HomeMy WebLinkAboutAgreement - Frank and Grossman Landscape Contractors Inc - Janitorial Services for City Owned Facilities - Signed 2023-01-17City of Gilroy
Agreement/Contract Tracking
Today’s Date:
January 11, 2023 Your Name: Walter Dunckel
Contract
Type:
Services over $5k - Contractor -
NO ENG OR DESIGN
Phone Number: 408-846-0282
Contract Effective Date:
(Date contract goes into effect)
11/1/2022
Contract Expiration Date: 10/31/2025
Contractor / Consultant Name:
(if an individual’s name, format as
last name, first name)
Frank and Grossman Landscape Contractors Inc
Contract Subject:
(no more than 100 characters)
Janitorial Services for City owned Facilities
Contract Amount:
(Total Amount of contract. If no
amount, leave blank)
976866
By submitting this form, I confirm
this information is complete:
Date of Contract
Contractor/Consultant name and complete address
Terms of the agreement (start date, completion date or “until
project completion”, cap of compensation to be paid)
Scope of Services, Terms of Payment, Milestone Schedule and
exhibit(s) attached
Taxpayer ID or Social Security # and Contractors License # if
applicable
Contractor/Consultant signer’s name and title
City Administrator or Department Head Name, City Clerk
(Attest), City Attorney (Approved as to Form)
Routing Steps for Electronic Signature
Risk Manager
City Attorney Approval As to Form
City Administrator or Department Head
City Clerk Attestation
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AGREEMENT FOR SERVICES
(For contracts over $5,000 – NON-DESIGN, NON-ENGINEERING TYPE CONTRACTOR)
This AGREEMENT made this 1st day of November, 2022, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONTRACTOR: Frank and Grossman Landscape Contractors Inc., having a principal place
of business at 1400 Egbert Avenue, San Francisco, CA 94124.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on November 1st, 2022 and will continue in effect through
October 31st, 2025 with an extension of two years at the CITY's sole option to be exercised by
written notice to be given by CITY not less than thirty (30) days nor more than sixty (60) days
prior to October 31th, 2025, unless terminated in accordance with the provisions of Article 7 of
this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein. ______
Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONTRACTOR is an independent contractor and not
an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties
acknowledge that CONTRACTOR is not an employee for state or federal tax purposes.
CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY’S
employees, including, without limitation, disability or unemployment insurance, workers’
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONTRACTOR shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR
A. Specific Services
CONTRACTOR agrees to: Perform the services as outlined in Exhibit “A” (“Specific
Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit
“C” (“Milestone Schedule”).
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B. Method of Performing Services
CONTRACTOR shall determine the method, details and means of performing the above-described
services. CITY shall have no right to, and shall not, control the manner or determine the method
of accomplishing CONTRACTOR’S services.
C. Employment of Assistants
CONTRACTOR may, at the CONTRACTOR’S own expense, employ such assistants as
CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONTRACTOR’S assistants in the
performance of those services. CONTRACTOR assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONTRACTOR shall perform the services required by this Agreement at any place or location
and at such times as CONTRACTOR shall determine is necessary to properly and timely perform
CONTRACTOR’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay
CONTRACTOR the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event
however shall the total compensation paid to CONTRACTOR exceed $316,046 for year one,
$325,527 for year two, and $335,293 for year three for its services of this Agreement.
B. Invoices
CONTRACTOR shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment
will be made unless CONTRACTOR has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in Exhibit “A”,
Section IV) incurred during the preceding period. If CITY objects to all or any portion of any
invoice, CITY shall notify CONTRACTOR of the objection within thirty (30) days from receipt
of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It
shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts
to which it has objected until the objection has been resolved by mutual agreement of the parties.
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D. Expenses
CONTRACTOR shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against
CONTRACTOR and all other of CONTRACTOR’S costs of doing business. CITY shall not be
responsible for any expenses incurred by CONTRACTOR in performing services for CITY, except
for those expenses constituting “direct expenses” referenced on Exhibit “A.”
ARTICLE 5. OBLIGATIONS OF CONTRACTOR
A. Tools and Instrumentalities
CONTRACTOR shall supply all tools and instrumentalities required to perform the services under
this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent
any tools, equipment or services from CITY.
B. Workers’ Compensation
CONTRACTOR agrees to provide workers’ compensation insurance for CONTRACTOR’S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or
death of any of CONTRACTOR’S employees.
C. Indemnification of Liability, Duty to Defend
As to all liability, to the fullest extent permitted by law, CONTRACTOR shall defend, through
counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and
hold harmless CITY, its officers, representatives, agents and employees against any and all suits,
damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including
without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or
omission of CONTRACTOR or CONTRACTOR’S assistants, employees or agents, including all
claims relating to the injury or death of any person or damage to any property.
D. Insurance
In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due
to bodily injury, sickness or disease, or death to any person, and damage to property, including the
loss of use thereof. As a condition precedent to CITY’S obligations under this Agreement,
CONTRACTOR shall furnish written evidence of such coverage (naming CITY, its officers and
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employees as additional insureds on the Comprehensive Liability insurance policy referred to in
(a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of
policy lapse or cancellation, or of a material change in policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by
CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole
and absolute discretion.
F. State and Federal Taxes
As CONTRACTOR is not CITY’S employee, CONTRACTOR shall be responsible for paying all
required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges
and agrees that:
x CITY will not withhold FICA (Social Security) from CONTRACTOR’S
payments;
x CITY will not make state or federal unemployment insurance contributions on
CONTRACTOR’S behalf;
x CITY will not withhold state or federal income tax from payment to
CONTRACTOR;
x CITY will not make disability insurance contributions on behalf of
CONTRACTOR;
x CITY will not obtain workers’ compensation insurance on behalf of
CONTRACTOR.
ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONTRACTOR’S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONTRACTOR. Such assignment shall not release
CONTRACTOR from any of CONTRACTOR’S duties or obligations under this Agreement.
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ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of CONTRACTOR’s Business/ Death of CONTRACTOR.
CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR’s business no later
than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination
pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after
CITY’ receipt of such notice of sale.
If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated
upon death of CONTRACTOR.
B. Termination by City for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this Agreement or materially breach any of
its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written
notification to CONTRACTOR. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONTRACTOR’S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
2. CONTRACTOR’S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONTRACTOR shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C” which have been fully, competently and timely rendered by
CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONTRACTOR’S default in the performance of this Agreement or material breach by
CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY
may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any and
all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of
work as described in this Agreement, to the extent such costs and expenses exceed the amounts
CITY would have been obligated to pay CONTRACTOR for the performance of that task pursuant
to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONTRACTOR all or any part of the compensation set forth in Article
4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default
under this Agreement, CONTRACTOR, at the CONTRACTOR’S option, may terminate this
Agreement if such default is not remedied by CITY within thirty (30) days after demand for such
payment is given by CONTRACTOR to CITY.
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D. Transition after Termination
Upon termination, CONTRACTOR shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONTRACTOR shall
cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in
connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to facilitate
any the assumption of CONTRACTOR’s duties by any new CONTRACTOR hired by the CITY
to complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONTRACTOR shall comply fully with all applicable
provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it
may be amended from time to time. CONTRACTOR shall also require such compliance of all
subcontractors performing work under this Agreement, subject to the prohibition against
assignment and subcontracting contained in Article 5 above. The CONTRACTOR shall defend
with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its
officers, employees, agents and representatives from and against all suits, claims, demands,
damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation
reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONTRACTOR,
its subcontractors, or the officers, employees, agents or representatives of either.
C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or
interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
attorneys’ fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement
are for convenience only and shall not be considered nor referred to for resolving questions of
interpretation.
E. Compliance with Laws
The CONTRACTOR shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed in
the work, or the materials used in the work, or which in any way affect the conduct of the work,
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and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over
the same. Without limiting the foregoing, CONTRACTOR agrees to observe the provisions of the
Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a
contract or subcontract to the CITY OF GILROY for public works or for goods or services to
refrain from discriminatory employment or subcontracting practices on the basis of the race, color,
sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any
potential subcontractor.
F. Conflict of Interest
CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONTRACTOR and that no person associated with CONTRACTOR has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of this
Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONTRACTOR for CITY and contains
all the covenants and agreements between the parties with respect to the rendering of such services
in any manner whatsoever. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no other agreement,
statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.
Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section
V.H. but each party may change the address by written notice in accordance with this paragraph.
Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be
deemed delivered as of three (3) days after mailing.
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J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance
under this Agreement shall not be construed as waiver(s) of any other condition of performance
under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONTRACTOR: CITY:
Frank and Grossman Landscape
Contractors Inc.
CITY OF GILROY
By: By:
Name: _____________________________ Name: Jimmy Forbis
Title: _____________________________ Title: City Administrator
Social Security or Taxpayer
Identification Number 94-2926128
Approved as to Form ATTEST:
City Attorney City Clerk
Rick Oropeza
Vice President
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EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONTRACTOR shall provide the services indicated on the attached Exhibit “B”, Scope of
Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONTRACTOR agrees to assign _______________, who will act in the
capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the Services
in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written
“Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement, Walter
Dunckel shall be the designated City contact person(s). Notice to Proceed shall be deemed to have
been delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the
Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONTRACTOR has completed all of the Services in accordance with
the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance,
and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR may request
this determination of completion when, in its opinion, it has completed all of the Services as
required by the terms of this Agreement and, if so requested, CITY shall make this determination
within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not
completed all of such Services as required by this Agreement, CITY shall so inform
CONTRACTOR within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit “C”.
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement.
Miguel Ortiz
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Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay
only for those direct expenses which have been previously approved in writing by CITY.
CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONTRACTOR represents and warrants that it has the qualifications, skills and licenses necessary
to perform the Services, and its duties and obligations, expressed and implied, contained herein,
and CITY expressly relies upon CONTRACTOR’S representations and warranties regarding its
skills, qualifications and licenses. CONTRACTOR shall perform such Services and duties in
conformance to and consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well-organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONTRACTOR shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY’S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONTRACTOR’S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
CITY, through its authorized employees, representatives or agents, shall have the right, at any and
all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any
and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONTRACTOR), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all charges
submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at the
CITY’s offices within five (5) business days after CITY’s request.
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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONTRACTOR and all other written and oral
information developed or received by or for CONTRACTOR and all other written and oral
information submitted to CONTRACTOR in connection with the performance of this Agreement
shall be held confidential by CONTRACTOR and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an
entity not connected with the performance of the such Services. Nothing furnished to
CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally known
to the related industry (other than that which becomes generally known as the result of
CONTRACTOR’S disclosure thereof) shall be deemed confidential. CONTRACTOR shall not
use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this
Agreement in any magazine, trade paper, newspaper or other medium without the express written
consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit of
CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONTRACTOR may retain
and use copies thereof subject to Section V.D of this Exhibit “A”.
CITY shall not be limited in any way in its use of said material at any time for any work, whether
or not associated with the City project for which the Services are performed. However,
CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from,
damages resulting from the use of said material for work other than PROJECT, including, but not
limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
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H. NOTICES.
Notices are to be sent as follows:
CITY: Attention Walter Dunckel
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONTRACTOR: _______________________________________
Frank and Grossman Landscape Contractors Inc.
1400 Egbert Avenue
San Francisco, CA 94124
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost
for individual items.
3. Covenant against Contingent Fees
The CONTRACTOR warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the CONTRACTOR, to solicit or secure this
Agreement, and that he/she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement
without liability or, at its discretion, to deduct from the agreement price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
3428 Arden Rd
Hayward, CA 94545
Attention: Rick Oropeza
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EXHIBIT “B”
SCOPE OF SERVICES
TECHNICAL SPECIFICATIONS
BASIC MAINTENANCE STANDARD
The Clean, Safe, and Useable condition is the final standard upon which all levels of
maintenance shall be based.
• This Maintenance Standard will ensure the City that all areas will receive the level of
maintenance necessary for clean, safe and useable public buildings.
• Definitions:
a. Clean: The absence of foreign material. Dust or hand prints on desks, counters,
glass, walls, fixtures; dirt, paper or water on floors; stains on plumbing fixtures;
trash in waste baskets; dirt on carpets are examples of foreign material and must
be removed to meet standards of cleanliness.
b. Safe: A clean area or facility is the first step necessary to provide a safe area. In
addition to removal of foreign material or objects that may be a hazard, all areas
and locations must be free of conditions such as faulty electrical switches, broken
furniture, and/or damaged floor coverings and surfaces. Plumbing fixtures and
restroom surfaces must be sanitized. Until, such conditions are corrected or
reported to the City for correction, an area is not considered safe.
c. Useable: An area or facility must first be clean and safe before it is useable. An
area is not useable unless such items as hand soap, toilet paper and towel
dispensers are filled, burned out light bulbs are replaced, plumbing fixtures, doors
and windows properly function. Until, such conditions are corrected or reported
to the City for correction, an area is not considered useable.
Estimated Number of Persons Using Facilities
The numbers shown are an estimate only. Exact quantities cannot be predetermined.
• CITY HALL: 95 employees plus public use
• POLICE DEPARTMENT: 110 employees plus public use
• WHEELER: 4 employees plus significant public use
• CORPORATION YARD: 50 employees plus minimal public use
• CESAR CHAVES GYM Significant school and public use
• A.S. GYM Significant school and public use
• SAN YSIDRO PARK: 3 employees plus public use
• LAS ANIMAS PARK : 2 employees plus public use
• CHERRY BLOSSOM APTS 7 tenant leases
DocuSign Envelope ID: 23394368-CBDF-49A8-812D-E9E23E4B860DDocuSign Envelope ID: 3C91EEB3-F9AD-489F-BD09-D961A3EC273F
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CITY BUILDINGS COVERED BY THIS AGREEMENT
A. GILROY CITY HALL 7351 Rosanna Street
Service to be provided five days per week, Monday – Friday, excluding holidays,
between 6:00 PM and 7:00 AM the following morning. Some evening meetings may
require adjustments in schedule. The approximate area to be serviced is 23,000
square feet. The four (4) restrooms also need to be cleaned twice during the day (in
addition to the after-hours cleaning). The restrooms are to be cleaned at 10:30am and
3pm.
B. GILROY POLICE DEPARTMENT 7301 Hanna Street
Service to be provided four (4) days per week, Monday, Tuesday, Wednesday,
Friday, including holidays. Jail, restrooms, and locker rooms to be serviced seven (7)
days per week, including holidays. Service to be provided between 7:00 AM and 5:00
PM. The jail must be cleaned by 9 AM. The building is occupied 24 hours per day
so cleaning must be done so as to disrupt Police Department staff as little as possible.
This may mean delaying cleaning in some areas until later that day. The approximate
square footage to be serviced is as follows:
• 36,766 square feet of occupied building space.
• 3,325 square feet of Custody (jail) space.
• 6,669 square feet to be cleaned by City; Quarterly Maintenance Service to be
provided by Contractor. This includes the Administration and
Community/Training Room areas.
• 49,557 square feet of parking garage.
• 10,000 square feet of outside deck area and front entry.
C. WHEELER COMMUNITY CENTER 250 W. Sixth Street
Service to be provided three (3) days per week, Monday, Wednesday, and Friday,
excluding holidays, between 9:00 PM and 8:00 AM the following morning.
Sufficient paper products shall be provided to service rest rooms seven days per
week. The approximate area to be serviced is 16,864 square feet.
D. GILROY CORPORATION YARD 613 Old Gilroy Street
Service to be provided three (5) times per week, on Monday, Tuesday, Wednesday,
Thursday and Friday, excluding holidays, between 5:00 PM and 7:00 AM the
following morning. Areas to be serviced are the Administration Building, Fleet
Building office and rest room, and rest room in shop area. The approximate area to
be serviced is 8,405 square feet.
E. ASCENSION SOLORSANO GYMNASIUM 7121 Grenache Way
Service to be provided six (6) days per week, Sunday through Friday, excluding
holidays, between 10:00 PM and 7:00 AM the following morning. The approximate
area to be serviced is 14,316 square feet.
DocuSign Envelope ID: 23394368-CBDF-49A8-812D-E9E23E4B860DDocuSign Envelope ID: 3C91EEB3-F9AD-489F-BD09-D961A3EC273F
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F. SAN YSIDRO PARK RECREATION BUILDING 7700 Murray Avenue
Service to be provided five (5) days per week, Monday – Friday, excluding holidays,
between 5:00 PM and 8:00 AM the following morning. The area to be serviced is the
main recreation room, including kitchen, and inside rest room (the two exterior rest
rooms are not included). The approximate area to be serviced is 1,426 square feet.
G. LAS ANIMAS VETERANS PARK 400 Mantelli Drive
RECREATION BUILDING
Service to be provided five (5) days per week, Monday – Friday, excluding holidays,
between 5:00 PM and 8:00 AM the following morning. The area to be serviced is the
main recreation room, including kitchen and inside rest room. The approximate area
to be serviced is 1,792 square feet.
H. SENIOR CENTER 7371 Hanna Street
RECREATION BUILDING
Service to be provided five days per week, Monday – Friday, excluding holidays
between 5:00 PM and 8:00 AM the following morning. The area to be serviced is the
restrooms, main dining hall, offices, shop, and meeting room, and kitchen. The
approximate area to be serviced is approximately 10,500 square feet.
I. CESAR CHAVES GYMNASIUM 277 Ioof Avenue
Service to be provided one (1) day per week, on Sunday’s, excluding holidays,
between 10:00 PM and 7:00 AM the following morning. The approximate area to be
serviced is 14,316 square feet.
J. CHERRY BLOSSOM APARTMENT BUILDING 7257 Monterey Rd
Service to be provided one (1) day per week between 7am and 8pm. The area to be
serviced are the main hallways and stairwell, and cleaning the back parking lot of
leaves and trash.
DocuSign Envelope ID: 23394368-CBDF-49A8-812D-E9E23E4B860DDocuSign Envelope ID: 3C91EEB3-F9AD-489F-BD09-D961A3EC273F
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EXHIBIT “C”
MILESTONE SCHEDULE
SCHEDULE OF MAINTENANCE SERVICE
DAILY MAINTENANCE SERVICE
1. Empty and clean all waste paper baskets and waste containers. Replace trash liners each
day, if garbage is present. Remove trash nightly from building and place in outside trash
dumpster. All boxes to broken down and placed in dumpster.
2. Vacuum all hallways, high use areas and common clerical areas. Spot clean and vacuum
all carpeting as needed (i.e. all visible dirt, debris and spots).
3. Sweep/dust mop and damp mop all non-carpeted floors (including wood gymnasium
floor) and stairways. Use non-oiled treated dust mops. Remove scuffmarks. Place caution
signs on wet floors.
4. Clean all indoor entrance mats, exterior entrance mats and exterior entryways.
5. Clean all counter tops and table tops.
6. Spot clean entry door and window glass and office window glass.
7. Spot clean exterior of refrigerator, stoves, ovens, tables, chairs and vending machines in
staff rooms.
8. Thoroughly clean all sinks and microwaves.
9. Brush upholstered furniture for lint or debris.
10. Clean and sanitize all drinking fountains.
11. Clean all restroom/locker room fixtures, dividers, mirrors, dispensers, and lockers.
12. Wipe down and sanitize wall areas around lavatories, toilets, toilet seats and plumbing
fixtures. Clean and sanitize shower stalls and changing rooms.
13. Damp wipe and sanitize all waste receptacles in restrooms.
14. Clean and sanitize urinals and toilets and keep free from scale and odor.
15. Fill soap, paper towel, toilet tissue, and toilet seat cover dispensers.
16. Wet mop restroom floors with approved disinfectant. Pour one gallon of water with
disinfectant added down all floor drains. Place caution signs on wet floors. Mops used in
rest rooms shall not be used in other areas.
DocuSign Envelope ID: 23394368-CBDF-49A8-812D-E9E23E4B860DDocuSign Envelope ID: 3C91EEB3-F9AD-489F-BD09-D961A3EC273F
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17. Routinely inspect for burned out light tubes and bulbs and report to Project Manager.
18. Inspect all areas. Promptly report all hazards or needed repairs as instructed to City
Custodial Supervisor.
19. Turn off all lights when room not in use.
20. Check and lock all outside doors and windows. Lock interior doors as designated by
Project Manager.
21. Exchange wheeled mixed recycling containers from inside building with empty wheeled
recycling containers located in outdoor trash enclosure. Wipe down exterior of recycling
containers before bringing inside building.
22. Remove graffiti from walls, doors, partitions, etc.
23. Police Department Jail: Wipe down bunks and walls in jail cells, and benches and counters
in Booking Room with approved disinfectant/cleaner. Mop floor with disinfectant solution.
Mop used in jail shall not be used elsewhere. Clean jail windows. Jail Cells that have not
been used do not need to be cleaned daily.
24. Police Department Parking Garage: Pick up litter, empty trash receptacles, apply absorbent
to spills or leaks and clean up afterwards.
25. Police Department Outside Decks, front entry, and stairways: Empty trash receptacles
(including two at bottom of entry stairs); Sweep as necessary; Clean furniture as necessary.
26. Ascencion Solorsano Gym, Cesar Chavez Gym and Wheeler Gym: Sweep and clean
bleachers when they are rolled out.
WEEKLY MAINTENANCE SERVICE
1. Thoroughly vacuum all carpeted areas.
2. Dust and polish all furniture, files, counters, shelves, windowsills, and fixtures as required.
3. Clean smudge marks, fingerprints and stains from walls, doors, door frames, woodwork,
counter, tables, stair rails, switch plates, and display cabinets.
4. Clean and polish all bright metal in public areas.
5. Clean all carpet saver plastic mats as needed.
5. Dust all door sashes, tops of partitions, ledges, lockers or any place where dust or dirt will
accumulate.
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6. Replace urinal deodorizer blocks as necessary.
7. Wood gymnasium floors to be cleaned using wet mop or auto-scrubber and approved gym
floor cleaning treatment.
8. Keep exterior trash enclosures clean.
MONTHLY MAINTENANCE SERVICE
1. Clean and remove scuff and smudge marks from all gates, doors, frames and baseboard
tops. Dust all baseboards, furniture legs, partition trim, panel work, wall or ceiling vents
and registers.
2. Vacuum upholstered furniture and damp clean all vinyl furniture. Clean chair arms (Pay
particular attention to fixed seating in City Council Chambers in City Hall).
3. Clean all pictures, plaques, displays and emblems.
4. Clean and polish office desktops, office counters, and other furniture surfaces.
5. Dust and sweep mechanical rooms.
SEMI-ANNUAL MAINTENANCE SERVICE
1. Completely wash both sides of all glass windows including exterior windows. Clean
window screens.
2. All window frames to be cleaned at time of window washing. Cleaning interior side of
skylights.
3. Dust/vacuum blinds and drapes.
4. Clean all carpets. Method to be approved by Project Manager. One cleaning per year shall
be deep extraction.
5. Machine scrub, rinse and wax all linoleum, tile and terrazzo floors. Products used shall
comply with ADA requirements for slip resistance. One cleaning per year shall be
complete stripping/removal of finish and resealing and refinishing.
6. Wash and disinfect all waste receptacles (inside and outside) every six months.
7. Perform all high dusting using treated cloths. High dusting shall include removing cobwebs
from ceilings & walls, cleaning ventilation system grilles, dusting the tops of all ledges, dusting
the exterior of light fixtures.
8. Police Department Garage: Sweep entire garage and approaches using brooms or power
sweeper. Take measures to minimize dust.
DocuSign Envelope ID: 23394368-CBDF-49A8-812D-E9E23E4B860DDocuSign Envelope ID: 3C91EEB3-F9AD-489F-BD09-D961A3EC273F
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EXHIBIT “D”
PAYMENT SCHEDULE
Monthly payment will be mailed within thirty (30) days of the last day of the service month. For
example the payment for the service for the month of May will be made by the end of June. Cost
for service for year one is $298,156.95, year two is $307,101.66, year three is $316,314.71, year
four is $325,804.15, year 5 is $335,578.23.
DocuSign Envelope ID: 23394368-CBDF-49A8-812D-E9E23E4B860DDocuSign Envelope ID: 3C91EEB3-F9AD-489F-BD09-D961A3EC273F
DocuSign Envelope ID: 23394368-CBDF-49A8-812D-E9E23E4B860DDocuSign Envelope ID: 3C91EEB3-F9AD-489F-BD09-D961A3EC273F
DocuSign Envelope ID: 23394368-CBDF-49A8-812D-E9E23E4B860DDocuSign Envelope ID: 3C91EEB3-F9AD-489F-BD09-D961A3EC273F