Loading...
HomeMy WebLinkAboutItem 13 - Agreement with Valley Maintenance Corporation for Janitorial ServicesPublic Works Agency www.santa-ana.org/public-works Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 17, 2024 TOPIC: Janitorial Services at Various City Locations AGENDA TITLE Agreement with Valley Maintenance Corporation for Janitorial Services at Various City Locations (RFP No. 24-076) (General Fund and Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Valley Maintenance Corporation for Janitorial Services at various locations in an amount not to exceed $6,503,284, for the term beginning November 1, 2024 and expiring October 31, 2027, with provisions for one, two-year extension (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency's Parks, Fleet, and Facilities Services Division is responsible for the oversight of building maintenance, custodial maintenance, and security of City facilities. Routine janitorial services for the locations listed below are primarily provided by janitorial contractors: • City Hall • Council Chamber • Santa Ana Regional Transportation Center (SARTC) • Corporate Yard • Santa Ana Stadium • Santa Ana Main Library • Newhope Library • Police Athletic and Activity League (PAAL) — McFadden Avenue • Santa Ana Stadium • Centennial Park Office • 15 Recreational Centers (e.g. Salgado Community Center) Services provided through the janitorial service contract include, but are not limited to: general cleaning, dusting of surfaces, emptying of trash, cleaning of toilets, urinals, showers, glass doors, mirrors, drinking fountains, fitness equipment, door mats, vacuuming/mopping of floors, etc. Janitorial Services at Various City Locations September 17, 2024 Page 2 The Request for Proposals (RFP) No. 24-076 was issued on June 4, 2024 on the City's online bid management publication system, PlanetBids. A summary of vendor participation is as follows: 219 Vendors notified 31 Santa Ana vendors notified 61 Vendors downloaded the bid packet 14 Bids received 1 Bid received from Santa Ana vendors Proposals were solicited, opened on July 2, 2024, and evaluated. Fourteen (14) proposals were submitted by the RFP deadline and 11 were determined to be responsible, responsive to the specifications, and met the City's requirements. The proposals submitted Coastal Building Services, Inc., So Cal Cleaner, and UBM Enterprises, Inc. were deemed non -responsive due to submitting a proposal without required documents specified in the RFP. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. The results of the evaluation are as follows: Firm Location Rank Valley Maintenance Corporation Santa Fe Springs, CA 1 ABM Industries, Inc. Tustin, CA 2 Universal Building Maintenance, LLC Santa Ana, CA 3 Jonco West Corona, CA 4 Guaranteed Janitorial Service, Inc. Chino, CA 5 CCS Facility San Diego, CA 6 Pride Industries One Roseville, CA 7 Uniserve Facilities Services Commerce, CA 8 JJ Property Maintenance Network, Inc. Pasadena, CA 9 Premier Property Preservation West Hill, CA 10 Mission Building Services Riverside, CA 11 Staff recommends awarding an agreement to the highest ranked firm, Valley Maintenance Corporation (Exhibit 1), that has the expert skills, knowledge, and experience to accomplish the City's objective to provide clean facilities for both the public and City staff. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds are budgeted and available in FY 2024-25 for this expenditure. Funds will be budgeted in future fiscal years for City Council consideration. Janitorial Services at Various City Locations September 17, 2024 Page 3 Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account # Description Account Description 07317101- Building Custodial, Janitorial & $388,432 62310 Maintenance Housekeeping Santa Ana PWA — SARTC 06717650- Regional Operations, Janitorial & $216,920 2024-25 62310 Transportation Housekeeping Center 01111110- Library — Administration, 62300 General Fund Contract Services - $17,644 Professional 07317101- Building Custodial, Janitorial & $624,136 62310 Maintenance Housekeeping Santa Ana PWA — SARTC 06717650- Regional Operations, Janitorial & $331,892 62310 Transportation Housekeeping Center 2025-26 01111110- Library — Administration, 62300 General Fund Contract Services - $52,232 Professional Park Maintenance 01117651- General Fund Service Enhancement, $205,401 62310 Janitorial & Housekeeping 07317101- Building Custodial, Janitorial & $709,139 62310 Maintenance Housekeeping Santa Ana PWA — SARTC 06717650- Regional Operations, Janitorial & $342,734 62310 Transportation Housekeeping Center 2026-27 01111110- Library — Administration, 62300 General Fund Contract Services - $89,034 Professional Park Maintenance 01117651- General Fund Service Enhancement, $211,623 62310 Janitorial & Housekeeping 07317101- Building Custodial, Janitorial & $238,696 2027-28 62310 Maintenance Housekeeping Santa Ana (July- 06717650- Regional PWA — SARTC October) 62310 Transportation Operations, Janitorial & $115,509 Center Housekeeping Janitorial Services at Various City Locations September 17, 2024 Page 4 Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account # Description Account Description 01111110- Library — Administration, 62300 General Fund Contract Services - $29,968 Professional Park Maintenance 01117651- General Fund Service Enhancement, $71,240 62310 Janitorial & Housekeeping Optional One 2-Year Extension: 07317101- Building Custodial, Janitorial & $491,753 62310 Maintenance Housekeeping Santa Ana PWA — SARTC 06717650- Regional Operations, Janitorial & $237,952 62310 Transportation Housekeeping 2027-28 Center (November- 01111110- Library — Administration, June) 62300 General Fund Contract Services - $61,732 Professional Park Maintenance 01117651- General Fund Service Enhancement, $146,696 62310 Janitorial & Housekeeping 07317101- Building Custodial, Janitorial & $752,378 62310 Maintenance Housekeeping Santa Ana PWA — SARTC 06717650- Regional Operations, Janitorial & $364,065 62310 Transportation Housekeeping Center 2028-29 01111110- Library — Administration, 62300 General Fund Contract Services - $94,446 Professional Park Maintenance 01117651- General Fund Service Enhancement, $225,834 62310 Janitorial & Housekeeping 07317101- Building Custodial, Janitorial & $253,251 62310 Maintenance Housekeeping 2029-30 (July- Santa Ana PWA — SARTC October) 06717650- Regional Operations, Janitorial & $122,544 62310 Transportation Housekeeping Center Janitorial Services at Various City Locations September 17, 2024 Page 5 Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account # Description Account Description 01111110- Library — Administration, 62300 General Fund Contract Services - $31,790 Professional Park Maintenance 01117651- General Fund Service Enhancement, $76,243 62310 Janitorial & Housekeeping TOTAL $6,503,284 EXHIBIT(S) 1. Agreement with Valley Maintenance Corporation Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Alvaro Nunez, City Manager Exhibit 1 AGREEMENT WITH VALLEY MAINTENANCE CORPORATION FOR JANITORIAL SERVICES AT VARIOUS CITY LOCATIONS THIS AGREEMENT is made and entered into on this 1 st day of November, 2024 by and between Valley Maintenance Corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 4, 2024, the City issued Request for Proposal ("RFP") No. 24-076, by which it sought qualified firms to provide janitorial services at various City locations. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 24-076. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform the services described in the scope of work that was included in RFP No. 24-076, which is attached as Exhibit A. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B, Contractor's Cost Proposal submitted with its RFP response. The total amount to be expended during the term of Agreement shall not exceed $6,315,254, including any extensions. The total amount is allocated as: (1) a base rate of $5,741,140; and (2) a contingency in the amount of $574,114 for additional and as -needed services, to be exercised at City's sole discretion. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three-year term and terminate on October 31, 2027, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for one, two-year extension upon a writing executed by the City Manager and City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement, not to include Contractor's work papers ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1) with a limit no less than $1,000,000 combined single limits. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions i . Additional Insured Status: The City, its City Council, its officers, officials, employees, and volunteers are to be covered as additional insureds on the Contractor's CGL, Professional Liability, and Automobile Liability policies, with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. 2. Waiver of Subrogation: Insurance company (or companies) agree to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 4. Severability of Interest: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Nadia Orozco, 20 Civic Center Plaza, M-11, Santa Ana, 92701. The name and location of project must be included in the Description of Operations section of each certificate. 7. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. 8. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 9. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 10. Claims Made Policies: If any of the required policies provide coverage on a claims - made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, Company must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. 11. Subcontractors: Contractor shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub -contractors. 12. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its City Council, officers, officials, agents, employees, contractors, special counsel, volunteers, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any covered action. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. 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 is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. C. Contractor must comply with all applicable laws including, but not limited to, the Displaced Janitor Opportunity Act, California Labor Code, Section 1060-1065 and the Property Service Workers Protection Act, California Labor Code, Section 1420-1434 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 To Contractor: Valley Maintenance Corporation Attention: Bruce Hwang, Vice President 11759 Telegraph Road Santa Fe Springs, CA 90670 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. [Signatures on following page] IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: - Kyle I lesen Assistant City Attorney RECOMMENDED FOR APPROVAL: N a b i l Saba Date: 2l02 08.226 11 29 1I18aba -0'00' Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez City Manager VALLEY MAINTENANCE CORPORATION: Vice President