town of Los Gatos Sunnyvale Building Maintenance
Attn: Town Clerk Attn: Andy Gonzalez
110 E. Main Street 1161 Ringwood Court, Suite 150
Los Gatos, CA 95030 San Jose, CA 95131
or personally delivered to Service Provider to such address or such other address as
Service Provider designates in writing to Town.
4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the
terms and conditions of this Agreement in respect of the Products or Services and any
attachments to this Agreement, then the terms and conditions of this Agreement shall
prevail over attachments or other writings.
Page 5 of 6
4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and
exclusive statement of the Agreement between the Town and Service Provider. No terms,
conditions, understandings or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party.
IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Matt Morley
Director of Parks and Public Works
Approved as to Form:
Schultz, Town Attorney
Service Provider, by:
Andy Gonzalez
Page 6 of 6
Request for Proposals
Town of Los Gatos
Contract Custodial Services
ISSUANCE DATE
Thursday August 6, 2015
Town of Los Gatos
Parks & Public Works Department
41 Miles Avenue
Los Gatos, CA 95030
EXHIBIT A
1ps•�AtpS
August 6, 2015
Dear Prospective Contractor:
Town of Los Gatos
Parks and Public Works Department
41 Miles Avenue
Los Gatos, CA 95030
Phone: (408) 399 -5770
Fax: (408) 354 -8529
The Town of Los Gatos is requesting written proposals to provide contract custodial
services at Town facilities including routine general cleaning, floor care, restroom
cleaning, window washing, and other cleaning services provided on a scheduled periodic
basis as described in more detail in this request for proposals.
The initial term of the agreement is anticipated to be for one year, with options to renew
for up to three additional years at terms to be agreed upon between the parties, for a
maximum term of four years.
A mandatory pre -bid meeting and walk - through is scheduled for 10:00 a.m. Friday August
14, 2015 beginning at the Los Gatos Parks & Public Works Service Center located at 41
Miles Avenue in Los Gatos. Failure to attend this mandatory pre -bid meeting will
disqualify contractors from submitting proposals for this contract.
Town of Los Gatos
Parks and Public Works Department
Custodial Services Proposals
41 Miles Avenue
Los Gatos, CA 95030
All inquiries or questions regarding this proposal shall be directed to:
Jim Harbin
Facilities and Environmental Programs Manager
(408) 395 -5310
jharbin @losgatosca.gov
Detailed information on the requested services, proposal requirements and evaluation and
selection criteria are provided in the following sections of this request for proposals.
Town of Los Gatos Page 2 of 27
RFP for Contract Custodial Services
REQUESTED SCOPE OF SERVICES
Locations
The Contractor shall for the term of the contract furnish all labor, equipment, materials
and supplies (where indicated) necessary to provide Custodial Services at the following
locations:
Facility Name
Civic Center
General Description
Offices, Council Chambers,
Dispatch, Restroom
16426
110 East Main St
Los Gatos Library
Public Library, Offices,
Restrooms
29000
100 Villa Ave
Service Center
Offices, Locker Room, Fueling
Station, Restrooms
6600
41 Miles Ave
Police Operations
Building
Offices, Locker Room, Holding
Cells, Restrooms
12171
15900 Los Gatos Blvd
Oak Meadow Park
Restrooms
300
233 Blossom Hill Rd
Blossom Hill Park
Restrooms
286
16300 Blossom Hill
Rd
Balzer Field
Restrooms
408
41 Miles Ave
Belgatos Park
Restrooms
240
308 Belgatos Lane
Creekside Sports Park
Restrooms
300
930 University Ave
Total Square Footage
65731
General Specifications
The Service Provider shall establish effective communication channels to allow daily
communication with assigned staff and weekly /monthly evaluations of services provided.
In an effort to allow maximum effective communication between Town staff and the
Service Provider, the Town requires that Service Provider's site supervisor and at least
one of Service Provider's staff on duty at all times to speak, read, and write fluent English.
Children, friends, family, or other persons not directly employed by Service Provider are
strictly prohibited from Town's premises. Monthly meetings between the Town's
Facilities and Environmental Programs Manager and Service Provider's project supervisor
will be required.
All work is to be performed on the days and between the hours specified for each building,
except on holidays and closure days as shown on Attachment I (which shall be amended
annually). Time allowances may be made for special monthly, bi- annual, or other
Town of Los Gatos Page 3 of 27
RFP for Contract Custodial Services
periodic services. Service Provider must make arrangements with the Town's Facilities
and Environmental Programs Manager to set any unusual schedules.
Some Town facilities are equipped with intrusion/burglar alarms. Service Provider is
responsible to adequately train employees in the proper disarming and arming of each
alarm. The Town maintains the right to charge service provider $50 for each incident of
false (burglar) alarm caused by Service Provider's employees. These charges, when
applicable, will be documented and deducted from the monthly payment to said Service
Provider.
Service Provider will be provided with storage rooms where equipment and supplies may
be stored in a safe and secure environment. Janitorial supply rooms are to be kept clean
and orderly at all times. Tools and supplies are to be properly labeled and stored.
The Service Provider is responsible for the removal and replacement of all furniture and
equipment, as required, to perform vacuuming, shampooing, stripping, waxing, and
buffing.
The Service Provider and his staff shall follow all established safety procedures and shall
take special care not to endanger the public in any way. Service Provider's equipment and
supplies shall not be left in areas or in such a manner where they could pose a hazard to
the public or Town employees. Doors to Service Provider's supply closets shall remain
closed and locked when an employee is not immediately present.
The Service Provider shall provide uniforms for their employees to wear while conducting
business on Town property. The uniform shall clearly identify the Service Providers firm,
and name of employee. The style and color of those uniforms will be mutually agreed
upon by the parties.
The Service Provider is responsible for the security of all doors and windows at the
conclusion of work in each area. All doors shall remain closed and locked while Service
Provider's staff is inside cleaning. Special care shall be taken to ensure that buildings and
rooms are not left unlocked, open, or unattended at any time. All windows shall be shut
securely and all exterior doors shall be locked and closed securely. The Service
Provider's staff shall double -check all doors behind them to ensure that they are secure
(including doors that they did not enter or exit). Areas with alarms shall be armed
immediately at the conclusion of the Service Provider's work. Interior doors that are
found open or unlocked shall be left in the same position/condition in which they were
found. Interior doors that are found locked shall be re- locked at the conclusion of the
Service Provider's work.
Emergency situations (water leaks, etc.) shall be reported immediately to the Town's
Facilities and Environmental Programs Manager (24- hours /day). Service Provider shall
make note of any damages or unusual conditions found in any room and leave a written
Town of Los Gatos Page 4 of 27
RFP for Contract Custodial Services
note in the Facilities and Environmental Programs Manager mailbox in the Administrative
Building at 41 Miles Avenue, or leave a voicemail message or email clearly describing the
condition, damage, or problem.
Any damage to the facilities caused by the Service Provider or its employees shall be
repaired by Service Provider, to the Facilities and Environmental Programs Manager's
satisfaction, within five (5) working days. If repairs are not made, or are not made to the
satisfaction of the Town, the Service Provider may be back - charged at cost plus 15% for
repairs provided by others. Proof of expense shall be documented and provided to Service
Provider.
During the term of the agreement, the Service Provider shall provide 24 hour, 7 days a
week service and a force of qualified workers, sufficient to respond to calls at any time to
promptly clean areas as requested over and above the standard work schedule. Service
Provider shall respond within 2 hours should work be required outside of scheduled work
hours. Call back time shall be paid based on actual time worked, with a 2 hour minimum
paid for work of 2 hours or less.
Supplies
The custodial Service Provider shall supply all toiletries, hand soaps, hand towels,
feminine hygiene products, toilet seat protectors, cleaning supplies, urinal blocks, garbage
can liners and vehicle window towels used at the facilities at no additional cost to the
Town beyond what is included in this proposal. Hand towels shall be continuous roll type
made from recycled paper. Vehicle window towels shall be Z fold type. Toilet tissue
shall be 2 -ply made from 100% total recycled fiber, 95% or more post - consumer fiber.
All paper products, and hand soaps shall conform to existing dispensers established in all
Town locations. Hand soaps shall be non - allergenic.
The Town's Facilities and Environmental Programs Manager shall approve all cleaning
products, supplies and solutions in advance of their use. The Town promotes green
cleaning practices and products; therefore use of green products is required whenever
possible.
Personnel
Contractor shall select individuals to perform janitorial services for Town facilities in
conformance with acceptable janitorial practices and standards. Custodial staff working in
Town facilities shall have relevant experience and shall not be permitted to work on Town
premises unless they have pass a Town - approved background check as further described
below.
Contractor's employees assigned to work on Town premises shall be subject to complete
criminal background checks through the Town of Los Gatos. Throughout the term of this
agreement, the Town reserves the right to require the Contractor to update background
Town of Los Gatos Page 5 of 27
RFP for Contract Custodial Services
checks for employees. There will be no exceptions and no substitutions of personnel to
perform any services at any City facility without receiving clearance from the City after
background clearance checks are completed.
No alcohol or illicit drug use shall be permitted on Town property. Smoking is not
allowed in Town buildings.
Contractor shall submit a current list of names and assignments of all employees who will
perform work under this contract. Changes in the employees list shall be reported to the
Facilities and Environmental Programs Manager no less than 24 hours before the change
becomes effective.
Contractor shall provide appropriate training prior to the beginning of service to ensure
competence performance of work during scheduled hours. When submitting names of
employees, Contractor shall provide documentation of the type and amount of training
received by each employee. All employees must understand correct use of all materials,
processes and equipment used to clean, including what to do if problems occur (i.e. proper
use of MSDS Sheets).
Employees and representatives of the Contractor must be able to communicate orally and
in writing in English.
Miscellaneous ,Building Maintenance
The Town may wish to use the custodial services service provider to provide other
building maintenance and repair from time to time over the course of the contract. This
work may be provided on an as- needed basis, and a scope of work shall be developed and
approved by the Facilities and Environmental Programs Manager prior to the start of any
service. This work may include light electrical and plumbing work, interior wall repair
and construction, door /window repair, furniture assembly, moving furniture or boxes, and
HVAC maintenance and shall be paid on a time and materials basis at the hourly rates
included in the bid proposal, with a two -hour minimum paid for work of two -hours or less.
Site Specific Specifications
For each site, services shall be provided during the hours shown and on the days indicated.
For non - routine services (quarterly, semi - annual, etc.,) the specific days and times for
performance shall be coordinated with the Town's Facilities and Environmental Programs
Manager a minimum of two weeks in advance of the planned service.
Town of Los Gatos Page 6 of 27
RFP for Contract Custodial Services
Locations: Civic Center, Service Center, & Police Operations Building
Frequency: Tuesday, Thursday, Sunday
Hours: 7:00 p.m. to 5:00 a.m.
Exception: Cleaning in and around the Council Chambers shall not be permitted
30 minutes prior to or 30 minutes following any scheduled meetings.
Office and General Assembly Areas
Dust -mop or damp -mop all non - carpeted floors
Vacuum carpeting
Spot clean carpet
Empty all garbage and recycling receptacles and deposit waste in appropriate containers or
dumpsters
Replace waste can liners
Straighten office furniture
Clean all open tables, sinks and counters
Spot clean walls, doors and interior glass
Clean stairways
Clean entry doors and glass
Sweep exterior of entrance areas and ensure they are free of cobwebs, litter and other
debris
Clean water coolers, replace bottled water and cups
Clean and sweep entry/lobby areas
Empty all outside waste containers, clean covers, and remove gum from ring covers
Restrooms and Locker Rooms
Empty wastebaskets and trash containers; replace plastic liners.
Clean all mirrors and surrounding chrome with disinfectant.
Wash out basins with cleanser, rinse and dry; damp dry basin traps.
Town of Los Gatos Page 7 of 27
RFP for Contract Custodial Services
Use toilet bowl cleaner /disinfectant in all toilet bowls and urinals; damp dry all external
surfaces; clean all chrome
Clean all stainless steel fixtures and chrome dispensers.
Replenish all paper supplies and soap dispensers.
Damp wipe partitions (inside and out), doors, walls and tile.
Sweep, and then mop floors with disinfectant.
Dust window sills
Thoroughly clean and disinfect shower facilities, fixtures, and floors in locker room
Dust tops of storage lockers
Locations: Civic Center, Service Center, & Police Operations Building
Frequency: Monday, Wednesday, Friday
Hours: 7:00 p.m. to 5:00 a.m.
Check and restock all restroom supplies and dispensers, pick up any litter or debris, and
spot clean as needed
Empty waste receptacles in restrooms, break rooms, and large containers in central areas
Re -stock vehicle fuel island window wash solution and paper towels (Service Center)
Locations: Civic Center, Service Center, & Police Operations Building
Frequency: Weekly
Hours: 7:00 p.m. to 5:00 a.m.
Buff all hard surface floors
Clean and polish all desks, tables, and counters when surfaces are reasonably free from
papers
Clean file cabinets by damp wiping
Dust and wipe railings, banisters, and window sills
Dust/wash interior walls
Town of Los Gatos Page 8 of 27
RFP for Contract Custodial Services
Dust office furnishings, chairs, counters, cabinets and other decor
Sweep outside patio area between Manager's and Town Attorney's office (Civic Center)
Wipe down patio furniture (Service Center)
Vacuum all internal /external door mats (Service Center)
Locations: Civic Center, Service Center, & Police Operations Building
Frequency: Monthly
Hours: 7:00 p.m. to 5:00 a.m.
High- dusting and vacuuming to remove dust, dirt, and cob webs from vents, corners, and
ledges
Disinfect and clean phones
Clean all vents, grills, and registers
Clean ceiling fan blades and motor assemblies
Clean baseboards and door kick - plates
Clean all outside lights, remove cob webs from lens covers, and lamp housings
Vacuum upholstered chair surfaces
Scrub and mop concrete stairs (Civic Center)
Polish wood floors (Service Center White House)
Sweep vehicle fuel island (Service Center)
Clean gas, diesel and compressed natural gas fuel dispensers (Service Center)
Locations: Civic Center, Service Center, & Police Operations Building
Frequency: Quarterly (4 times per year)
Hours: 7:00 p.m. to 5:00 a.m.
Exception: Window cleaning shall be during the day. The time and dates shall be
submitted to the Town for approval a minimum of 2 weeks prior to the
proposed cleaning.
Wash all building interior and exterior windows
Town of Los Gatos Page 9 of 27
RFP for Contract Custodial Services
Clean all modular work stations. Fabric padded partitions shall be cleaned using vacuum
powered equipment. No chemicals shall be used for the purpose of general cleaning.
Stains shall be removed using only an approved dry cleaning solution as specified by the
manufacturer. All metal surfaces shall be wiped by hand to remove dust and smudges
Locations: Civic Center, Service Center, & Police Operations Building
Frequency: Every 6 months (2 times per year)
Hours: 7:00 p.m. to 5:00 a.m.
Strip, seal, and wax all tiles floors
Dust and clean all vertical and horizontal blinds, and vacuum any drapes
Shampoo upholstered furniture
Shampoo all carpeted areas
Clean cob webs and dirt from all external building and fuel island lights
Locations:
Police Operations Building
Frequency:
Every 2 months (6 times per year)
Hours:
7:00 p.m. to 5:00 a.m.
Pressure wash Sally Port
Locations:
Library
Frequency:
Daily (7 days per week)
Hours:
11:00 p.m. to 5:00 a.m.
Offices and Public Areas
Dust office furnishings, chairs, counters, cabinets, bookshelves, and other decor
Dust mop or damp mop all non - carpeted floors
Vacuum carpeting
Spot clean carpets
Town of Los Gatos Page 10 of 27
RFP for Contract Custodial Services
Empty all garbage and recycling receptacles and deposit waste in appropriate containers or
dumpsters
Replace waste can liners
Straighten office furniture
Clean all open tables, sinks, and counters
Spot clean all walls and doors and interior glass
Clean stairways
Clean entry doors and glass
Sweep exterior of entrance areas and ensure they are free of cobwebs, litter and other
debris
Clean water coolers, replace bottled water and cups
Clean and sweep entry/lobby areas
Empty all outside waste containers, clean covers, and remove gum from ring covers
Restrooms
Empty wastebaskets and trash containers; replace plastic liners.
Clean all minors and surrounding chrome with disinfectant.
Wash out basins with cleanser, rinse and dry; damp dry basin traps.
Use toilet bowl cleaner /disinfectant in all toilet bowls and urinals; damp dry all external
surfaces; clean all chrome
Clean all stainless steel fixtures and chrome dispensers.
Replenish all paper supplies and soap dispensers.
Damp wipe partitions (inside and out), doors, walls and tile.
Sweep, and then mop floors with disinfectant.
Dust window sills
Thoroughly clean and disinfect shower facilities, fixtures, and floors
Town of Los Gatos Page 11 of 27
RFP for Contract Custodial Services
Locations: Library
Frequency: Weekdays (Monday through Friday)
Hours: 2 p.m. to 4 p.m.
Two hours of supplemental porter service from 2pm to 4pm. Porter Service shall include
cleaning and stocking of the restrooms, breaking down boxes for recycling, dusting, and
emptying trash.
Locations: Library
Frequency: Weekly
Hours: 11:00 p.m. to 5:00 a.m.
Buff all hard surface floors
Clean and polish all desks, tables, counters when surfaces are reasonably free from papers
Clean all file cabinets
Vacuum upholstered chair surfaces
Dust and wipe railings, banisters, and window sills
Dust/wash interior walls
Sandstone floor double pass machine scrub
Shampoo carpets in Children's Area and spot shampoo /clean other areas as needed
Locations: Library
Frequency: Monthly
Hours: 11:00 p.m. to 5:00 a.m.
High - dusting and vacuuming to remove dust, dirt, and cob webs from vents, wall corners,
tops of shelves, accessible light fixtures, and ledges
Disinfect and clean phones
Clean all vents, grills, and registers
Clean all baseboards and door kick plates
Town of Los Gatos Page 12 of 27
RFP for Contract Custodial Services
Locations: Library
Frequency: Quarterly (4 times per year)
Hours: 11:00 p.m. to 5:00 a.m.
Exception: Window cleaning shall be during the day. The time and dates shall be
submitted to the Town for approval a minimum of 2 weeks prior to the
proposed cleaning.
Shampoo upholstered furniture including "nurdle nooks"
Wash all building interior and exterior windows including metal shades on the exterior of
the building, and glass overhand at the top of the building. Window cleaners are
prohibited from standing or walking extemal metal louvers
Dust all ceiling level window sills
Clean all modular work stations. Fabric padded partitions shall be cleaned using vacuum
powered equipment. No chemicals shall be used for the purpose of general cleaning.
Stains shall be removed using only an approved dry cleaning solution as specified by the
manufacturer. All metal surfaces shall be wiped by hand to remove dust and smudges
Locations: Library
Frequency: Every six months (2 times per year)
Hours: 11:00 p.m. to 5:00 a.m.
Strip, seal, and wax all tile floors
Locations: Park Restrooms
Frequency: Daily (7 days per week)
Hours: /2 hour after sunset to '/z hour before sunrise.
Empty trash receptacles and replace liners.
Clean all mirrors and surrounding chrome with disinfectant.
Wash out basins with cleanser, rinse and dry; damp dry basin traps.
Use toilet bowl cleaner /disinfectant in all toilet bowls and urinals; damp dry all external
surfaces; clean all chrome. Top and bottom of toilet seats, base and behind fixtures shall
be cleaned
Clean all stainless steel fixtures and chrome dispensers.
Town of Los Gatos Page 13 of 27
RFP for Contract Custodial Services
Replenish all paper supplies and soap dispensers.
Damp wipe partitions (inside and out), doors, walls and tile.
Sweep, and then mop floors with disinfectant. Floors shall not have standing water and
shall be squeegeed or swept after washing to remove standing water.
Scrub and clean the water closets, urinals, sinks, doors, partitions, walls, floors and
dispensers.
Fixtures shall be maintained free of stains and graffiti
All drains shall be kept clear.
Walls, mirrors and ceilings will be kept clean, free of cob webs, dirt, and "spit- balls"
The Service Provider shall maintain a supply of paper products, trash liners, and soap at
each restroom facility for Town staff to use in case supplemental restroom supply
restocking is needed during the day. Service Provider should plan on restrooms in parks
using one case of toilet paper per day total and should stock accordingly.
EVALUATION CRITERIA
The following criteria will be used by the Town in evaluating proposals.
1. Cost for the requested scope of services
2. Contractor's previous experience providing similar services, particularly for
municipalities or other public agency clients
3. Proposed approach to providing the services requested (personnel, equipment,
technology)
4. References
5. Experience of designated contract manager
The Town of Los Gatos reserves the right to reject all proposals, re- advertise, extend the
proposal period, or waive minor irregularities or errors that do not materially affect nor
substantially alter the proposal process or submittals.
SELECTION PROCESS
Town staff will review all the proposals received using the evaluation criteria listed above.
Firms will be ranked based on the quality of their proposals and the extent to which the
company demonstrates the ability to provide the services requested in a cost - efficient
manner. The top ranked firms will then be invited to an interview with Town staff. The
proposers designated contract manager shall attend the interview and be the primary
spokesperson and presenter on behalf of the firm.
Town of Los Gatos Page 14 of 27
RFP for Contract Custodial Services
BUSINESS LICENSE
The successful proposer must either possess a current Town of Los Gatos business license
or must have submitted a Town of Los Gatos business license application and fee at the
time of award. The cost of a Town Business License for Service Companies is $100 per
year (pro -rated by quarter), plus a $1.00 State Fee. The Town's Business License
Application is available on the Town of Los Gatos website at
http: / /www.losgatosea .gov /DocumentCenter/View /7812.
STANDARD CONTRACTUAL SERVICES AGREEMENT AND INSURANCE
COVERAGE
Contractor shall execute the Town's standard contractual services agreement and procure
and maintain the insurance coverages set forth in the Town's Standard Contract Services
Agreement, which is shown Attachment 2.
MANDATORY PRE -BID MEETING AND WALK THROUGH
A mandatory pre -bid meeting, and walk - through is scheduled for 10:00 a.m. Wednesday
August 12, 2015. Interested contractors are to meet at the Los Gatos Parks & Public
Works Service Center located at 41 Miles Avenue in Los Gatos. Failure to attend this
mandatory pre -bid meeting will disqualify contractors from bidding this project. A general
question and answer session will be followed by site visits at the Civic Center, Library,
Service Center and Police Operations Building. No site visits will be scheduled for the 5
park restroom buildings. Proposers are encouraged to visit these facilities independently.
QUESTIONS REGARDING THIS PROPOSAL
All questions must be submitted in writing no later than 5 p.m. on Tuesday, August 18 to
Jim Harbin via email at jharbin @losgatosca.gov. All questions and responses will be
posted on the Town's website at http:/ /www los <ratosca .gov /custodialservicesrfp. The
Town will make every effort to post and respond to questions within 2 business days
during the proposal solicitation period. The final posting of questions and responses on the
Town's website will be 5:00 p.m. Wednesday, August 19, 2015. Questions submitted in
writing prior to the pre -bid meeting and walk - through will be responded to verbally at the
pre -bid meeting, and subsequently posted on the Town's website. As deemed appropriate
in the Town's sole discretion, responses to questions raised at the pre -bid meeting and
walk- through may also be posted on the Town's website.
PROPOSAL REQUIREMENTS
Proposals must include the following:
Town of Los Gatos Page 15 of 27
RFP for Contract Custodial Services
1. Name, address and contact information (including phone and email) of proposing firm.
2. A description of the firm, including services offered by the firm, firm history, total
number of personnel currently employed by the firm, and other relevant information.
3. A minimum of three and a maximum of five references, including one or more public
agency clients, where similar services have been, or are currently being provided.
References shall include contact name, title, phone number, and email.
4. A list of current clients and contracts where similar services are being provided.
5. The number of personnel and description of any specialized equipment that will be
used to provide the services.
6. The name and a summary of experience of the designated contract manager.
7. A completed cost proposal for the requested services on the attached cost proposal
form (Attachment 3).
8. A letter signed by a principal of the firm authorized to submit proposals on behalf of
the firm.
Town of Los Gatos
Contract Custodial Services
41 Miles Avenue
Los Gatos, CA 95030
All inquiries or questions regarding this proposal shall be directed to:
Jim Harbin
Facilities and Environmental Programs Manager
408.395.5310
jharbin @losgatosca.gov
Attachments
1. Holiday Schedule
2. Schedule of Non - Routine Maintenance Services
3. Standard Contractual Services Agreement and Insurance Coverage
4. Cost Proposal
Town of Los Gatos Page 16 of 27
RFP for Contract Custodial Services
ATTACHMENT 1
HOLIDAY CLOSURE SCHEDULE
September 1, 2015 through August 30, 2016
Holida
. ,
Observed
Notes
Labor Day
Monday, Se tember 7, 2015
Thanksgiving
Thursday, November 26, 2015
Thanksgiving Day After
Friday, November 27, 2015
Christmas Eve
Thursday, December 24, 2015
Afternoon
Christmas
Friday, December 25, 2015
New Year's Eve
Thursday, December 31, 2015
Afternoon
New Year's
Friday, January 1, 2016
Martin Luther King Jr. Day
Monday, January 18, 2016
Presidents Day
Monday, February 15, 2016
Memorial Day
Monday, May 30, 2016
Fourth of July
Monday, July 4, 2016
Town of Los Gatos Page 17 of 27
RFP for Contract Custodial Services
cc
Za
oa
os
ac
so
ATTACHMENT 2
SCHEDULE OF NON-ROUTINE MAINTENANCE SERVICES
Town of Los Gatos Page 18 of 27
RFP for Contract Custodial Services
W,
x x
x x
x x
x x
s.
x
x x
x x
x x
x
IN
x
21,
>
X x
x
x x
x
x
X%
x
x%%
x
x
ri
0 is
X%
x%%
x
q
x %%
X%
x
x x
x x
x
3
x
x
x
x
X x
x x
x
x
X
x
x
x x
X X
X X
X
X X
X
x
x
x
x
x x
x
x x
. .
. .
.
x x
x x
x x
x x
x x
x x
x
x
x x
x
x
x
'a
x x
x x
x
x
x x
x
x
x
x
x
x
x x
x x
x x
x x
x
x
x
95
x
x
x
.
. .
.
x
x x
x x
x x
x
x x
x x
x x
x x
x
x
x x
x x
x
x
x x
x x
x x
N x
x
x
x x
x
x
x x
x x
x
X.,
x x
x
x
x
x x
x x
x
x
x
x x
a
2
r
Q,
E
5-
E
0"
E
im
U
0
0 0
E
E 1
E
>
>
7E
E
3
my
0
1.
-6
C
0
a
0
we
75
>
-0
a
0
G
@
.
>
0
'AA
>
E U
> m
4
U
>
. E
i
>
E
0
C C
m
m
m
x E
E,
E
E
>
U 0
> 0
U
H! Q
U U
>
01
k
U
U
a U
>U
Ulm
0
E
U U U U U U U U U
UU U
0 0 0 0 0 0 0 0
0
.
i'u
ism
U U U U U U U U U
ynaaannaan
1 ..
.. .
Town of Los Gatos Page 18 of 27
RFP for Contract Custodial Services
ATTACHMENT
STANDARD CONTRACTUAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into by and between TOWN OF LOS
GATOS, a California municipal corporation, ( "Town ") and ( "Service
Provider "), whose address is This Agreement is made with reference to
the following facts.
I. RECITALS
1.1 The Town desires to engage Service Provider to provide the following
1.2 The Service Provider represents and affirms that it is willing to perform the desired work
pursuant to this Agreement.
1.3 Service Provider warrants it possesses the distinct professional skills, qualifications,
experience, and resources necessary to timely perform the services described in this
Agreement. Service Provider acknowledges Town has relied upon these warranties to
retain Service Provider.
II. AGREEMENT
2.1 Scope of Services. Service Provider shall provide services as described in that certain
Proposal sent to the Town dated which is hereby incorporated by reference
and attached as Exhibit A.
2.2 Term and Time of Performance. This contract will remain in effect from to
with an option of extending the agreement for up to an additional three year
terns, for a total agreement of not to exceed four years, at terms to be mutually agreed upon
between the Town and the Service Provider.
2.3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Service Provider
represents and warrants to Town that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Service Provider to practice
its profession. Service Provider shall maintain a Town of Los Gatos business license
pursuant to Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Service Provider shall be responsible for employing or engaging all
persons necessary to perform the services under this Agreement.
Town of Los Gatos Page 19 of 27
RFP for Contract Custodial Services
2.5 Information /Report Handling. All documents furnished to Service Provider by the Town
and all reports and supportive data prepared by the Service Provider under this Agreement
are the Town's property and shall be delivered to the Town upon the completion of services
or at the Town's written request. All reports, information, data, and exhibits prepared or
assembled by Service Provider in connection with the performance of its services pursuant
to this Agreement are confidential until released by the Town to the public, and the Service
Provider shall not make any of the these documents or information available to any
individual or organization not employed by the Service Provider or the Town without the
written consent of the Town before such release. The Town acknowledges that the reports
to be prepared by the Service Provider pursuant to this Agreement are for the purpose of
evaluating a defined project, and Town's use of the information contained in the reports
prepared by the Service Provider in connection with other projects shall be solely at Town's
risk, unless Service Provider expressly consents to such use in writing. Town further agrees
that it will not appropriate any methodology or technique of Service Provider which is and
has been confirmed in writing by Service Provider to be a trade secret of Service Provider.
2.6 Compensation. Compensation for services shall be as set forth in the Service Providers bid
proposal dated
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the
service and shall be accompanied by a description of the work performed to such detail that
the Town can review the invoice.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be
addressed as follows:
Invoices:
Town of Los Gatos
Town of Los Gatos Page 20 of 27
RFP for Contract Custodial Services
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031 -0655
2.8 Availability of Records. Service Provider shall maintain the records supporting
this billing for not less than three years following completion of the work under
this Agreement. Service Provider shall make these records available to authorized
personnel of the Town at the Service Provider offices during business hours upon
written request of the Town.
2.9 Assi ne ability and Subcontracting. The services to be performed under this
Agreement are unique and personal to the Service Provider. No portion of these
services shall be assigned or subcontracted without the written consent of the
Town.
2.10 Independent Contractor. It is understood that the Service Provider, in the
performance of the work and services agreed to be performed, shall act as and be
an independent contractor and not an agent or employee of the Town. As an
independent contractor he /she shall not obtain any rights to retirement benefits or
other benefits which accrue to Town employee(s). With prior written consent, the
Service Provider may perform some obligations under this Agreement by
subcontracting, but may not delegate ultimate responsibility for performance or
assign or transfer interests under this Agreement. Service Provider agrees to testify
in any litigation brought regarding the subject of the work to be performed under
this Agreement. Service Provider shall be compensated for its costs and expenses
in preparing for, traveling to, and testifying in such matters at its then current
hourly rates of compensation, unless such litigation is brought by Service Provider
or is based on allegations of Service Provider's negligent performance or
wrongdoing.
2.11 Conflict of Interest. Service Provider understands that its professional
responsibilities are solely to the Town. The Service Provider has and shall not
obtain any holding or interest within the Town of Los Gatos. Service Provider has
no business holdings or agreements with any individual member of the Staff or
management of the Town or its representatives nor shall it enter into any such
holdings or agreements. In addition, Service Provider warrants that it does not
presently and shall not acquire any direct or indirect interest adverse to those of the
Town in the subject of this Agreement, and it shall immediately disassociate itself
from such an interest, should it discover it has done so and shall, at the Town's sole
discretion, divest itself of such interest. Service Provider shall not knowingly and
shall take reasonable steps to ensure that it does not employ a person having such
an interest in this performance of this Agreement. If after employment of a person
Service Provider discovers it has employed a person with a direct or indirect
interest that would conflict with its performance of this Agreement Service
Provider shall promptly notify Town of this employment relationship, and shall, at
the Town's sole discretion, sever any such employment relationship.
Town of Los Gatos Page 21 of 27
RFP for Contract Custodial Services
2.12 Equal Employment Opportunity. Service Provider warrants that it is an equal
opportunity employer and shall comply with applicable regulations governing
equal employment opportunity. Neither Service Provider nor its subcontractors do
and neither shall discriminate against persons employed or seeking employment
with them on the basis of age, sex, color, race, marital status, sexual orientation,
ancestry, physical or mental disability, national origin, religion, or medical
condition, unless based upon a bona fide occupational qualification pursuant to the
California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Service Provider agrees to have and maintain, for the duration of
the contract, General Liability insurance policies insuring him /her
and his /her firm to an amount not less than: one million dollars
($1,000,000) combined single limit per occurrence for bodily
injury, personal injury and property damage.
ii. Service Provider agrees to have and maintain for the duration of the
contract, an Automobile Liability insurance policy ensuring him/her
and his /her staff to an amount not less than one million dollars
($1,000,000) combined single limit per accident for bodily injury
and property damage.
iii. Service Provider shall provide to the Town all certificates of
insurance, with original endorsements effecting coverage. Service
Provider agrees that all certificates and endorsements are to be
received and approved by the Town before work commences.
General Liability:
i. The Town, its officers, officials, employees and volunteers are to be
covered as insured as respects: liability arising out of activities
performed by or on behalf of the Service Provider; products and
completed operations of Service Provider, premises owned or used
by the Service Provider.
ii. The Service Provider's insurance coverage shall be primary
insurance as respects the Town, its officers, officials, employees
and volunteers. Any insurance or self - insurances maintained by the
Town, its officers, officials, employees or volunteers shall be excess
of the Service Provider's insurance and shall not contribute with it.
Town of Los Gatos Page 22 of 27
RFP for Contract Custodial Services
iii. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the Town, its officers, officials,
employees or volunteers.
iv. The Service Provider's insurance shall apply separately to each
insured against whom a claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to
state that coverage shall not be suspended, voided, cancelled, reduced in coverage
or in limits except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the Town. Current certification of such
insurance shall be kept on file at all times during the tern of this agreement with
the Town Clerk.
3.3 Workers' Compensation. In addition to these policies, Service Provider shall have
and maintain Workers' Compensation insurance as required by California law and
shall provide evidence of such policy to the Town before beginning services under
this Agreement. Further, Service Provider shall ensure that all subcontractors
employed by Service Provider provide the required Workers' Compensation
insurance for their respective employees.
3.4 Indemnification. The Service Provider shall save, keep, hold harmless and
indemnify and defend the Town its officers, agent, employees and volunteers from
all damages, liabilities, penalties, costs, or expenses in law or equity that may at
any time arise or be set up because of damages to property or personal injury
received by reason of, or in the course of performing work which may be
occasioned by a willful or negligent act or omissions of the Service Provider, or
any of the Service Provider's officers, employees, or agents or any subcontractor.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that party may
have hereunder, nor does waiver of a breach or default under this Agreement
constitute a continuing waiver of a subsequent breach of the same or any other
provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed
by and construed to the laws of the State of California. Venue for any action
regarding this Agreement shall be in the Superior Court of the County of Santa
Clara.
Town of Los Gatos Page 23 of 27
RFP for Contract Custodial Services
4.3 Termination of Agreement. The Town and the Service Provider shall have the
right to terminate this agreement with or without cause by giving not less than
fifteen days (15) written notice of termination. In the event of termination, the
Service Provider shall deliver to the Town all plans, files, documents, reports,
performed to date by the Service Provider. In the event of such termination, Town
shall pay Service Provider an amount that bears the same ratio to the maximum
contract price as the work delivered to the Town bears to completed services
contemplated under this Agreement, unless such termination is made for cause, in
which event, compensation, if any, shall be adjusted in light of the particular facts
and circumstances involved in such termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town and the
Service Provider.
4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees, including costs of appeal.
4.6 Notices. Any notice required to be given shall be deemed to be duly and properly
given if mailed postage prepaid, and addressed to:
or personally delivered to Service Provider to such address or such other address as
Service Provider designates in writing to Town.
4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity
between the terms and conditions of this Agreement in respect of the Products or
Services and any attachments to this Agreement, then the terms and conditions of
this Agreement shall prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete
and exclusive statement of the Agreement between the Town and Service Provider.
No terms, conditions, understandings or agreements purporting to modify or vary
this Agreement, unless hereafter made in writing and signed by the party to be
bound, shall be binding on either party.
IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.
Town of Los Gatos by:
Les White, Interim Town Manager
Town of Los Gatos Page 24 of 27
RFP for Contract Custodial Services
Service Provider, by:
Name /Title
Approved as to Form
Robert Schultz, Town Attorney
Town of Los Gatos Page 25 of 27
RFP for Contract Custodial Services
ATTACHMENT 4
COST PROPOSAL
BASIC SERVICES
1
PER HOUR
UNIT
TIMES
PER
ANNUAL
ITEM
LOCATION
DESCRIPTION
PRICE
p.m. weekdays with 24 hours or greater notice
8
Service during the evening hours of 7:00 p.m. to 7:00
Janitorial (except
a.m. or on weekends or holidays with 24 hours or
1
Civic Center
windows)
9
12
p.m. weekdays with less than 24 hours notice
Janitorial (except
Service during the evening hours of 7:00 p.m. to 7:00
2
Service Center
windows)
12
Police
Janitorial (except
3
Operations Bldg
windows)
12
Janitorial (except
4
Library
windows)
12
Civic Center
Windows
4
Service Center
Windows
4
Police
Operations Bldg
Windows
4
5
Library
Windows
4
6
Park Restrooms
Janitorial
12
TOTAL
ADDITIONAL JANITORIAL SERVICES AS NEEDED
TIME AND MATERIALS BASIS
BID
PER HOUR
ITEM
DESCRIPTION
7
Service during the daytime hours of 7:00 a.m. to 7:00
p.m. weekdays with 24 hours or greater notice
8
Service during the evening hours of 7:00 p.m. to 7:00
a.m. or on weekends or holidays with 24 hours or
greater notice
9
Service during the daytime hours of 7:00 a.m. to 7:00
p.m. weekdays with less than 24 hours notice
Service during the evening hours of 7:00 p.m. to 7:00
10
a.m. or on weekends or holidays with less than 24 hours
notice
Note: 2 hour minimum will be paid for any service requiring less than 2 hours work.
Town of Los Gatos Page 26 of 27
RFP for Contract Custodial Services
MISCELLANEOUS BUILDING MAINTENANCE SERVICES
TIME AND MATERIALS BASIS
BID
ITEM
11
DESCRIPTION
Painter
PER HOUR
/
12
Lighting Technician
13
HVAC Technician
14
Plumber
15
Electrician
16
Carpenter
17
Laborer
18
Day Porter
Note: 2 hour minimum will be paid for any service requiring less than 2 hours work.
Town of Los Gatos Page 27 of 27
RFP for Contract Custodial Services
d
}
1' ti ti e1 O 4 C N
W i-I
E
C
odi
o
V
u
u>
u
°y
v
io,
Q
L�
o
0
0
o
0
a
0
0
0
0
0
i
@
E
N
W
3
C
m
a
�
v
o
a
o
>
_
E
N
m
a
d
v
d
a
N
C
N
v
V
N
N
u
tl
y
d
tl
o.
s.O
_
@
S
W
@
`o
'a
a
G
VO
r
C
`O
c
C
4
L
.0
m
c
Q
>>
E
Yl
is
2
O
U
N
O
O
6
V
O
G
S
O
O
O
S
O
S
S
S
O
6
oo
O
O
Q
QQ
p
d
,A
r1
3
@
S�
O
Q
+A
'V1
1R
Vt
y
Vi
V1
N
N
a/1
tl_
p
O
O
O
S
O
S
S
O
O
S
S
S
n
p
S
O
O
h
mi
O
0
O
O
O
O
m
M
ONl
Jnf
N
t(l
N
h
O
O
tO
�
O
O�
tP
t0
Ol
Of
Ol
M
t0
l0
n
O
�
V
Vpi
N
+/�
N
N
N
N
W
N
Vf
'A
Q
i
N
W
N
uT
W
W
N
Vn
i/)
11�
K
O
O
S
pN
CJ
O
O
S
O
O
p
pp
14..
S
M
d
p
N
a
M
cO
N
l0
eOe{{
P
O
In
'K
m
u
m
'•O
co
p5
t0
p
n
N
M
m
'i�e�
C
N
C
iyltl•
cd
>
isA:
QW
N
VY.
N
N
5/l
afl
N
U1
HY.
m
O
O
O
O
O
S
O
S
01
1
p
S
'b
vppi.
l0
O
O
O
O
O
Cy
Oi
V
o
a'
(i
Cq
OJ
M
o7
x
6i
m
h
ec{0
W
O
M
O
M1N'1
N
tl
n.
1p
N
f'Y
m
m
:r16�
01
Ol
A
m
O1
O5
N
M
tl
d
4
N
M
�
O
V
✓>i
�
W
Vl
N
VI
'tlY
Vl
VV
N
aA
'IA
N
ah
Vl
N
'tA
N
iM1
1R
vh
N
,VA
4h
V?
d
}
1' ti ti e1 O 4 C N
W i-I
ATTACHMENT 2
E
odi
u
u
u>
u
8$
v
io,
Q
L�
o
0
0
o
0
a
0
0
0
0
0
@
E
N
m
a
j
v
o
a
o
>
E
m
a
d
v
d
a
N
N
v
V
N
N
u
tl
y
u
tl
o.
s.O
_
@
S
W
@
`o
'a
a
G
VO
r
C
`O
c
C
4
L
.0
m
c
Q
>>
E
Yl
is
2
O
ATTACHMENT 2