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HomeMy WebLinkAboutVALLEY MAINTENANCE CORPORATION (8)INSURANCE ON FILE WORK MAY PROCEFO UNTIL IIN-OLI;Wr CE EXPIRES Z 57 CITY r R'r; ----� A-2024-142 DA C f 0 2 A&EEMENT WITH VALLEY MAINTENANCE CORPORATION FOR JANITORIAL SERVICES AT VARIOUS CITY LOCATIONS 0. ?wP,(z) tAi ke 0+r+1yCyfAIS AGREEMENT is made and entered into on this 1st 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: 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 $6,503,284 including any extensions. The total amount is allocated as: (1) a base rate of $5,912,076; and (2) a contingency in the amount of $591,208 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 two, one-year extensions 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 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 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. 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. 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. 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: _i •f (:� iof nnifer th Cou cil APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Kyle Ncllesen Assistant City Attorney RECOMMENDED FOR APPROVAL: Digitally signed by Nabil Saba N a b i l Saba Date: 2024,08.261 Q9011 -07'001 Nabil Saba Executive Director Public Works Agency CITY OF S TA AN Alvaro Nunez w City Manager VALLEY MAINTENANCE CORPORATION- ruce- Hwang Vice President REQUEST FOR PROPOSALS NO. 24-076 FOR JANITORIAL SERVICES AT VARIOUS CITY LOCATIONS 1 e ourwr oouHrr rr or corrr.rerrr M. rrounoeo CITY OF SANTA ANA KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers. Issue Date: Tuesday, June 04, 2024 Pre-Proposal Meeting: Tuesday, June 11 , 2024, 9.00 A.M. Deadline for Questions: Thursday, June 13, 2024, 4.00 P.M. Proposal Due Date: Wednesday, June 26, 2024, 4:00 P.M. w "1 CITY OF SANTA ANA TABLE OF CONTENTS I. BACKGROUND........................................................................................................................... 3 II. MANDATORY/OPTIONAL PRE-PROPOSAL MEETING............................................................. 3 III. OVERVIEW OF PROJECT.......................................................................................................... 4 IV. SCOPE OF SERVICES............................................................................................................... 4 V. TERM OF AGREEMENT............................................................................................................. 4 VI. MINIMUM QUALIFICATIONS...................................................................................................... 4 VI I. RESPONSE TO RFP .................................................................................................................. 5 VIII. CERTIFICATIONS (ATTACHMENTS)......................................................................................... 8 IX. REFERENCES............................................................................................................................ 9 X. MINIMUM SCOPE AND LIMIT OF INSURANCE......................................................................... 9 XI. SELECTION PROCEDURES & CRITERIA ............................................................................... 11 XII. WITHDRAWALS........................................................................................................................ 12 XIII. GENERAL TERMS AND CONDITIONS .................................................................................... 13 XIV.AWARD OF AGREEMENT........................................................................................................ 17 XV. IMPLEMENTATION................................................................................................................... 18 EXHIBITS Exhibits provided herein for Proposers'reference only. EXHIBITS I-A — I-I SCOPE OF SERVICES EXHIBIT II — SAMPLE AGREEMENT EXHIBIT III — LOCATION MAPS FOR PRE-PROPOSAL MEETING ATTACHMENTS A-1 PROPOSER'S CERTIFICATION, PROPOSAL PRICING FEE A-2 SCHEDULES: SERVICE BY SITE &ADD ON SERVICES A-3 STAFFING LEVELS B REFERENCES C PROPOSER'S STATEMENT D NON-COLLUSION AFFIDAVIT E NON-LOBBYING CERTIFICATION F NON-DISCRIMINATION CERTIFICATION 11�4j­ CITY OF SANTA ANA I. BACKGROUND Incorporated in 1886, Santa Ana, a Charter City, established a Council-Manager form of government in 1952. The City Council is composed of seven members; the Mayor elected at large and six Council members elected by ward, who appoint the City Manager, City Attorney and Clerk of the Council. The City of Santa Ana (City) is a full-service City with a diverse population of approximately 335,000. The City's eleven agencies provide all the traditional municipal services, as well as water utility, library system, 20-acre zoo, City Jail, Police Department, and contracts with the Orange County Fire Authority for provision of fire services. The City employs 1,178 authorized full-time positions and has an annual citywide budget is $646 million, including the General Fund budget of $316 million. The City of Santa Ana is located 10 miles inland from the Pacific Ocean, 33 miles southeast of Los Angeles and 90 miles north of San Diego. The City, which is the county seat of Orange County, encompasses an area of approximately 27 square miles and is the 11th largest by population in California. II. MANDATORY PRE-PROPOSAL MEETING Four (4) Mandatory pre-proposal job walks are scheduled for this contract as follows: **Arrival time of each location is an estimate** Date: Tuesday, June 11t"2024, 9:OOAM 1. Time: 9:OOAM Location: City Hall, Ross Annex, Main Library (Meet in City Hall Lobby) 20 Civic Center Plaza Santa Ana, CA 92701 2. Time: 10:30AM Location: Santa Ana Regional Transportation Center (Meet in lobby, under rotunda) 1000 E. Santa Ana Blvd. Santa Ana, CA 92701 3. Time: 11:OOAM Location: Corporate Yard (Meet at Corporate Yard-Administration Building A ) City Corporate Yard - 215 S. Center St. Santa Ana, CA 92703 4. Time: 11:45AM Location: Salgado Center (Meet at the front entrance of the building) 706 N. Newhope St. Santa Ana, CA 92704 Contractor will be required to provide their own transportation. The City will not schedule any additional site visits. All other sites may be visited during normal business hours as shown in Exhibit 1-1 and only the areas accessible to the public will be available for viewing. City of Santa Ana RFP 24-076 Page 3 of 73 CITY OF SANTA ANA The tours will include discussion of the project and an overview of the City's expectations of the awarded contractor. The tours allow prospective proposers to ask questions of City staff for clarification on any matter in the RFP. Questions and answers deemed to be of interest to all prospective bidders will be made available on an addendum posted on the City's bid management and publication website, PlanetBids. It is the proposers' responsibility to check the site for that information and any other infonnation pertinent to the RFP. The City will make every effort to post the questions and answers within three (3) business days of the final tour. It is highly recommended that proposer operation/field supervisors attend these tours. III. OVERVIEW OF PROJECT The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide Citywide Janitorial Services in accordance with the minimum Scope of Services and Specifications indicated herin. This contractor will furnish all equipment, materials, personnel, supervision and all other items necessary to perform the services specificed in this Request for Proposal. The term "Vendor', "Proposer", and "Contractor" shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP). IV. SCOPE OF SERVICES SEE EXHIBIT I— SCOPE OF SERVICES Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period. Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required. V. TERM OF AGREEMENT The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years. VI. MINIMUM QUALIFICATIONS Offeror must meet the following minimum qualifications in order to be considered for the evaluation: • Five years' experience providing the services specified herein • Registered with the CA DIR in accordance with the Property Service Workers Protection Act, CA Labor Code 1420-I434 City of Santa Ana RFP 24-076 Page 4 of 73 k4j,- CITY OF SANTA ANA VII. RESPONSE TO RFP A. SUBMITTAL INSTRUCTIONS It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City's Bid Management System, PlanetBids. No other form of submittal will be accepted. PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an a-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at: hftp://www.planetbids.com/portal/portal.cfm?CompanvlD=20137. Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer's sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City's assigned Buyer. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline. Proposals shall NOT be sent via telegraphic, electronic, or facsimile means. All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanvlD=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. B. COMMUNICATION / CONTACT WITH CITY STAFF Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City's Bid Management System, PlanetBids. The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s). C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. City of Santa Ana RFP 24-076 Page 5 of 73 CITY OF SANTA ANA Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the "Addenda/Emails" tab. General process questions may be directed to the following: Megan Ornelas Buyer Email: MOrnelas@santa-ana.org D. EXCEPTIONS Requests submitted for City's consideration of proposed terms and conditions, including modifications to the City's RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. City may reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions. E. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanylD=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. F. UNDERSTANDING PROPOSAL It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein. G. PROPOSAL CONTENTS Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged. 1. Statement of Qualifications (SOQ) SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding section dividers and exhibits). The page limitation includes all appendices, City of Santa Ana RFP 24-076 Page 6 of 73 CITY OF SANTA ANA attachments, and supplemental information. Additionally, SOQ must include the following: a. Cover Letter Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. Cover Letter shall not exceed one page. Cover letter must be addressed to the following City Project Manager: Phil Neff, Facilities Maintenance Manager City of Santa Ana— Public Works Department 20 Civic Center Plaza Santa Ana, CA 92701 b. Services Provided A description of proposed services to be provided and how they meet the needs of the City as described in Section III —Scope of Services (Above). c. Agreement Statement Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in EXHIBIT II — Sample Agreement of this RFP (if any). d. Firm and Team Experience Proposal shall include a profile of the firm's experience including the following: i. A general description of the firm, including size and number of employees working directly with the City on this agreement. ii. Firm's nearest address serving the City of Santa Ana and headquarters address. iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Resumes for all key staff proposed describing relevant experience. e. Proposed Work Plan Proposal shall include a statement demonstrating the firm's understanding of the Scope of Services. Additionally, proposed work plan shall include Proposers': i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any); iii. Description of deliverables and implementation plan. Proposer shall submit a City of Santa Ana RFP 24-076 Page 7 of 73 CITY OF SANTA ANA general description of the deliverables, implementation plan, and timeline. f. References: Attachment B — References shall be submitted for similar projects performed for state and/or similar government clients. II. Cost Proposal Proposers shall include completed STAFFING LEVELS and FEE SCHEDULE forms (EXHIBIT III-IV) in their Fee Proposals. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer's cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid. If providing hourly rate sheets, Proposer shall not include rate ranges or averages. Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City. H. PROTEST PROCEDURES Only respondents who have actually submitted a proposal may file a "protest"to an RFP with the City's Purchasing Department. In order for a Proposer's protest to be considered valid, the protest must: 1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP Results/Notice of Intent to Award on the City's online bidding system; 2. Clearly identify the specific irregularity or accusation; 3. Clearly identify the specific City staff determination or recommendation being protested; 4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and 5. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements,it will be rejected as invalid. If the protest is valid, the City's Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The decision from the Purchasing Manager, or her/her designee, is final and no further appeals will be considered. VIII. CERTIFICATIONS (ATTACHMENTS) In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package: City of Santa Ana RFP 24-076 Page 8 of 73 CITY OF SANTA ANA • Attachment A-1: Proposer's Certification and Proposal Item Pricing • Attachment A-2: Services by Site and Add On Services • Attachment A-3: Staffing Levels • Attachment B: References • Attachment C: Proposer's Statement • Attachment D: Non-Collusion Affidavit • Attachment E: Non-Lobbying Certification • Attachment F: Non-Discrimination Certification The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise. PLEASE NOTE. City will not waive notarization requirement when applicable on any of the required attachments. IX. REFERENCES Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. Use ATTACHMENT B — References. The respondent grants permission for the City to contact any individuals listed as references. City may disqualify a Proposer if.- • References fail to substantiate Proposer's description of services and deliverables provided; or • References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or • City is unable to reach the point of contact with reasonable effort. It is the Proposer's responsibility to inform the point of contact(s) of normal City working hours. X. MINIMUM SCOPE AND LIMIT OF INSURANCE The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award. Contractor must maintain, for the duration of its contract, insurance coverages as required by the City. Additionally, Contractor shall provide the following insurance coverage: Coverage shall be at least as broad as: • 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. • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. • Workers' Compensation (W/C): 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, per employee, per policy for bodily injury or disease. This requirement can be waived if Vendor has no employees. City of Santa Ana RFP 24-076 Page 9 of 73 CITY OF SANTA ANA If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Permittee including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. All required insurance policies: Insurance company(ies) agrees 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 Permittee for City. 3. All required insurance policies: For any claims related to this contract, Permittee's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Permittee'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. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, 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 shall be provided to City for policy cancellation or non-renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), 20 Civic Center Plaza M-XX (Responsible Staffs Department Mail Box), Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. 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. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Permittee shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL City of Santa Ana RFP 24-076 Page 10 of 73 CITY OF SANTA ANA policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Permittee's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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. 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. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. XI. SELECTION PROCEDURES & CRITERIA A. The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP,which includes adherence to outlined directions and format, and the City evaluation criteria set forth below. B. Proposers will be ranked by the review committee based on the following criteria: CATEGORY POINTS Responsiveness to RFP • Proposal's compliance with the requirements of this RFP. • Scope of Services offered including ability to provide optional services. 15 • The value to any new and/or innovative product or service suggestions or other new ideas and enhancements. Experience of Firm and Personnel • The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisor and assigned 50 staff. City of Santa Ana RFP 24-076 Page 11 of 73 `T 1 CITY OF SANTA ANA Proposed Pricing 25 • Reasonableness of Cost References • References that are similar in size and project scope to the City. 10 TOTAL POSSIBLE SCORE 100 (Before interviews-if held) Interviews • The City reserves the right to conduct interviews with the highest-rated firm(s). In the event the City does perform an interview process, the following is the maximum number of additive points that may be applied 20 to the proposal score. Total possible score may exceed 100 points. C. A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above. D. The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non- responsive and may be rejected. The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate. E. The review committee may invite the proposers to interview. The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions. XII. WITHDRAWALS Proposers are responsible for verifying all prices and information before submitting a proposal. Prior to the proposal due date, the Proposer or Proposer's representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible. City of Santa Ana RFP 24-076 Page 12 of 73 11�4j­ CITY OF SANTA ANA XIII. GENERAL TERMS AND CONDITIONS A. AMERICANS WITH DISABILITIES ACT The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 ("ADA"), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph. B. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. C. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal D. CONFLICT OF INTEREST Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor's employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor's efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract. E. CONTRACTOR'S EXPENSE Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre- contractual expenses are not to be included in the cost proposal. Pre-contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related City of Santa Ana RFP 24-076 Page 13 of 73 CITY OF SANTA ANA to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract. Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract. F. CONTRACTOR'S PROJECT MANAGER/KEY PERSONNEL Except as formally approved by the City, the key personnel identified in Contractor's proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor's Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor's personnel. Said approval shall not be unreasonably withheld. Standards of Conduct: Contractor's personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City. G. COST PROPOSAL The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal. H. DATA RETENTION Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City. All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. I. DRUG-FREE WORKPLACE The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts. City of Santa Ana RFP 24-076 Page 14 of 73 CITY OF SANTA ANA J. EXAMINATION Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated. Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager's attention as soon as possible so that corrective addenda may be furnished to prospective Proposers. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. K. EXECUTION OF AGREEMENT Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II — Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation L. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. M. JOINT OFFERS/SUBCONSULTANTS Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture. Should the use of sub-consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor. The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors. N. INDEPENDENT CONTRACTOR Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City. Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers' compensation or other fringe benefits of any kind through City. City of Santa Ana RFP 24-076 Page 15 of 73 CITY OF SANTA ANA O. LITIGATION STATUS Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer's prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. P. NEGOTIATIONS The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor's proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor's proposal, and the awarded Contractor's proposal. Specific exceptions to this general rule may be noted in the final executed contract. Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP. Q. NON-PAYMENTS Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach. R. OWNERSHIP OF DOCUMENTS The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City. S. PARKING The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City. T. PROFESSIONAL STANDARDS Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City's Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee. City of Santa Ana RFP 24-076 Page 16 of 73 CITY OF SANTA ANA Contractor acknowledges that City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel. U. PROJECT MANAGER The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. V. PROPOSAL VALIDITY Services, pricing, and warranties indicated in a Proposer's Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal. W. PUBLIC AGENCIES Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor's acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency. X. PUBLIC RECORDS Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. Y. SUBCONTRACTORS Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor's obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work. The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors. XIV. AWARD OF AGREEMENT Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms. City of Santa Ana RFP 24-076 Page 17 of 73 11�4j- CITY OF SANTA ANA XV. IMPLEMENTATION A. KICK-OFF MEETINGS The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. City of Santa Ana RFP 24-076 Page 18 of 73 0 CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor shall perform services as set forth below. I. PROJECT OVERVIEW 1.1 Background Contractor shall furnish all labor, supervision, cleaning materials, equipment, cleaning supplies, insurance and administrative services necessary to perform all janitorial services set forth in these specifications. The contractor will be responsible for any damage to or loss of personal and/or City property during the performance of these services. 1.2 Objectives The City intends to enter into a contract with a janitorial service provider offering the best value for scheduled day porter and evening cleaning services, including, but not limited to, the following City locations: 1.2.1 (Day Porter Services) Santa Ana City Hall, Ross Annex, Santa Ana Regional Transportation Center (SARTC), Santa Ana Main Library, Newhope Library, Delhi Library, the Corporate Yard, and 1.2.2 Evening cleaning services at various City locations identified in Exhibit I — J. 1.3 Mininum Qualifications Contractor must meet the following minimum qualifications in order to be considered for evaluation: 1.3.1 Five years' experience providing the services specified herein 1.3.2 Registered with the CA DIR in accordance with the Property Service Workers Protection Act, CA Labor Code 1420-1434 II. CONTRACTOR RESPONSIBILITIES 2.1 General 2.1.1 Contractor must furnish the personnel, supplies, and equipment necessary to provide services as described herein. Contractor must be able to communicate by email and phone and reachable by phone twenty-four hours per day, seven days per week for the purpose of contracting and dispatching service personnel. A response time of two (2) hours is required. The Contractor shall supply the Contract Administrator with name(s) and phone number(s) of responsible person(s) representing the Contractor for 24-hour emergency response. The above-mentioned information shall remain current at all times. Any changes shall be forwarded to the City in writing by the end of that business day. Failure to maintain current emergency information may result in a $200 penalty for each occurrence. City of Santa Ana RFP 24-076 Page 19 of 73 CITY OF SANTA ANA 2.1.2 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 2.1.3 Contractor must notify City within one day, via email by Contractor's assigned supervisor, of any non-emergency abnormal conditions or occurrences, including vandalized, damaged, or inoperable property. Emergency and urgent issues such as mainline breaks, water leaks, security issues and such shall be reported to the designated City representative as soon as possible. Should any City property be damaged or destroyed by the Contractor, the Contractor will bear full responsibility for repair and/or replacement, as coordinated and approved by the City. Contractor shall bear full responsibility for theft or loss of keys in their possession and shall pay cost of re-keying all locks operated by these keys. Keys must not be duplicated. 2.2 Personnel 2.2.1 The Contractor warrants that all persons employed to provide service under this contract have satisfactory past work records indicating their ability to accept the kind of responsibility required under this contract. Contractor shall provide personnel that has been trained for performance of the specified services. Contractor must provide supervision of personnel at all times. Supervisors must speak English and have been trained in supervision as well as in providing janitorial services. 2.2.2 Contractor shall provide the City's Contract Administrator or their authorized representative an accurate list of all employees who have any relationship to work performed within the scope of this contract, prior to an employee starting work on City property. Changes to the list shall be reported in writing to the Contract Administrator or his/her authorized representative within one working day. Employees terminated by the Contractor shall be reported the same day to the Contract Administrator or their authorized representative. If a Contractor's employee is terminated after normal business hours, the next business morning is acceptable. 2.2.3 Contractor personnel shall not be assisted nor accompanied by any individual that is not an employee of the Contractor while performing duties related to the contract. This includes, but is not limited to mends, children and/or other relatives. Employees of the Contractor that violate this stipulation shall be deemed objectionable to the City and shall not be allowed to work in City facilities. 2.2.4 Contractor must not allow its personnel to enter the City premises while under the influence of drugs, alcohol, nor use or possess drugs or alcohol while on City premises and performing services under this contract. Should any Contractor employee be deemed unacceptable to the City for any reason, City may notify Contractor and request the removal of the personnel involved and replacement must be provided. The City shall have the right to require the removal and City of Santa Ana RFP 24-076 Page 20 of 73 CITY OF SANTA ANA replacement of Contractor's personnel under the awarded contract. The City shall notify the contractor in writing of such action. The City is not required to provide any reason, rationale or additional factual information if it elects to request any specific employee be removed from performing services under the awarded contract. 2.2.5 The Contractor shall ensure sufficient staffing levels to provide the services described herein. Should Contractor personnel fail to report for this or her shift, the Contractor must provide a replacement within two hours. 2.2.5.1 Criminal Background Certification: Contractor certifies that all employees working on this contract have had a criminal background check at Contractor's cost and that said employees are clear of any sexual and drug- related convictions. Contractor further certifies that all employees hired by Contractor or Subcontractor shall be free from any felony convictions. City reserves the right to require Contractor to pay fingerprinting fees for personnel assigned to work in sensitive areas. 2.2.5.2 Standards of Conduct: Contractor's personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City. Furthermore, City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel. Contractor's personnel and agents shall comply with all City rules and regulations while on City premises. 2.3 Rules of Operation 2.3.1 Contractual Obligations: The City shall require certain contractual obligations, which may include, but are not limited to, the following: 2.3.1.1 Inclusion of proposal — The proposal shall be a required part of the final agreement with the awarded vendor. 2.3.2 Agreement: A resulting agreement shall include any written material made as part of your proposal. This material may include, but is not limited to: answers to questions contained in this RFP, addenda, letters, telegrams, facsimile, and product literature. 2.3.3 Changes to Terms and Conditions: Proposers are to submit, as part of their proposal, any changes or modifications to the terms and conditions they may wish the City to consider. Proposers are encouraged to offer any other options, with the understanding that their proposal shall first address the RFP requirements. Options are to be identified as such. 2.3.4 Errors and Omissions: Proposer shall not be allowed to take advantage of any errors or omissions in the RFP. Full instructions will be given if such errors or omissions discovered and called to the attention to the City in a timely manner. City of Santa Ana RFP 24-076 Page 21 of 73 k4j,- CITY OF SANTA ANA III. UNIFORMS 3.1 Contractor personnel must wear uniforms supplied by the Contractor while on City premises. The uniform will be subject to approval by the City and must consist of a long or short-sleeved shirt, full- length pants, and have the Contractor's name and/or logo permanently affixed. 3.2 Contractor personnel must wear protective gear appropriate to the task(s) being performed, as required by applicable Cal/OSHA regulations. IV. SUPPLIES AND EQUIPMENT 4.1 Supplies, equipment and tools in which the contractor must provide and maintain City facilities are included, but not limited to: 4.1.1 Liquid hand soap 4.1.2 2- Ply Toilet paper 4.1.3 Toilet seat covers 4.1.4 Trash liners 4.1.5 Sanitary receptacles for feminine hygiene products 4.1.6 Multi-fold handtowels 4.1.7 Cleanin agents such as: floor, tile , glass, etc ... 4.1.8 Floor sealer 4.1.9 Furniture waxes and or polishes 4.1.10 Floor wax 4.1.11 Tile polish 4.1.12 Surface sanitzers 4.1.13 Floor wax strippers 4.1.14 Metal polishes 4.1.15 Surface disinfectants 4.1.16 Wet and dry vacuum cleaners 4.1.17 Floor buffers 4.1.18 Mops 4.1.19 Sponges 4.1.20 Wet floor signs 4.1.21 Utility carts 4.1.22 Carpet pile lifters 4.1.23 Buckets 4.1.24 Rags 4.1.25 Floor washers 4.1.26 Brooms 4.1.27 KEX-style sweeping tools 4.1.28 Squeegee 4.1.29 Mop bucket with wringer function 4.1.30 Clean rayon mop head with handle 4.1.31 Auto floor scrubber 4.1.32 Hillyard Super Shine-All City of Santa Ana RFP 24-076 Page 22 of 73 CITY OF SANTA ANA 4.2 Contractor must provide containers on wheels to move trash throughout buildings and out to the dumpsters. At no time shall cointainers or other equipment be slid on the floors. Contractor shall store all equipment in janitor's closets throughout City facilities. 4.3 Bio-Based Products As a means to reduce staff exposure to harmful cleaning chemicals, the City will require that bio-based products shall be used by Contractor. The City will require that only cleaning chemicals included in the bio-based product listing from the United States Department of Agriculture (USDA) be used. As of December 2015, USDA has certified 2,500 bio-based products in more than 100 product categories. Visit the product catalog at wwww.biopreferred.gov to view a complete list. All supplies and materials used for daily maintenance shall be of a type and quantity that conform to bio-based USDA standards. The Contractor shall utilize bio-based products available that meet applicable health and environment specifications. All supplies and materials to be used in the performance of work under this contract are subject to the approval of the Contract Manager. The following is a list of categories for products that may be required for performance of custodial duties. Each product submitted for use under this contract must be identified with at least one of these categories (some products may be listed under more than one category). Labeling shall be printed on all containers. 4.3.1.1 All-purpose cleaner 4.3.1.2 Heavy duty cleaner 4.3.1.3 Carpet shampoo 4.3.1.4 Gum remover 4.3.1.5 Disinfectant sanitizer 4.3.1.6 Extraction fluid 4.3.1.7 Floor stripper 4.3.1.8 Neutral cleaning liquid 4.3.1.9 Spot and stain remover 4.3.1.10 Air freshener* - Only for restrooms with air freshener dispensers 4.3.1.11 Polish cleaner (brass/chrome/stainless steel) cream cleaner, solvent spotter 4.3.1.12 Floor finish 4.3.1.13 Floor finish restorer, floor sealer, furniture polish, glass cleaners 4.3.1.14 Grout sealer 4.3.1.15 Lime and scale remover (tub &the cleaner) 4.3.1.16 Toilet bowl cleaner 4.3.1.17 White board cleaner 4.3.1.18 Wood floor cleaner 4.3.1.19 Laundry detergent 4.3.1.20 Urinal filters 4.4 Material Saftety Data Sheets Material Safety Data Sheets must be on-site and available for all chemicals stored and used within a service area prior to beginning work. City of Santa Ana RFP 24-076 Page 23 of 73 CITY OF SANTA ANA 4.5 Material Specifications All materials and supplies shall be new, high quality, free of defects, and designed for the intended use and shall be subject to the Inspector's approval. Specifications for materials may change upon request of the City. Specifications include: 4.5.1 Marcal Pro white single fold towel 4.5.2 SoftPetals Toilet Seat Covers 4.5.3 SoftPetals Ultra Multifold 1-Ply Virgin Hand Towels 4.5.4 White almond Amersan Hand Soap 4.5.5 TrulyGreen 2-ply bathroom tissue V. SERVICE PROCEDURE (GENERAL INFORMATION) Supervisor or lead on duty at City sites shall work with City personnel in planning and scheduling tasks. Contractor shall advise Contract Manager if any additional work is required and when the Contractor will return to perform that work. Contractor shall report accidents and injuries to their immediate supervisor and City representative immediately. Use of City telephones and radios is prohibited, except under emergency circumstances for medical aid, fire or safety, etc. Unauthorized use of City office equipment such as copy machines, computers, fax machines, calculators, appliances, water cooler dispensers, etc. is prohibited. Contractor personnel shall not open drawers, cabinets, or locked doors, except to access approved supplies with express permission of the City. Items left on desks or other surfaces shall not be disturbed. Contractor shall report conditions such as leaky faucets, plugged drains, or broken fixtures, water on the floor, broken janitor closets, replacement of janitor closet lamps, etc. to City. Contractor shall respond to all service complaints no later than the next business day. Contractor must not recycle trash or store trash on the premises for personal gain. Contractor shall keep all doors locked while working at each site. Keys shall not be left in the doors. Contractor shall not admit any person into a building who is not a direct employee of the contractor actively engaged in providing the specified services. Contractor personnel shall not enter areas of the facilities not specifically included in the scope of services. Contractor shall check all windows and doors for proper closure and locking, and extinguish all lights upon exiting buildings. For removal of blood, fecal matter, urine, and other potentially infectious materials as outlined in OSHA Regulation 29 CFR 1910.1030, Contractor shall use the Hillyard Bodily Fluid Disposal Kit (Item No. HIL0018204). VI. QUALITY CONTROL PROGRAM Proposer shall submit a Quality Control Program as part of their proposal and shall include at a minimum, the following: 6.1 Monthly inspection system covering all the services listed in the Scope of Work. It shall specify each site listed in the RFP and its observed state of cleanliness. 6.2 Methods for identifying and connecting deficiencies in quality of service. City of Santa Ana RFP 24-076 Page 24 of 73 k4j,- CITY OF SANTA ANA 6.3 Proposer shall maintain a file of inspections conducted and, when applicable, take corrective action. A copy of each inspection and documented corrective action shall be delivered to the Contract Manager within seven (7) calendar days from the date of inspection. This collected data shall become pal of a general database used by the proposer as a basis of establishing and modifying maintenance procedures. VII. QUALITY ASSURANCE The Contract Manager or designee shall monitor the Proposer's performance using the agreed upon inspections, standards, and schedule as outlined in this RFP. City staff shall conduct facility inspections and cleaning deficiencies will be noted. A copy of the facility inspections shall be given to Contractor's on-site supervisor within seven (7) calendar days of the inspection to allow for collection of any noted areas not being cleaned to the levels described in the Scope of Work. If continued deviation from performance standards occur, an Agreement Discrepancy Letter shall be prepared by the Contract Manager within five (5) business days acknowledging the reported problem and presenting a program for immediate collection or presenting contrary evidence. VIII. INVOICE Invoices submitted by the Contractor must include the following information: 8.1 Invoice number 8.2 Invoice date 8.3 Location of ervice 8.4 Brief Description of service 8.5 Dates of service 8.6 Unit and extended prices 8.7 Total amount requested 8.8 Federal Tax I.D. Number IX. DELIVERABLES 9.1 Scheduled Janitorial Services Regular service is to be performed as described herein and in Exhibit I-A to Exhibit I-1 9.2 Special Event One-time Cleaning Regular service is to be performed as described herein and in Exhibit I-A to Exhibit I-1 X. HOURS OF OPERATION 10.1 Please refer to EXHIBIT I-1 10.2 City Observed Holidays for all facilites, with the exception of SARTC are as follows: 10.2.1 New Year's Day 10.2.2 Martin Luther King, Jr. Day 10.2.3 President's Day 10.2.4 Cesar Chavez Day 10.2.5 Memorial Day City of Santa Ana RFP 24-076 Page 25 of 73 CITY OF SANTA ANA 10.2.6 Independence Day 10.2.7 Labor Day 10.2.8 Veteran's' Day 10.2.9 Thanksgiving Day 10.2.10 Friday following Thanksgiving Day 10.2.11 Last working day before Christmas Day 10.2.12 Christmas Day 10.3 Please note that SARTC is open 365 days a year and does not close on City observed holidays. 10.4 Contractor must provide the City with 24-hour advanced notice of any schedule deviation. XI. FEE PROPOSAL Proposers shall provide monthly and fiscal year pricing, using Exhibit IV, for janitorial maintenance services. Pricing shall remain firm for the entire Agreement term. Thereafter, any proposed pricing adjustments for follow-on renewal periods shall be submitted to the Contract Manager in writing at least ninety (90) days prior to the new Agreement term. City reserves the right to approve or deny any pricing adjustments. Proposers shall upload all pricing separate from, but submit concurrently with the other elements of their proposal. XII. ESCALATION CLAUSE The City requires bonafide proof of cost increases prior to any price escalation adjustment, including any state mandated minimum wage increases. A minimum sixty (60) days advance notice in writing is required to receive consideration for such adjustments. No retroactive pricing adjustments shall be considered. The City shall enforce, adjust, or cancel escalating price agreements as it sees fit. The net dollar amount of profit shall remain firm during the period of this agreement. Adjustments increasing the proposers profit shall not be allowed. XIII. CITY FACILITIES Contractor is required to provide services to any location City requests, including those not listed herein. Facility locations may be added or deleted, service hours may be modified, and Services may be increased or decreased at any given time according to City needs during the term of the contract. City of Santa Ana RFP 24-076 Page 26 of 73 p '1 r CITY OF SANTA ANA EXHIBIT I-A SCOPE OF SERVICE DAILY MAINTENANCE TASKS I. GENERAL CLEANING Contractor shall remove all litter found and clean unsightly soil from building, fixtures, walls, door frames, doors and other surfaces; remove any spilled liquids or solids; remove carpet stains; pick up all towels from floor or counters within locker rooms and fitness center areas, placing towels in the proper receptacle(s). II. DUSTING BUILDING SURFACES Contractor shall remove all dust, lint, cobwebs, debris, dry soil, etc. from surface of ledges, window sills, locker tops, and fire extinguishers. This shall include counter tops, walls, ceilings, door frames and sills, light switches, pictures, partitions, rails and other types of fixtures and surfaces which are not considered as furniture surfaces. This includes atrium wood ledges and specialty equipment such as test equipment, computers, typewriters, calculators, etc., which are located anywhere between the floor surface and up to nine (9) feet in height. Dusting shall be accomplished by the removal of loose soil from the area - not by moving it from one surface to another. III. SPOT CLEANING OF BUILDING SURFACES, FURNITURE AND FIXTURES Contractor shall clean to remove smudges, fingerprints, marks, streaks, tape, etc., from the surface of ledges, windows and sills, fire extinguishers, counter tops, walls, light fixture holders, ceiling vents, doors, door frames and sills, pictures, partitions, rails and other types of fixtures and surfaces. This includes all items from the floor surface up to 12 feet in height. Special care is to be taken to not permanently mar, scratch, or discolor any surface. IV. EMPTYING OF ALL RECYCLING FOOD SCRAPS AND TRASSH RECEPTACLES Contractor shall comply with the City's requirement to implement a program to promote cost-effective waste reduction in all operations and facilities covered by this contract. The Contractor's programs shall comply with applicable Federal, State, and local requirements, including the following regulations: 4.1 Assembly Bill (AB) 341- requires entities that generate four or more cubic yards of waste per week to arrange for recycling services 4.2 AB 1826 - requires entities that generate four or more cubic yards of waste per week to arrange for recycling of organic waste 4.3 Senate Bill (SB) 1383-shall require municipalities to procure recycled content paper products for at least 75% of annual paper buy and to retain records of all recycled content paper procurement. This requirement includes custodial paper products. V. CITY FACILITY CENTRALIZED RECYCLING PROGRAMS In an effort to comply with state recycling mandates (AB 341 and 1826), beginning on or before the effective date of this contract, the City will transition to a 'centralized' recycling system at all City facilities. The centralized recycling system will require all City employees to only dispose of recyclable items at their City of Santa Ana RFP 24-076 Page 27 of 73 p '1 r CITY OF SANTA ANA work stations. Recyclable materials include paper, plastic, glass, aluminum, cardboard, and any other materials accepted by the City's rubbish hauler. The selected contractor shall be required to empty all workstation receptacles on a daily basis and return the receptacles to their initial location. The contents of the workstation receptacles shall be consolidated and deposited in the facilities' single-stream recvclina dumpster. Workstation recycling receptacles do not need plastic liners. VI. CONTAMINATION PROCEDURES If a custodial employee finds non-recyclable items in a work station recycling receptacle, the custodial employee shall remove the item from the recycling stream, place it in the trash or organics stream, and leave a'Recycling Reminder' note on the desk of the employee who placed an unacceptable item in the recycling receptacle. Upon award, the City will provide a sufficient amount of printed 'Recycling Reminder' notes and list of acceptable and non-acceptable items to the Contractor. Contractor shall be responsible for placing the notes when contamination is identified. The Contractor shall be responsible for assuring all janitorial closets are stocked with Recycling Reminder notes, training custodial staff on the contamination procedures, and notifying City staff of when there is a low inventory of'Recycling Reminder' notes. VII. COLLECTION PROTOCOLS Receptacles are to be cleaned as needed each time. Boxes, cans; paper, and other recyclable items marked 'trash' or 'recycling' shall be removed and recycled. Cardboard boxes and cartons are to be broken down flat prior to being placed in the recycling bins. All collected recyclables from such workstation receptacles shall be removed from the area and deposited in a designated single-stream recycling in such a manner so as to prevent the adjacent area from becoming littered by said trash. VIII. ORGANIC WASTE RECYCLING PROGRAM Further, if organic waste recycling service is available at a City facility, City employees will be required to dispose of organic food scrap items, such as food waste, food-soiled paper, and other organic materials collected by the City's rubbish hauler, at designated organics recycling receptacles located in breakrooms and areas where food waste is generated. All breakrooms at city facilities that have organics recycling service will contain organics recycling receptacles for use by City employees. The selected contractor shall be required to empty all organic waste recycling receptacles on a daily basis and return the receptacles to their initial location. The contents of the organic waste recycling receptacles shall be consolidated and deposited in the facilities' organics recvclina dumpster or cart. Organic waste recycling receptacles must have plastic liners. Organic waste materials contained in plastic liners are acceptable in the City facility organics recycling program and can be placed in the organic waste recycling dumpsters and/or carts serviced by the City's rubbish hauler. IX. TRASH COLLECTION PROTOCOLS City employees shall be required to dispose of non-recyclable and non-organic waste items, such as Mylar chip bags, broken glass, rubber gloves, etc. at City of Santa Ana RFP 24-076 Page 28 of 73 p '1 r CITY OF SANTA ANA designated trash receptacles located in breakrooms and restrooms. All trash receptacles shall be emptied daily and returned to their initial location. This shall include those trash receptacles located in work stations, patios, balconies, parking areas, and centralized areas, as well as any placed outside entry doors. Receptacles are to be cleaned as needed each time. All collected trash from such receptacles shall be removed from the area and deposited in a designated trash dumpster or trash receptacle in such a manner so as to prevent the adjacent area from becoming littered by said trash. Soiled or torn trash receptacle liners shall be replaced with a new liner provided by the Contractor. Liners shall be replaced in such a manner as to present a neat and uniform appearance. Contractor shall empty and clean around large trash bins located in the Ross Annex Parking Garage X. SPOT CLEANING TRASH RECEPTACLES Contractor shall remove non-permanent stains and soil from the interior and exterior surfaces of trash receptacles. XI. EXTERIOR OF BUILDING, OUTSIDE PATIOS, BALCONIES, AND BUILDING ENTRYWAYS Contractor shall pick-up, clean, sanitize, and remove trash and debris, including but not limited to feces, urine, paper, within 25 feet of the building in each direction. Contractor shall remove cobwebs from overhead surfaces and lights affixed to the building entryway areas. This includes cleaning the exterior of glass and metal doors, door thresholds and hardware. Contractor shall remove any litter, cigarette butts, and bird droppings. XII. ENTRANCE GLASS, MIRRORS, WORKSTATION GLASS, AND SNEEZE GUARDS Contractor shall thoroughly clean both sides of all surrounding building entry door glass and office and entry doors and windows for a uniform appearance free of all smudges, fingerprints, stains, streaks, lint, cobb-webs, etc.; remove any paper and/or tape; clean all mirrors in restrooms, locker rooms and fitness center in the same manner as noted above; and spot-clean workstation and/or partition/sneeze guard glass daily as needed. XIII. DRINKING FOUNTAINS AND SINKS Contractor shall remove all obvious soil, streaks, smudges, etc., from hardware, including spouts and drain. After cleaning and disinfecting, the entire drinking fountain and/or sink (includes all sinks in coffee rooms and lounges) shall be free of streaks, stains, spots, smudges, scale, and other removable soil. Oil is not to be used to polish metal fixtures. If needed, Lime-Away or a similar product shall be used to eliminate hard water build-up. XIV. WASH BASINS, TOILETS, URINALS AND SHOWERS Contractor shall apply a germicidal detergent solution to all surfaces of wash basin, toilets, toilet seat hinges, pipes, urinals, showers, and adjacent surfaces; remove soil from all surfaces of these fixtures and adjacent surfaces; dry all metal surfaces of faucets, handles, valves, etc. Shower wall, floor and door soap scum, mold and mildew shall be removed daily and drain screens cleaned of hair and lint. Contractor shall de-scale toilets and urinals to remove scum, mineral deposits, rust stains, etc. All metal fixtures shall be polished, inside and out, including but not limited to toilets, drinking fountains, urinals, plumbing, sinks, City of Santa Ana RFP 24-076 Page 29 of 73 p '1 r CITY OF SANTA ANA flush valves, kitchen vent hoods, mounting plates, dispensers, nuts, screws, traps, hose bibs, water connections, handrails, mirrors, etc. using approved products. Oil is not to be used to polish metal fixtures. Toilets and urinals shall be flushed prior to finishing and approved products to be added. Waterless urinal filters shall be replaced with approved urinal manufacturer's cartridges as often as necessary to prevent foul odors and urine back-up. Waterless urinal manufacturer's specified cartridge. Contractor shall check toilets and stoppages and use plunger and/or hand auger to unplug. Note that should the Contractor be unsuccessful in unplugging the toilet or urinal causing the City to unclog the unit, and the clog is unplugged by plunger and/or hand auger, the cost for this service will be deducted from the Contractor's next monthly invoice. If stoppages cannot be unplugged or if other plumbing problems are noticeable, cover the urinal/commode with a trash liner then notify the City's Representative immediately. XV. REFILLING OF DISPENSERS Contractor shall inspect, refill, and provide toilet paper, soap, paper towels, and toilet seat covers. Feminine hygiene dispenser shall be emptied and refilled with sanitary napkin receptacle liners. Supplies shall be placed in the dispensers in accordance with the supplies and dispenser manufacturers' instructions. Soap dispensers and adjacent surfaces shall be wiped to remove spillage. Care shall be taken so as not to damage, dent, or bend dispensers. Vandalized dispensers shall be replaced with approved manufacturer and model dispensers to City specification upon discovery. Dispensers will be provided by the City. XVI. FLOOR DRAINS Contractor must clean all floor drains and remove corrosion and tarnish. XVII. ENTRANCE MATS Contractor shall remove moisture, wet or dry soil, and any debris from carpeted, rubber and/or other material mats. Ensure mats are properly positioned on the floor. Contractor to provide and replace mats as often as necessary. XVIII. VACUUMING OF CARPETED FLOORS Contractor shall remove visible and hidden soil and debris from carpet surface and from within the carpet pile. Chairs, trash receptacles, power cords, boxes and other such items shall be tilted or moved where necessary. Special attention shall be paid to comers, along the walls and under/between furniture to ensure carpet is thoroughly cleaned in all areas. Carpet shall be free of all visible soil and litter. XIX. VACUUMING OF All FABRIC FURNITURE SURFACES Remove all dust, debris, lint, hair, litter and dry soil from all fabric surfaces of chairs, couches, work station partitions and other furniture with fabric covering. XX. STAIN REMOVAL ON CARPET, UPHOLSTERY, PARTITION PANELS AND WALLS Contractor must clean and/or remove all stains as quickly as they are discovered so as not to allow them to set into the fabric. If the stain is due to a coffee spill, a contractor-supplied product similar to Interface Coffee Breaker must be used, following the manufacturer's recommended procedures. Spot clean as necessary to collect soiled area. City of Santa Ana RFP 24-076 Page 30 of 73 (9) CITY OF SANTA ANA XXI. MOPPING OF NON-CARPETED FLOORS Contractor must remove soil, hair, dust and debris from non-carpeted floors. Trash receptacles and other such small items shall be moved as necessary and returned to their appropriate location. All accessible areas of the floor shall be swept, mopped using approved germicidal cleaners, and buffed/polished to a non-streaked consistent in appearance luster. Care shall be taken to prevent splash and mop streaks from being visible on furniture legs, doors, etc. "Caution Wet Floor" safety warning signs shall be placed so as to provide sufficient safety measures. After a floor has been damp mopped, it shall have no puddled water and be free of soil, stains, debris, streaks and swirl marks. All wet floor signs shall be removed and put away when the floor is sufficiently dry to be safe for use. XXII. DISINFECTING OF RESTROOMS, FURNITURE, FIXTURES, WALLS, AND PARTITIONS Contractor shall damp-wipe and disinfect all non-wood hard surfaces of furniture, fixtures, walls, partitions, doors and lockers. Special care shall be taken to ensure these surfaces are not scratched, damaged, or stained. In Parks locations, remove all graffiti from walls, doors, partitions, etc. Contractor shall also clean, dust and sanitize all surfaces inside and out, including walls, blinds, drapes, book cases, books, doors, partitions, door/window jambs, computers, telephones, speakers, wall boards, televisions, pictures, etc at Parks locations. XXIII. CLEANING OF WOOD FURNITURE AND SURFACES Contractor shall thoroughly clean to remove smudges, fingerprints, marks and streaks from wood surfaces while ensuring to not scratch or mar surfaces. XXIV. CLEANING OF LUNCH AND BREAK ROOMS Included in this contract are all lunch and break rooms, including the kitchen and cooking area, dishwashing area, restrooms, eating areas, vending machines, hallways, glass and painted doors, unlocked storage closets, microwave ovens and refrigerators. Contractor shall wipe clean the inside of all microwave ovens to remove any crumbs and/or spills. Areas shall be cleaned so that grease, dirt, food particles, trash and other litter are thoroughly removed from surfaces. Counter tops, tables (surface and hardware, legs, etc.), display cases, etc. shall be cleaned and sanitized. These areas are to remain a healthy and clean environment for use by City employees on a daily basis. XXV. LOCKER ROOMS Lockers shall be cleaned and disinfected (inside, outside, and tops) using approved germicidal cleanser. Any trash found in unlocked lockers or on top of lockers shall be thrown away. Contractor to clean, sanitize, and polish wood benches and metal hardware. XXVI. FITNESS EXERCISE EQUIPMENT Contractor shall wipe down all metal to polish off shoe marks and sweat stains and disinfect surfaces; clean upholstery and wipe off shroud and side rails of treadmills, as well as the consoles on treadmills and other machines; clean the elliptical trainers, ski machines, bikes and stair stepper machines to remove sweat and stains and disinfect machines. Contractor shall clean out the tracks of the elliptical trainer with a dry towel only; and clean tops of any rubber mats City of Santa Ana RFP 24-076 Page 31 of 73 p '1 r CITY OF SANTA ANA and under each treadmill by ensuring all dust and black motor powder residue is completely removed with a vacuum. XXVII. SPECIAL NOTICES All furniture moved by the Contractor's or any Subcontractor's employees during the performance of any services shall be returned to its appropriate location. All items, such as trash receptacles or desk chairs, that are moved to enable cleaning underneath or around them shall be returned to their appropriate location. Work areas shall be secured and equipment placed to prevent passage by the general public and City staff. All such work areas shall be denoted appropriately. Work areas and equipment shall remain under this state/condition until all work is complete, equipment is vacated, and passage is safe for all. The proper quantity and type of safety warning signs, such as "Caution - Wet Floor", shall be placed by the Contractor's employees each time such conditions exist that would warrant placement of such signs. Signs are to be picked up and stored in the appropriate janitor room once the condition no longer exists to warrant such signs. City of Santa Ana RFP 24-076 Page 32 of 73 p '1 r CITY OF SANTA ANA EXHIBIT I-B SCOPE OF SERVICES WEEKLY MAINTENANCE TASKS Contractor shall perform the following tasks on a weekly basis: I. DUSTING OF CEILING,ATRIUM LEDGES, LUNCHROOM DRYWALL LEDGES,AND HVAC WALL VENTS Contractor shall clean all HVAC vents and area immediately surrounding them; Dust all atrium ledges at the glass/wood railing areas and at the atrium stairs; and dust lunchroom drywall edges. Care shall be taken not to spread dust into the air. II. HIGH DUSTING Contractor shall remove dust, cobwebs, oily film, etc., from all fixtures and surfaces above 12 feet from the floor surface. This includes lights, grills, light fixtures, pipes, sprinkler systems, cables, ledges, walls, atrium wood and ledges, ceilings, vents, etc. Care shall be taken not to spread dust into the air. III. SHOWER CURTAINS Shower curtains are to be inspected weekly. If curtains are worn, the Contractor shall replace them at the Contractor's expense with a shower curtain product acceptable to the City's Representative. IV. ROSS ANNEX PARKING GARAGE Contractor shall inspect for and remove any gum from garage floor. V. SPECIAL NOTICES All furniture moved by the Contractor's or any Subcontractor's employees during the performance of any services shall be returned to its appropriate location. All items such as trash receptacles or desk chairs that are moved to enable cleaning underneath or around them shall be returned to their appropriate location. Work areas shall be secured and equipment placed to prevent passage by the general public and City staff. All such work areas shall be denoted as such. Work areas and equipment shall remain under this state/condition until all work is complete, equipment is vacated and passage is safe for all. The proper quantity and type of safety warning signs, such as "Caution - Wet Floor" shall be placed by the Contractor's employees each time such conditions exist that would warrant placement of such signs. Signs are to be picked up and stored in the appropriate janitor room once the condition no longer exists to warrant such signs. City of Santa Ana RFP 24-076 Page 33 of 73 +.Y CITY OF SANTA ANA EXHIBIT I-C SCOPE OF SERVICES MONTHLY MAINTENANCE TASKS Contractor shall perform the following tasks on a monthly basis: I. CARPETED FLOORS Pile lift carpet floors in all areas. II. *CARPETED FLOORS — BI-MONTHLY* Spin bonnet all carpeted floors every two (2) months: January; March; May; July; September and November *(calculate to monthly cost for bidding purposes)* III. TILE FLOORS Clean and restore a uniform glass and protective finish to resilient tile or terrazzo floors that are finished with a floor finish. All chairs, trash receptacles, etc., shall be tilted or moved where necessary to spray buff underneath. The entire floor shall have a uniform coating of floor finish. All spray buff solution shall be removed from baseboards, furniture, trash receptacles, etc. IV. FLOOR DRAINS Contractor shall pour one gallon of clean water in all floor drains to flush traps. V. BLINDS Contractor shall clean all blinds, shades and draperies. Care shall be taken not to spread dust into the air. VI. RESTROOM FIXTURES Use pumice stone or other product/tool to remove mineral buildup from around fixtures in the restroom VII. PRESSURE WASHING Pressure-wash all exterior wall and pavement surfaces to remove dirt, gum, dust, debris, stains, etc. to within 25' of the building. Vill. STAIRWELLS Emergency stairs shall be swept monthly. All non-emergency stairwells shall be maintained as part of the daily tasks. IX. SPECIAL NOTICES All floor work listed must be done during non-business hours. For operating hours, per site, please see Exhibit I-J. All furniture moved by the Contractor's or any Subcontractor's employees during the performance of any services shall be returned to its appropriate location. All items such as trash receptacles or desk chairs that are moved to enable cleaning underneath or around them shall be returned to their appropriate location. Work areas shall be secured and equipment placed to prevent passage by the general public and City staff. All such work areas shall be denoted as such. Work City of Santa Ana RFP 24-076 Page 34 of 73 CITY OF SANTA ANA areas and equipment shall remain under this state/condition until all work is complete, equipment is vacated and passage is safe for all. The proper quantity and type of safety warning signs, such as "Caution - Wet Floor" shall be placed by the Contractor's employees each time such conditions exist that would warrant placement of such signs. Signs are to be picked up and stored in the appropriate janitor room once the condition no longer exists to warrant such signs. City of Santa Ana RFP 24-076 Page 35 of 73 p '1 r CITY OF SANTA ANA EXHIBIT I-D SCOPE OF SERVICES QUARTERLY MAINTENANCE TASKS Contractor shall perform the following tasks on a quarterly basis: I. TILE FLOORS Strip and wax all tile floors quarterly. *(calculate to monthly cost forbidding purposes) II. SPECIAL NOTICES All floor work listed must be done during non-business hours. For operating hours, per site, please see Exhibit W. All furniture moved by the Contractor's or any Subcontractor's employees during the performance of any services shall be returned to its appropriate location. All items such as trash receptacles or desk chairs that are moved to enable cleaning underneath or around them shall be returned to their appropriate location. Work areas shall be secured and equipment placed to prevent passage by the general public and City staff. All such work areas shall be denoted as such. Work areas and equipment shall remain under this state/condition until all work is complete, equipment is vacated and passage is safe for all. The proper quantity and type of safety warning signs, such as "Caution - Wet Floor" shall be placed by the Contractor's employees each time such conditions exist that would warrant placement of such signs. Signs are to be picked up and stored in the appropriate janitor room once the condition no longer exists to warrant such signs. City of Santa Ana RFP 24-076 Page 36 of 73 p '1 r CITY OF SANTA ANA EXHIBIT I-E SEMI-ANNUAL MAINTENANCE TASKS SCOPE OF SERVICES Contractor shall perform the following tasks on a semi-annual basis: I. CARPETED FLOORS Extract clean carpeted floors two (2) times per year; April and October *(calculate to monthly cost for bidding purposes)* II. SPECIAL NOTICES All floor work listed must be done during non-business hours. For operating hours, per site, please see Exhibit W. All furniture moved by the Contractor's or any Subcontractor's employees during the performance of any services shall be returned to its appropriate location. All items such as trash receptacles or desk chairs that are moved to enable cleaning underneath or around them shall be returned to their appropriate location. Work areas shall be secured and equipment placed to prevent passage by the general public and City staff. All such work areas shall be denoted as such. Work areas and equipment shall remain under this state/condition until all work is complete, equipment is vacated and passage is safe for all. The proper quantity and type of safety warning signs, such as "Caution - Wet Floor" shall be placed by the Contractor's employees each time such conditions exist that would warrant placement of such signs. Signs are to be picked up and stored in the appropriate janitor room once the condition no longer exists to warrant such signs. City of Santa Ana RFP 24-076 Page 37 of 73 p '1 r CITY OF SANTA ANA EXHIBIT I-F SCOPE OF SERVICES ANNUAL MAINTENANCE TASKS Contractor shall perform the following tasks on an annual basis: I. MAIN LIBRARY INDOOR CEILINGS Main Library high indoor ceilings shall be cleaned on an annual basis. II. SPECIAL NOTICES All floor work listed must be done during non-business hours. For operating hours, per site, please see Exhibit W. All furniture moved by the Contractor's or any Subcontractor's employees during the performance of any services shall be returned to its appropriate location. All items such as trash receptacles or desk chairs that are moved to enable cleaning underneath or around them shall be returned to their appropriate location. Work areas shall be secured and equipment placed to prevent passage by the general public and City staff. All such work areas shall be denoted as such. Work areas and equipment shall remain under this state/condition until all work is complete, equipment is vacated and passage is safe for all. The proper quantity and type of safety warning signs, such as "Caution - Wet Floor" shall be placed by the Contractor's employees each time such conditions exist that would warrant placement of such signs. Signs are to be picked up and stored in the appropriate janitor room once the condition no longer exists to warrant such signs. City of Santa Ana RFP 24-076 Page 38 of 73 p '1 r CITY OF SANTA ANA EXHIBIT I-G SCOPE OF SERVICES DAY PORTER SERVICE STAFFING REQUIREMENTS Contractor shall supply the requested personnel at the following locations during normally scheduled working hours: Santa Ana Regional Transportation Center, City Hall/Ross Annex, Main Library, Newhope Library, Delhi Library and Corporate Yard. In the event the day porter is sick, fails to show, or otherwise unable to perform duties, contractor shall provide a day porter replacement within two hours. I. SANTA ANA REGIONAL TRANSPORTATION CENTER (SARTC) The SARTC at Santa Ana covers 6.75 acres and contains a 47,000 square foot main terminal, two surface parking lots, and one four-story parking structure. A three-story pedestrian bridge and East Platform were added in 2006. The main facility was opened in 1985. Occupancy and public usage has expanded at a rapid rate and today, approximately 37,000 square feet of space is in use. The SARTC at Santa Ana is open for business from 5:00 AM to midnight, 365 days a year, and requires regular cleaning and routine janitorial maintenance services. A. Staffing general assignments are as follows: • Monday through Friday— 6:OOAM to 1:OOPM (Note: SARTC requires an on-site lead Monday — Friday. One fo the day porters referenced above must be designated an on-site lead). • One Day Porter, Exterior— 6:OOAM to 2:30PM General Description of Duties: Maintains the exterior including, but not limited to, Platform 1 and 2, pedestrian bridge, parking structure (including elevators) and areas outside the buildings from the courtyard to Santa Ana Blvd, and to Santiago Street. Set up conference rooms, as needed. Tasks include, but not limited to, general sweeping and mopping; trash removal; cleaning of ashtrays; storing of received supplies; and other assigned duties as deemed necessary to maintain the facility in a clean condition. May assist the general custodian assigned to the interior space. • One Day Porter, Interior—6:30AM to 3:OOPM General Description of Duties: Monitor all downstairs restrooms, when possible, on an hourly basis; three complete cleanings of downstairs restrooms daily; take out trash regularly throughout the day; take out trash; consistently maintain the station's ground floor tile in a clean condition by regularly mopping as needed; daily cleaning of stairs to 2nd floor; weekly cleaning of windows as needed; consistent cleaning of the entrance area windows throughout the day; daily cleaning of the main elevator; and other assigned duties as deemed necessary to maintain the City of Santa Ana RFP 24-076 Page 39 of 73 yr: CITY OF SANTA ANA facility in a clean condition. • One General Custodian, Interior— 2:30PM to 11:OOPM General Description of Duties: Maintains the 1st- 5th floors on a daily basis; takes out trash and cleans around work areas daily; cleans ashtrays on a daily basis; cleans 2nd and 3rd floor restrooms after 5:00 PM daily; assists with cleaning restrooms on 1st floor during evening hours; and other assigned duties as deemed necessary to maintain the facility in a clean condition. B. Weekends • Saturdays and Sunday— 6:30AM — 11:OOPM • One General Custodian — Interior General Description of Duties: Monitor all 1st floor restrooms, when possible, on an hourly basis; at a minimum, three complete cleanings of 1st floor restrooms daily, take out trash regularly throughout the day; consistently maintain the station's ground floor tile in a clean condition by regularly mopping as needed, daily cleaning of stairs to 2nd and 3rd floor; weekly cleaning of windows as needed; consistent cleaning of the entrance area windows throughout the day; daily cleaning of the main elevator; and other assigned duties as deemed necessary to maintain the facility in a clean conditions. May be requested to empty trash cans in certain exterior areas that have high usage. Maintain exterior entryway floors in clean condition II. CITY HALL and ROSS ANNEX City Hall and Ross Annex are located at 20 Civic Center Plaza, Santa Ana, CA 92701 and are open Monday through Thursday and every other Friday, 7:30 am to 5:30 pm and on Fridays 8:00 am to 5:00 pm. City Hall is located within the Civic Center Complex that includes City, County, State and Federal offices. The City Departments housed at City Hall include City Manager's Office, Clerk of the Council, City Attorney's Office, Community Development Agency, Personnel, Public Works Agency, Planning and Building Agency and Parks, Recreation, and Community Services. A. Staffing general assignments are as follows: • Monday through Friday— 8:OOAM to 5:OOPM • One Day Porter—Assigned to City Hall and Ross Annex General Description of Duties: This position is shared between City Hall and Ross Annex. Primary duties include keeping all public areas clean and free of trash and debris. Consistently check and clean the public restrooms, throughout the day, as needed, restock all toilet paper, paper towels and seat cover dispensers. Clean and disinfect, as needed, public areas at City Hall and Ross Annex. Clean, as needed, lunchrooms and employee restrooms. Attend to any emergency clean-ups as requested by City. City Hall is closed every other Friday. On those Fridays the day porter may be required to work on cleaning projects at City Hall. City of Santa Ana RFP 24-076 Page 40 of 73 CITY OF SANTA ANA III. MAIN LIBRARY The Main Library is located at 26 Civic Center Plaza, Santa Ana, CA 92701. The Main Library provides Spanish, English, and Vietnamese books, DVDs, music CDs and books on CD for adults, teens and children; story times in English and Spanish; and other special programs for children and families. Additionally, various workshops, gaming and activities for teens, and workshops for limited English-speaking adults are available. Bilingual tutoring services for children and teens are provided in the Library Learning Center. The Main Library is open Monday through Thursday from 10:00 AM to 8:00 PM, and Friday and Saturday from 10:00 AM to 6:00 PM. The Santa Ana Public Library's Main location is scheduled to go through a renovation. Tentative closure timeline is August 2024 to April 2026. Janitorial services will not needed during construction closurers. A. Staffing general assignments are as follows: • Monday through Saturday— 6:OOAM to 10:OOAM • One Day Porter—Assigned to Main Library General Description of Duties: These positions will be assigned to different sections of the Main Library with the primary function of cleaning the facility before it opens to the public. Maintain all public areas and Administrative Offices clean and free of trash and debris. Clean public and employee restrooms on a regular basis. Daily restock all paper supplies. Wipe down and sanitize countertops, tables and chairs. Dust open areas and bookshelves, as needed. Remove all trash from receptacles and place new liners each time. Ensure cobwebs and debris are removed from the exterior of door frames and handles. Computer keyboards and mice in public areas should be cleaned and disinfected using products that are safe for electronic equipment. Patio furniture and seating areas shall be cleaning. By 9:00 am, all staff areas are to be completed. By 10:00 am, all public areas are to be completed. Additional duties as assigned. B. Monday through Saturday (3:00 PM to 5:00 PM) • One Janitor—Assigned to Main Library General Description of Duties: Same as listed above for Main Library Day Porter IV. NEWHOPE LIBRARY The Newhope Library is located at 122 N. Newhope St., Santa Ana, CA 62703. Hours of operation are Monday and Wednesday from 12:00 PM to 8:00 PM; Tuesday, Thursday through Saturday from 10:00 AM to 6:00 PM. This location is scheduled to go through a renovation. Tenative closure timeline is December 2024 through August 2025. Janitorial services will not be needed during construction closures. A. Staffing general assignments are as follows: • Monday through Saturday— 8:OOAM to 10:OOAM • One Day Porter—Assigned to Newhope Library City of Santa Ana RFP 24-076 Page 41 of 73 CITY OF SANTA ANA General Description of Duties: These positions will be assigned to different sections of the Main Library with the primary function of cleaning the facility before it opens to the public. Maintain all public areas and Administrative Offices clean and free of trash and debris. Clean public and employee restrooms on a regular basis. Daily restock all paper supplies. Wipe down and sanitize countertops, tables and chairs. Dust open areas and bookshelves, as needed. Remove all trash from receptacles and place new liners each time. Ensure cobwebs and debris are removed from the exterior of door frames and handles. Computer keyboards and mice in public areas should be cleaned and disinfected using products that are safe for electronic equipment. Patio furniture and seating areas shall be cleaning. By 9:00 am, all staff areas are to be completed. By 10:00 am, all public areas are to be completed. Additional duties as assigned. • One Janitor—Assigned to Newhope Library General Description of Duties: Same as listed above for Newhope Library Janitor V. DELHI LIBRARY The Delhi Library is located at 505 E. Central Ave, Santa Ana, CA 92707. This location is scheduled to tentatively open in December 2024. This location's interim hours during Main Library closure are Monday through Thursday from 10:00 am to 8:00 pm, and Friday through Saturday from 10:00 am to 6:00 pm. Delhi Library's permanent hours once Main Library re-opens will be Tuesday through Wednesday from 12:00 pm to 6:00 pm, Thursday from 12:00 pm to 8:00 pm and Saturday from 10:00 am to 6:00 pm. Please note that once Main Library re-opens,janitorial services will no longer be needed on Mondays and Fridays at this location. A. Staffing general assignments are as follows: • Monday through Saturday - 8:OOAM to 10:OOAM • One Day Porter—Assigned to Delhi Library General Description of Duties: These positions will be assigned to different sections of the Main Library with the primary function of cleaning the facility before it opens to the public. Maintain all public areas and Administrative Offices clean and free of trash and debris. Clean public and employee restrooms on a regular basis. Daily restock all paper supplies. Wipe down and sanitize countertops, tables and chairs. Dust open areas and bookshelves, as needed. Remove all trash from receptacles and place new liners each time. Ensure cobwebs and debris are removed from the exterior of door frames and handles. Computer keyboards and mice in public areas should be cleaned and disinfected using products that are safe for electronic equipment. Patio furniture and seating areas shall be cleaning. By 9:00 am, all staff areas are to be completed. By 10:00 am, all public areas are to be completed. Additional duties as assigned. B. Monday through Saturday — 3:OOPM — 5:OOPM City of Santa Ana RFP 24-076 Page 42 of 73 CITY OF SANTA ANA • One Janitor—Assigned to Delhi Library General Description of Duties: Same as listed above for Delhi Library Janitor. Staff lounge and kitchen areas are also to be cleaned. VI. CORPORATE YARD The Santa Ana Corporate Yard is located at 220 S Daisy Ave, Santa Ana, CA 92703. The Corporate Yard is open Monday through Friday from 6:30 AM to 5:00 PM. A. Staffing general assignments are as follows: • Monday through Friday - 6:30AM to 3:30PM • One Day Porter—Assigned to Corporate Yard General Description of Duties: Primary duties include keeping all public areas clean and free of trash and debris. Consistently check and clean the public restrooms, throughout the day, as needed, restock all toilet paper, paper towels and seat cover dispensers. Clean and disinfect, as needed, public areas at Corporate Yard. Clean, as needed, lunchrooms and employee restrooms. Attend to any emergency clean-ups as requested by City. City of Santa Ana RFP 24-076 Page 43 of 73 p '1 r CITY OF SANTA ANA EXHIBIT I-H SCOPE OF SERVICES GYMNASIUM DAY PORTER SERVICE STAFFING REQUIREMENTS A high level appearance and a safe surface underfoot require scheduled, daily preventative maintenance as specified below. The City currently has two gymnasiums at Jerome Center Gym located at 726 S. Center St. and Salgado Gym located at 706 N. Newhope St. Hours of operation for Jerome Center Gym are Monday through Friday, 8:00 AM to 9:00 PM, and Saturday from 9:00 AM to 2:00 PM. Hours of operation for Salgado Gym are Monday through Friday, 8:00 AM to 9:00 PM, Saturday 8:00 AM to 4:00 PM, and Sunday 9:00 AM to 4:00 PM. I. Gymnasium General — Daily Maintenance • Clean walls and doors free of smudges, ball marks, and any other marks. • Clean any fixtures and/or appurtenances by wiping them free of marks, dust or any other unclean material. • Clean bleachers of trash, spills, stains, dust, dirt, etc. Wipe down bleachers handrails. • Clean, sanitize, and polish all steel surfaces including but not limited to metal hardware, door handles/plates, etc. • Clean all interior and exterior door glass. • Polish all panic bars and kick rails. II. Gymnasium General —Weekly Maintenance • Dust vents and other appurtenances up to 12' high. • Clean up and organize storage areas. • Clean and disinfect wall coverings, dust, marks, etc. up to 12' high. • Wipe down baseboards free of dust, marks, etc. • Clean walls above 12' high. • Clean basketball backboards free of smudges, ball marks, dust, etc. III. Gymnasium General — Yearly Maintenance • Dust off and clean hanging ducts, score boards, etc. Note, that the Contractor shall be responsible for the annual cleaning of the Salgado Gym duct work. Should the Contractor elect to sub-contract this work, they shall notify the City and the City shall instruct the sub-contractor on the process to become a City vendor. The sub- contractor shall be approved by the City Purchasing as a City vendor before performing any work. IV. Gymnasium Floor- Daily • Matting- Contractor shall provide and replace as often as necessary U.S. Matt & Rubber Corporation entrance guard mats (or approved equal) at each outside and inside entry door directly leading into the gymnasium. The mats will be sized to cover the entire width of all doors in order to protect the gymnasium floor from dirt, moisture, and other materials ham1ful to the gymnasium floor. • Dust Mopping-An essential element of preventative maintenance of wood sports flooring is daily dust mopping. i. Contractor shall use Algoma Mop Manufacturers "Mariner" mops (or City of Santa Ana RFP 24-076 Page 44 of 73 p '1 r CITY OF SANTA ANA approved equal) that have been treated with Hillyard Super Hil-Tone, Hil- Mist, or Hil-Treat products, to remove dirt and grit that acts like sandpaper underfoot in wearing away the gloss and protective coating on the flooring. Contractor shall clean the entire gymnasium wood floor surface daily. ii. Contractor shall treat dust mops by following manufacturer instructions. Dust mops must never be used immediately after being treated. Contractor shall rotate dust mops daily. Contractor shall always brush out or vacuum the dust mops after each daily use, retreat the mop, and hang overnight for the next use. • Spot Mopping and Damp Mopping- Contractor shall also provide daily preventative maintenance of gymnasium wood sports flooring by removing spills and soil that daily dust mopping does not remove. It is important to remove spills as soon as possible to prevent slips and falls. For removal of blood, fecal matter, urine, and other potentially infectious materials as outlined in OSHA Regulation 29 CFR 1910.1030, Contractor shall use the Hillyard Bodily Fluid Disposal Kit (Item No. HIL0018204) V. Gymnasium Floor— Bi-Weekly • Mop the entire gym floor once every two weeks using a ratio of 1-gallon warm water to 1-cup white vinegar to 1-cup rubbing alcohol. Change water frequently to avoid mopping with dirty water, thereby, spreading dirt and grime throughout gym floor. VI. Procedures • Set out "Wet Floor" signs. • Mix Super Shine-All at 2oz. per gallon of water in a mop bucket, or 1 oz. per gallon in an auto-scrubber. • For spills, soak mop in the solution, wring out, and mop the floor area while absorbing the spill. • Re-soak the mop in the cleaning solution, wring out, and mop the area a second time. • When damp mopping the entire floor, change the cleaning solution when it becomes cloudy with dirt. NOTE: Do not mop heavy amounts of cleaning solution onto the floor. • If auto-scrubbing, use a new white pad. • Allow the floor to dry thoroughly before removing "Wet Floor" sings. VII. Spot Removal • Remove heel marks, gum stains, etc. daily being careful to not damage the floor. Areas affected by removal of marks, gum, stains, etc. shall be refinished following Hillyard's refinishing specifications. City of Santa Ana RFP 24-076 Page 45 of 73 `°k CITY OF SANTA ANA EXHIBIT 1-1 SCOPE OF SERVICES COMMUNITY CENTERS I. COMMUNITY CENTERS — DAILY MAINTENANCE • Restock all supplies daily so dispensers are completely full. Replace vandalized dispensers with approved manufacturer and model dispensers to City staff specification upon discovery. Dispensers will be provided by the City. All supplies shall be provided by the contractor. • Flush toillets and urinals prior to finishing and add approved products. Replace waterless urinal filters with approved urinal manufacturer's cartridges as often as necessary to prevent foul odors and urine back-up. Waterless urinal manufacturer's specified cartridge. • Check toilets and urinals for stoppages and use plunger and/or hand auger to unplug. Note that should the Contractor be unsuccessful in unplugging the toilet or urinal causing the City to unclog the unit, and the clog is unplugged by plunger and/or hand auger, the cost for this service will be deducted from the Contractor's next monthly invoice. • If stoppages cannot be unplugged or if other plumbing problems are noticeable, cover the urinal/commode with a trash liner then notify the City's Representative immediately. • Remove all stains, dust, litter, debris and otherwise foreign matter on all interior surfaces including doors, sills, partitions, floors, walls, ceilings, windows, etc. This includes, but not limited to, wads of paper stuck on ceilings, tape, etc. • Empty, clean and sanitize receptacles inside and out. All trash receptacles shall be emptied daily and returned to their intial location. This shall include those trash receptacles located in work stations, patios, balconies, parking areas, and centralized areas, as well as any placed outside entry doors. Replace plastic waste receptacles liners so they are neat in appearance. All receptacles shall be emptied daily and returned to their initial location. All collected trash from such receptacles shall be removed from the area and deposited in a designated trash dumpster or trash receptacle in such a manner so as to prevent the adjacent area from becoming littered by said trash.Soiled or torn trash receptacle liners shall be replaced with a new liner provided by the Contractor. Liners shall be replaced in such a manner as to present a neat and uniform appareance. • Carpeting & Rugs i. Vacuum all carpeted-rug areas wall-to-wall including areas immediately adjacent walls and other obstacles. Contractor may elect to sweep these areas out by hand first before vacumming. • Tile and other resiliant floors and walls shall be swept, mopped using approved germicidal cleansers, and buffed/polished to a non-streaked consistent in appearance luster. • Clean, dust and sanitize all surfaces inside and out, including walls, blinds, drapes, City of Santa Ana RFP 24-076 Page 46 of 73 yr_ CITY OF SANTA ANA book cases, books, doors, partitions, door/window jambs, vents, light fixtures, ceilings, windows, window sills, mirrors, computers, telephones, speakers, wall boards, pictures, etc. • Clean, sanitize interior and exterior of kitchen appliances, cabinets, washbasins, floor drains, and around all fixtures to remove mineral deposits, water spots, dirt, grim, and any other unclean condition. Polish all metal fixtures surfaces, inside and out, including but not limited to toilets, drinking fountains, urinals, plumbing, sinks, flush valves, kitchen vent hoods, mounting plates, dispensers, nuts, screws, traps, hose bibs, water connections, handrails, mirrors, etc. using approved products. • Kitchen & break rooms i. Wash and dry dishes and put away. Clean and sanitize counter tops, tables (surface and hardware, legs, etc.), vending machines, display cases, etc. • Furniture i. Clean, dust, vacuum, disinfect, and polish furniture including but not limited to chairs, tables, cabinets, computers, televisions, exterior of potted plant pots, etc. using approved germicidal cleanser. • Lamps (lighting replacement) i. Inspect and replace burned out interior and exterior lights at the Contractor's expense using approved products. • Locker Room i. Clean and disinfect lockers (inside, outside, and tops) using approved germicidal cleanser. Throw away any trash found in unlocked lockers or on top of lockers. Clean, sanitize, and polish wood benches and metal hardware. • Showers i. Clean and sanitize shower walls, fixtures and curtains using approved germicidal cleanser. • Exterior of Building i. Pick-up, clean, sanitize, and remove trash and debris, including but not limited to feces, urine, paper, within 10' feet of the building in each direction.Contractor shall remove cobwebs from overhead surfaces and lights affixed to the building entryway areas. This includes cleaning the exterior of glass and metal doors, door thresholds and hardware. • Exterior Building Service i. Clean exterior of the building free of all foreign materials including paper wads, confetti, tape, slap tags, cob webs, dust, etc. • Outside Patios, Balconies, and Building Entryways i. Remove cobwebs from overhead surfaces, lights, and other amenities City of Santa Ana RFP 24-076 Page 47 of 73 yw_ CITY OF SANTA ANA affixed to the building entryway areas. This would include cleaning the exterior of glass and metal doors, door thresholds and hardware. Remove any litter, cigarette butts or bird droppings. • Entrance Glass, Mirrors and Workstation Glass i. Thoroughly clean both sides of all surrounding building entry door glass and office and windows for a uniform appearance free of all smudges, fingerprints, stains, streaks, lint, etc. Remove any paper and/or tape. Clean all mirrors in restrooms, locker rooms and fitness center in the same manner as noted above. Spot-clean workstation and/or partition/sneezeguard glass daily as needed. • Entrance Mats i. Remove moisture, wet or dry soil, and any debris from carpeted, rubber and/or other material mats. Ensure mats are properly positioned on the floor. Contractor to provide and replace mats as often as necessary. • Stain Removal on Carpet, Upholstery, Partition Panels and Walls i. Clean and /or remove all stains as quickly as they are discovered so as not to allow them to set into the fabric. If the stain is a coffee spill, use a contractor-supplied product similar to Interface Coffee Breaker and follow the manufacturer's recommended procedures. Do not blot or attempt to extract. Simply spray the affected area(s). • Remove slap tags, graffiti and any other materials used to deface the building and its amenities. • Replace burned out lights (at the contractor's expense). Turn off lights once work is completed. • "Offices, Stadium Press Box, Closets, Storage Rooms," Restrooms, Showers and Locker Rooms. II. COMMUNITY CENTERS —WEEKLY MAINTENANCE • Spray and Buffing of Hard Floors i. Clean and restore a uniform glass and protective finish to a resilient tile or terrazzo floors that are finished with a floor finish. All chairs, trash receptacles, etc., shall be tilted or moved where necessary to spray buff underneath. The entire floor shall have a uniform coating of floor finish. All spray buff solution shall be removed from baseboards, furniture, trash receptacles, etc. • Dusting of Ceiling, Atrium Ledges, Lunchroom Drywall Ledges and HVAC Wall Vents i. Clean all HVAC vents and areas immediately surrounding them. Dust all atrium ledges at the glass/wood railing areas and at the atrium stairs. Dust lunchroom drywall ledges. Care shall be taken not to spread dust into the air. City of Santa Ana RFP 24-076 Page 48 of 73 yr_ CITY OF SANTA ANA • High Dusting i. Remove dust, cobwebs, oily film, etc., from all fixtures and surfaces above 11 feet from the floor surface. This would include lights, grills, light fixtures, pipes, sprinkler systems, cables, ledges, walls, atrium wood and ledges, ceilings, vents, etc. Care shall be taken to not spread into the air. • Inspect shower curtains. If curtains are worn, the Contractor shall replace them at his own expense with a shower curtain product acceptable to the City's Representative. • Clean light fixtures and protective coverings inside and out using approved germicidal cleanser. III. COMMUNITY CENTERS — MONTHLY MAINTENANCE • Carpeted Floors i. Pile lift carpet floors in all areas. • Carpeted Floors - *Bi-Monthly* i. Spin bonnet all carpeted floors every two (2) months. *(calculate to monthly cost for bidding purposes). January; March; May; July; September and November. • Tile Floors i. Spray buff all the floors. Clean and resurface floor surfaces using approved products per the manufacturer's specifications. • Use pumice stone or other product/tool to remove mineral buildup from around fixtures in the restroom. • Pressure-wash all exterior wall and pavement surfaces to remove dirt, gum, dust, debris, stains, etc. to within 25' of the building. IV. COMMUNITY CENTERS — QUARTERLY MAINTENANCE • Tile Floors i. Strip and wax all the floors quarterly. *(calculate to monthly cost for bidding purposes) V. COMMUNITY CENTERS — BI-ANNUNAL MAINTENANCE • Carpeted Floors - *Semi-Annually* i. Extract clean carpeted floors two (2) times per year. *(calculate to monthly cost for bidding purposes) April and October. • Scrub floors and base boards completely clean of dirt, grim, stains, etc. using a power walk-behind floor scrubber and hand held power scrubber being careful not to damage flooring. City of Santa Ana RFP 24-076 Page 49 of 73 EXHIBIT I EXHIBIT I-J SCOPE OF SERVICES PROPERTY MASTER LIST Total Square Carpet Tile Break Conference Nightly Day No. Location Footage Square Square Restrooms Showers Rooms Rooms Cleaning Porter Operating Hours Comments Footage Footage Servicer City Hall 8AM-5PM M-F Contractor responsible for 1 20 Civic Center Plaza 79,380 55,622 23,758 28 - 10 14 X X Closed every other providing parking for day porter (8 Floors) Friday working M-F City Hall-Council 8AM-PM M-F Contractor responsible for 2 Chambers 27,289 2,500 24,789 2 - - 1 X Closed every other providing parking for day porter 20 Civic Center Plaza I I I Friday working M-F Ross Annex 8AM-5PM M-F Contractor responsible for 3 20 Civic Center Plaza(4 74,000 69,000 5,000 10 - 5 12 X X Closed every other providing parking for day porter Floors) Friday working M-F Main Library Contractor responsible for 4 26 Civic Center Plaza, 39,790 39,500 290 10 - 2 2 X X LOAM-8PM M-Th 10AM-6PM F-Sat providing parkingfor day porter Santa Ana,CA 92701 working M-F Corporate Yard 5 Public Works Admin. 28,500 14,200 14,300 7 13 1 2 X X 7AM-4PM M-F Bldg.A 220 S.Daisy Ave Corporate Yard 6:30AM-5PM M-F This includes restroom in 6 Public Works Fleet 11,940 - 11,880 7 4 2 5 X Closed every other Southeast corner of parking lot Bldg.J 220 S.Daisy Ave Friday by Fleet. Corporate Yard 7 Public Works Stores 3,570 - 3,570 2 - 1 2 X 6:30AM-5PM M-Th Bldg.A 7AM-4PM F 220 S.Daisy Ave Santa Ana Regional Main Lobby Hours: 8 Transportation Center 34,453 30,419 4,034 10 - 3 5 X X 5AM-midnight (SARTC) 1000 E. 2nd-5th Floors: Santa Ana Blvd 8AM-5PM M-F 2PM-7PM M-Th 9 Newhope Library 8 987 8,100 887 5 - 1 1 X X Closed Friday 122 N.Newhope 10AM-5PM Sat Closed Sunda Delhi Library 1OPM-6PM T-W 505 E.Central Ave, 2,465 X 12PM-8PM Th 10 Santa Ana,CA 92707 10AM-6PM Sat Police Athletic and 11 Activity League 7,783 7,500 283 5 - 1 - X 10AM-6:30PM M-F 2627 W.McFadden Ave Southwest Senior 12 Center 10,264 2,586 7,678 3 - 1 1 X 8AM-9PM M-Th 2201 W.McFadden Ave 8AM-6PM F Corbin Center 13 2215 W.McFadden Ave 6,914 5,700 1,214 3 - 1 - X 8AM-9PM M-F Santa Ana Senior 14 Center 9,447 5,558 2,889 3 - 1 - X 8AM-5PM MWF 424 W.3rd St. 8AM-8PM TTh 15 Jerome Center 726 15,348 198 9,150 3 11 - _ X 8AM-9PM M-F Includes 6,000 sq.ft.f S.Center St. 9AM-2PM Sat gymnasium floor 16 Santa Anita Center 300 7,820 - 7,820 8 - 2 1 X Under construction S.Figueroa St. El Salvador Center 17 1825 W.Civic Center 6,720 - 6,720 2 - 1 - X 8AM-8PM M-F Drive Rosita-Salgado Center, 8AM-9PM M-F 18 Pool,and Gym 22,000 22000 6 2 1 X 8AM-4PM Sat 706 N.Newhope St. 8AM-4PM Sun 19 Logan Center 1,620 1620 2 X Under construction 1009 N.Custer St. 20 Santiago Nature Center 3,007 3007 2 X 10AM-4PM Everyday 510 E.Memory Lane Santiago Lawn Bowling Reservations Only- 21 Center-Both Levels 3,087 3087 4 X Come everyday 510 E.Memory Lane before 7AM Garfield Community 22 Center 11,140 11140 1 X 12PM-7PM M-F 501 N.Lacy Avenue Stadium-Press 23 Box/West&East 9,500 9500 13 ; c_ X Mon-Sun Times Restrooms/West&East Varies Concession Bldg/Locker Memorial Aquatic 24 Center 6,098 6,098 5 11 1 1 X New Center Coming Soon 2102 S.Flower St. 25 Sandpointe 900 900 2 X Closed 3700 S.Birch St. 26 Cypress Center 3,263 3,263 3 1 3 X Under construction 625 S.Cypress Ave Centennial Office- Offices,Restrooms, 8AM-5PM M-F 27 Training Rooms, 6,146 6146 3 2 1 2 X Closed every other Nursery Centennial Friday Road *This site does not have a dumpster on-site.Trash gathered and retrieved will need to be transported to one of the other City sites identified in this RFP —Locations in grey will be added Year 2 of this contract w "1 CITY OF SANTA ANA EXHIBIT II SAMPLE AGREEMENT CONSULTANT-AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this day of 20_ by and between , ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and law/the o of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of: B. Consultant represents that Consultant is able and willing to provide such serry ices �to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting 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 agreeaa follows: 1. SCOPE OF SERVICES Consultant shall perform during the term\oftAgree t, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services -Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATIONS a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the erm of this Agreement shall not exceed $xxxxxx. Payment by City shall be made within forty-five (45)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 [enter a Start Date or"the date first written above"] for a three (3)year term with the option for the City to grant up to a two(1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable City of Santa Ana RFP 24-076 Page 53 of 73 (9) CITY OF SANTA ANA standards and regulations governing such services. Consultant 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 Consultant under this Agreement ("Documents & Data"). Consultant 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. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant 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 (Subject to revision per RMD requirements) Ilk Contractor shall procure and maintain for the duration of the agreement,the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • 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. • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. • Workers'Compensation(W/C): 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, per employee, per policy for bodily injury or diseT i equirement can be waived if Vendor has no employees. Wk If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Cit . er Insurance Provisions he insurance policies are to contain, or be endorsed to contain, the following provisions: GL and Aolicies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Permittee including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. All required insurance policies: Insurance company(ies) agrees 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 Permittee for City. 3. All required insurance policies: For any claims related to this contract, Permittee's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Permittee'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. City of Santa Ana RFP 24-076 Page 54 of 73 w "1 CITY OF SANTA ANA 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, 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 shall be provided to City for policy cancellation or non-renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), 20 Civic Center Plaza M-XX (Responsible Staff's Department Mail Box), Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses an lated investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers "Ar Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Permittee shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Permittee's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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 ee (3) years after completion of work. 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. p;DErMsN s or Circumstances i the right to modify these requirements, including limits, based on the nature of the risk, prior xnsurer, coverage, or other special circumstances. 7. IFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, 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 Consultant 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 City of Santa Ana RFP 24-076 Page 55 of 73 (9) CITY OF SANTA ANA action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. 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 Consultant 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 Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performe under this Agreement. Consultant 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 Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant 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. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreemen r a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant 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 Consultant disclosed in a publicly available source; (c)is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. ONFLICT OF INTEREST CLAUSE Consultant 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 Consultant 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. Consultant 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 City of Santa Ana RFP 24-076 Page 56 of 73 (9) CITY OF SANTA ANA 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 Consultant 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 isOr bodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant 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 fined by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termina ion. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant 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 Consultant 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 Consultant 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. Nright 14 16. WAIVER No waiver of breach,failure of any condition, oemedy 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. s 18. PROFESSIONAL LICENSES Consultant 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. Consultant 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. 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: City of Santa Ana RFP 24-076 Page 57 of 73 (9) CITY OF SANTA ANA 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: Executive Director, -------Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 Fax: To Contractor: First& Last Name Title Consultant Firm Name Nor Address City, State, Zip Fax: A party may change its address by giving no, in 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. 20. 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 The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. City of Santa Ana RFP 24-076 Page 58 of 73 (9) CITY OF SANTA ANA ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk Acting City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney By: Assistant City Attorney (name) (title) RECOMMENDED FOR APPROVAL: Executive Director [INSERT] Agency SAMPLE ONLY City of Santa Ana RFP 24-076 Page 59 of 73 N O N i 5 � � ....,- 1 — �r O +� L _ +"I w LU oil F = U) c w �� m � 0 z J UotSQ rNk �r od w z co ZOLL a i Q p Za = rt �i -- a I u J N L pan # 4 O Q a v y } } X m W •7 it 'i it IL � � � UJ �W fl_ W • — r 1� W > i W M --ter+ 11 T '11T ro':�'",�,'.:, a' . ,# N u. CD ('7 LL LO Lu LLJ F7 IF, '—V� l Q F _ Qffy „ n _ _ rr Q Z 0 0� •, •r'� Y"�MTrf3` Qw � w �_ r ' � ZQ O W Z U) QQ x zU) z - Z ti F ~ OIL +. Q O V uJ a r' } F Z s � Q U) IP d � 5 w � •' LU`r Q N y T\ 'AlF Q i . Z cl sue, - • - p Q W ak W d of N N & O LU LLJ LU CO cl LO - MY K F.C l_. � z < " C - QwZ Q � c7Q p +,r Q Q .. � Yz 0 SOU— � O taw _ V Ar +•l i 0 a r - I�' � r rJFF - �F r W v +: s ��/FF�� c 'r N z0 0 m = O ` Q 7 ' O Q X W " y r c ■F LU LLJ lip { r - N Q w LU rs t i r W — � Y' d LU •� �'' ON f � 116ui i LTi `'�• x , , i. } II I I � - „L • - L T LU ui ` ;. ui ui f 7Sy CITY OF SANTA ANA ATTACHMENT A-1 PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-076 Page 64 of 73 CITY OF SANTA ANA ATTACHMENT A-2 FEE SCHEDULE MAINTENANCE SERVICE BY SITE *PLEASE USE ATTACHED EXCEL SPREADSHEET TO COMPLETE ATTACHMENT A-2 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-076 Page 65 of 73 CITY OF SANTA ANA ATTACHMENT A-2 FEE SCHEDULE ADD-ON SERVICES *PLEASE USE ATTACHED EXCEL SPREADSHEET TO COMPLETE ATTACHMENT A-2 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-076 Page 66 of 73 CITY OF SANTA ANA ATTACHMENT A-3 STAFFING LEVELS *PLEASE USE ATTACHED EXCEL SPREADSHEET TO COMPLETE ATTACHMENT A-3 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-076 Page 67 of 73 CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: Contact Individual: Address: Phone Number: EMAI L: Contract Amount: Year: Description of supplies, equipment, or services provided: REFERENCE Customer Name: Contact Individual: Address: Phone Number: EMAI L: Contract Amount: Year: Description of supplies, equipment, or services provided: REFERENCE Customer Name: Contact Individual: Address: Phone Number: EMAI L: Contract Amount: Year: Description of supplies, equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-076 Page 68 of 73 CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery(as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-076 Page 69 of 73 CITY OF SANTA ANA ATTACHMENT D NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of County of Subscribed and sworn to (or affirmed) before me on this day of 120 , by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-076 Page 70 of 73 `°k CITY OF SANTA ANA ATTACHMENT E NON-LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-076 Page 71 of 73 `°k CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 1. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract City of Santa Ana RFP 24-076 Page 72 of 73 11�4j- CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-076 Page 73 of 73 0 DATE(MMfDDYYYY) ACC>RV CERTIFICATE OF LIABILITY INSURANCE 09/16/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE MOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT Newtown Insurance Agency NAME: I. V.[ CHA 1458 S San Pedro St# 1� �kni PHONE z 1-11— � tat Iy[J II Axt,WW"�OTA 8 Los Angeles, MESS: ' ch INSURERS AFFORDING COVERAGE NAIL## -1 P ■ INSURER A: EV) `TS TJJ S INSUREDINSURER B:DF 7 TONRAIA 1C VALLEY MAINTENANCE CORPORATION INSURER C: LT .ITL'� � TES LIARJv1It= I'Y TNS C. 25895 INSU[N � CVO G 11759 TELEG AP ROAD E . � �E 1NS4 S,A.NTA FE SPRINGS 0� � INS a fILU TNT�.�'��T�F� COMPANY COVERAGES TIFrC - I�rl �`�, ER: THIS IS TO CFRTIFY THAT E P L lE F L FD H TC13 D FQ@ HILI I D INDICATED, NCT�'�''ITH STANDING ANY REQUIREMENT, TERM OR CONDITIC F. OF -.NY CONTRACT C CT E ;zI RES P W ]s CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFC',DEr BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO .ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY KL VL BEEN REDUCED BY PAID CLAIMS. INSIR; ADDL SUBR POLICY EFF POLICY EXP L.TIR TYPE OF INSURANCE Mil wvp POLICY NUMBER MMJDDlYYYY MMJDDfYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2 r 0 0 0 f 0 0 G 3AA699179 08/13/2024 08/13/20215 DAMAGETORFNT17D CLAIMS-MADE OCCUR PREMISES Fa occurrence $ 1��f ��� PRIMAPY NON—CONTRIB�TL)RY MED EXP(Any one person) $ -5 r()00 ON GOING AND COMPLETED OPS END PERSONAL&dADV INJURY $ 2 f O O Q f O O O GENT ACGREGATE LIMIT APPLIES PER- GENERAL AGGREGATE 2 r 000, 000 POLICY pRO JEOT ❑ LOB PRODUCTS-COMPOP AGG $ I NUDE OTHER: $ 2 5 r O C O COMBINED SINGLE LIMIT AUTOMOBILE BILE LIABILITY 03370309 C 9/12/2 0 21 C i f 12 f 2 D 2 5 Ea accident $ L C O O r O O O ANY AUTO BODILY INJURY(Per perSern) $ B ALL OWNED SCHEDULED x x BODILY INJURY(Per accident) $ AUTOS AUTOS NON!-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accid-ent $ UMBRELLA LIAB OCCUR L 15 7 8 0 O F U 5/02}'2 0 24 0 5/0 212 0 2 5 EACH OCCURRENCE $ 5 r o c c f c o o (' EXCESS LIAR CLAIMS-MADE AGGREGATE S 5 r o c c f o o o DER I DETENTION$ PRODUCTS—COM/OP AGG S iroocr000 WORKERS COMPENSATION ��{1�I�[��� 0��'13,����5 STATUTE ��H- AND EMPLOYERS'LIABILITY YIN W SA 5 0 3 7 4 9 ANY PRaPRIETCR,fFARTNER/F-XFCUTIVE E-L.EACH ACCIDENT S i r o c c r O O o D OFFICER�1MdEMBER EXCLUDED? ry—] N f A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S if 000 f 0 Q o BUSINESS SERVICE DISHONESTY BOND 0 8/11./2 0 2+0 8/11/2 0 2 5 F LIMIT OF LIABILITY �32���� 25r 0Q0 F PROPERTY NN1613994 10/29/2024 10/28/2025 20r 000 13ESCR IP riom OF OPERATIC N5 t LOCATIONS I'lr HICLI;S ACC RD 101.Adaltiona',Remarks Schedule,may If ma re space A req uiredi Agreement Nun-they:A-2 d21-043 City of Santa Area,officers,agents,employees,and volunteers are named as additionally insured on this policy pursuant to written contract, agreemelnt,,or memorandum of understanding,Such insurance as is afforded by this policy shall be primary,and any insurance carried by City shall be excess and noncontributory," This Policy may be canceled by the Company by giving to the insured and to the additional insureds Indic ated on the certificates of insurance issued during the term of this policy,at least Thirty(30)days written notice of cancellation or in the case of non--payment of premiurnr at least tern(10)days'written notice of cancellation," CANCELLATION CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPiRATIC]N DATE THEREOF- NOTICE WILL RE DELIVERED IN RISK MANAGEMENT DIVISION ACCORDANCE WITH THE POLICY PRC 16k Mougpinmt D-nuum 20 CIVIC CENTER PLAZA,4TH FLOOR AUTHORIZED REPRESENTATIVE 4 y`r REVIEWED&APPROVE?BY.- e r SANTA ANA,CA 92702 Risk Man,cigemenr apeci�list 1988-2014 ACORD ACORD 25(2014f01) The ACORD name and Ingo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 3AA699179 MAR EU E AN T N I N S U RAN C E COMPANY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTFCTIVE LIABILITY COVERAGE FORM PROD UCTS/COM PLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Additional Premium: $Included (Check box if fully earned H) Please refer to each Coverage Form to determine which terms are defined.Words shown in quotations on this.endorsement may or may not be defined in all Coverage Forms. A. Who Is An Insured is amended to include as an additional insured any person or entity to whom you are required by valid written contract or agreement to provide such coverage, but only with respect to"bodily injury","property damage"' (including"bodily injury"and"property damage"included in the"prod ucts-co m pleted operations hazard"),and"personal and advertising injury" caused, in whole or m part, by the negligent acts or omissions of the Named Insured and only with respect to any coverage not otherwise excluded in the policy. However-, 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. The insurance afforded to such additional insured will not be broader than that which you are required by the valid written contract or agreement to provide for such additional insured. Our agreement to accept an additional insured provision in a valid written contract or agrooment is not an acceptance of any other provisions of such contract or agreement or the contract or agreement in total. When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured. No coverage applies to such additional insured for injury or damage of any type to any"ernployeell of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such injury or damage. B. With respect to the insurance afforded to these additional insured, the following is added to limits of insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the valid written contract or agreement: or 2. Available under the applicable limits of insurance shown in the Declarations; whichever is less. This endorsement sh@Jl not increase the applicable limits of insurance shown in the Declarations. All other terms and conditions remain unchanged. RIF-mox/Er->&APPRovm Or. MEGL 0009-01 09 18 Includes copyrighted material of Insurance Services Office, In( with its permission. Risk Martagement spearlitsi COMMERCIAL GENERAL LIABILITY POLICY NUMBER-. 3AA699179 MAMr E N T N INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET 'I AI EF F TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies inSLirance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Person Or Organization: Any person(s) or organization(s)with whom the Named I nSLired agrees, in a written contract executed prior to the "occurrence", to waive rights of recovery Additional Premium: $ Included Tl e following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV Commercial Generai Liabilfty Conditions: We waive any right of recovery we may have against any person or organization shown in the Schedule of this endorsement. This waiver applies only to the person or organization shown in the Schedule of this endorsement. All other terryis and conditions remain unchanged. 1,FJj­ CZI 1, R14 Managanad Dhbian REviewED&APPRGVM B%ir: ME 0241-01 05 16 Includes copyrighted material of Insurance Services Office, A4,f�i Aei4, with its permissJon. Rnk Planagrment Speci.-Oist DATE (MMIDDYYY) ACCWV� lYCERTIFICATE OF LIABILITY INSURANCE �■�.� 09/16/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Newtown Insurance Agency 1 NAMEACT SI7 V.I C H A 1458 S San Pedro St #212AIL � �1 . PHONE 1-i_ AX a Los Angeles, CA 90D15 ♦y �, ADDRESS: 5'V ch INSURED VALLEY MAINTENANCE CORPORATION 11759 TELEGRAPH ROAA SANTA FE SPRINGS 0 COVERAGES TIFIC M FI INSURER(S) AFFORDING COVERAGE NAIC# A: EV; JS ILTDIS 5 B:DF_ t T A C c: U .TT� SfATES LTAB TY INS CO 25895 D: CW GrV. A. A7 F SURE E T CE 1LTLUS INb ,-'11NCR COMPANY aFVK;0A6NLE61RFR• _ _ ■ ■ THIS IS TO CERTIFY THAT E POL IE E L ED H N IftAff TD OP FCC H LI I D INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITIOr. OF ANY CONTRACT O OT Bit I RESP O W IS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFO',DE' BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HhV-- BEEN REDUCED BY PAID CLAIMS. I yN,TR TYPE OF INSURANCE INSO ADDL WVDSIUB POLICYNUMBER MMI��fYYYY EXP MMIDDYIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2, 000, O O 0 DAMAGE TO RENTED PREMISES Ea occurrence $ 100, 000 CLAIMS -MADE � OCCUR 3AA699179 08/13/2024 08/13/2025 Y PRIMARY NON—CONTRIBUTORY MED EXP (Any one person) $ 5,00() ONGOING AND COMPLETED OPS END PERSONAL & ADV INJURY $ 2, 000, 000 A X X AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE $ 2, 000, 000 GENT PRO- PRO- LOC POLICY PRODUCTS - COMPIOPAGG $ INCLUDED $ 25, 000 OTHER, AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ T, coo, 000 03370309 09/12/2024 03/12/2025 {� BODILY INJURY (Per person) $ ANY AUTO B ALL OWNED SCHEDULED AUTOS AUTOS X X BODILY INJURY (Per accident) $ NON -OWNED ]&/ PROPERTY DAMAGEHIRED AUTOS AUTOS Per accident $ UMBRELLA LIAB OCCUR XL157840OF 0S/02/2024 05/02/2025 EACHOCCURRENCE $ 5, 000, 000 AGGREGATE S 5, Q 0 0, 0 0 0 C EXCESS LIA9 CLAIMS -MADE DER I I RETENTIONS PRODUCTS—COM/OP AGG S 11 ()CC, 000 WORKERS COMPENSATION 08/13/2024 08/13/2025 PER OTH- STATUTE I I ER AND EMPLOYERS' LIABILITY YJN WSA5037498 EL. EACH ACCIDENT 5 1,000, 000 ANY PROPRIETORIPARTN{wR/FXECUTIVE D OFFIGERIMEMBER EXCLUDED? Y� N f A X E.L. DISEASE - EA EMPLOYEE S 1,000, 000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I 5 1,000, 000 E BUSINESS SERVICE DISHONESTY BEND LIMIT OF LIABILITY 5329363 C8/11/2024 08/11/2C25 25,000 F PROPERTY NN1613994 10/29/2024 10/28/2025 20,000 DESCAIPrION OF OPERATIONS' LOCAl1ONS I `J�HICL ES fACCRD 101. Adaltlenal Remarks Schedule, maybe atGa: bed IF more space is ray uirsNl Agreement Number : A-2021-043 City of Santa Ana, officers, agents, employees, and volunteers are named as additionally insured on this policy pursuant to written contract, agreement, or memorandum of understanding. Such insurance as is afforded by this policy shall be primary, and any insurance carried by City shall be excess and noncontributory," This Policy may be canceled by the Company by giving to the Insured and to the additional insureds Indic ated on the certificates of insurance issued during the term of this policy, at least Thirty (30) days written notice of cancellation or in the case of non-payment of premium, at least ten (10) days' written notice of cancellation." CANCELLATION CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF- NOTICE WILL RE DELIVERED IN RISK MANAGEMENT DIVISION ACCORDANCE WITH THE POLICY PRC Risk MoragtrtentDi a t 20 CIVIC CENTER PLAZA, 47H FLOOR AUTHORIZED REPRESENTATIVE i _ f�EVIEV7E0&APPROVED 13Y: SANTA ANA, CA 92702 axNo—I.�}- Fl �4c¢t/F Risk Management Specialist © 1988-2014 ACORD IV ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD C COMMERCIAL GENERAL LIABILITY III POLICY NUMBER: 3AA699179 MARKED EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Additional Premium: $Included (Check box if fully earned ®) Please refer to each Coverage Form to determine which terms are defined. Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms. A. Who Is An Insured is amended to include as an additional insured any person or entity to whom you are required by valid written contract or agreement to provide such coverage, but only with respect to "bodily injury", "property damage" (including "bodily injury" and "property damage" included in the "products -completed operations hazard"), and "personal and advertising injury" caused, in whole or in part, by the negligent acts or omissions of the Named Insured and only with respect to any coverage not otherwise excluded in the policy. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. The insurance afforded to such additional insured will not be broader than that which you are required by the valid written contract or agreement to provide for such additional insured. Our agreement to accept an additional insured provision in a valid written contract or agreement is not an acceptance of any other provisions of such contract or agreement or the contract or agreement in total. When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured. No coverage applies to such additional insured for injury or damage of any type to any "employee" of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such injury or damage. B. With respect to the insuranco afforded to these additional insured, the following is added to limits of insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the valid written contract or agreement; or 2. Available under the applicable limits of insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable limits of insurance shown in the Declarations. All other terms and conditions remain unchanged. iuskManagemoifUMian REmFwEo 6 APPRovtn IM MEGL 0009-01 09 18 Includes copyrighted material of Insurance Services Office, Inc `! A.,-, t A64144 With Its permission. RakManagement Speoalist COMMERCIAL GENERAL LIABILITY III POLICY NUMBER: 3AA699179 M IRK EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Person Or Organization: Any person(s) or organization(s) with whom the Named Insured agrees, in a written contract executed prior to the 'occurrence", to waive rights of recovery Additional Premium: $ Included The following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV — Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization shown in the Schedule of this endorsement. This waiver applies only to the person or organization shown in the Schedule of this endorsement. All other terms and conditions remain unchanged. Rine Management Diviskm REVIEWED & APPRC3V®Bl': MEGL 0241-01 05 16 Includes copyrighted material of Insurance Services Office, i iq flccue.�o with its permission. ® �" Rick Management Speck gist