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HomeMy WebLinkAbout19C - RFP - CUSTODIAL SRVS AT CITY PARKSi • CITY COUNCIL MEETING DATE: FEBRUARY 18, 2014 TITLE: REQUEST FOR PROPOSALS FOR PROVIDING CUSTODIAL SERVICES CITY MANA ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the Parks, Recreation and Community Services Agency to issue a Request for Proposals (RFP) to qualified companies to provide custodial services at city park restrooms. DISCUSSION The Parks, Recreation and Community Services Agency ( PRCSA) divides the City into four park maintenance districts. Two companies have provided custodial services for these four districts and their service agreements are due to expire in May 2014. PRCSA is requesting soliciting proposals from custodial service companies for the four park districts. The Request for Proposal will allow PRCSA to solicit competitive pricing and select the most responsive proposal. The recommended custodial service companies will be submitted to the City Council for agreement approval. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT 1: Request for Proposal 19C -1 19C -2 REQUEST FOR PROPOSAL RFP NO. 14 -002 PRCSA FOR PROVIDING PARK{ JANITORIAL MAINTENANCE SERVICES FOR CITY OF SANTA ANA PARK FACILITIES KEY RFP DATES: Issue Date: February 20, 2014 Pre - proposal Conference: February 27. 2014 Proposal Due Date: March 13, 2014 at 5:00 p.m. f61d1Ti NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide janitorial services for the City of Santa Ana park restrooms. Responses to the Request for Proposals (RFP) will be accepted until March 13, 2014 at 5:00 p.m. If further information is required, contact Frank Hernandez at (714) 571 -4218 or fhernandez @ santa - ana.org. All notifications, updates and addenda will be posted on the City's current RFP Bid page at santa- ana.org /bids -rfp. 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. The successful proposer must possess or obtain a valid California C27 Contractor's license prior to the scheduled award date of this contract. MAILED, DELIVERED BY HAND, or COURIERED proposals will be accepted as follows: City of Santa Ana Frank Hernandez, Sr. Management Analyst Parks, Recreation and Community Services Agency -M23 20 Civic Center Plaza, Second Floor, Rm #273 Santa Ana, CA 92701 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e -mail to Frank Hernandez at fhernandez @ santa - ana.org. The receiving time in the Parks, Recreation and Community Services Agency -M23, 20 Civic Center Plaza, Second Floor, Rm #273, Santa Ana, CA 92701, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE DO NOT E -MAIL RFP RESPONSES. DO NOT FAX RFP RESPONSES. Park Janitorial Maintenance Services RFP 14 -002 Page 2 19C -4 CITY OF SANTA ANA SAMPLE REQUEST FOR PROPOSAL FOR TABLE OF CONTENTS I. INTRODUCTION 4 II. PERIOD OF CONTRACT 4 III. OPTION OF RENEWAL 4 IV. FISCAL NONFUNDING CLAUSE 4 V. PROPOSAL DEPOSIT AND PERFORMANCE BOND 4 VI. SCOPE OF WORK/SERVICES 5 VII. GENERAL INFORMATION 5 VIII. COORDINATION 6 IX. PROPOSER RESPONSIBILITIES 6 X. LICENSE REQUIREMENTS 6 XI. INITIATION /KICK OFF MEETING 6 XII. CITY BUSINESS LICENSE 6 XIII. ADDENDA 6 XIV. RULES FOR PROPOSALS 7 XV. PRE - PROPOSAL CONFERENCE 7 XVI. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS 7 XVII. SUBMITTAL INFORMATION AND DEADLINE 7 XVIII. SUBMITTAL REQUIREMENTS 7 XIX. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 9 XX. PUBLIC RECORDS 10 EXHIBIT A SCOPE OF SERVICES 11 EXHIBIT B SAMPLE AGREEMENT 20 EXHIBIT C PROPOSERS CERTIFICATION AND COST PROPOSAL 28 EXHIBIT D OFFERERS REFERENCES 32 EXHIBIT E PROPOSERS STATEMENT 33 EXHIBIT F CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 34 EXHIBIT G RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE 36 EXHIBIT H NONCOLLUSION AFFIDAVIT 36 EXHIBIT I SAMPLE ADDITIONAL INSURED ENDORSEMENT 40 Park Janitorial Maintenance Services RFP 14 -002 Page 3 19C -5 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES INTRODUCTION The City of Santa Ana is issuing this Request for Proposals (RFP) for providing park janitorial services in Districts A- 1- 2 -3 -4, and is interested in receiving proposals from contractors for providing park janitorial services at 37 park facilities listed in Exhibit C. The detailed specification included as Exhibit A describes the quality of work that is expected from the contractor. II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of 24 months with two two -year options to renew. The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required bonds and insurance documents. The projected contract award date is May 20, 2014, with a commencement date of June 1, 2014 and may be adjusted as necessary. III. OPTION OF RENEWAL The term of this agreement may include provision for renewals as set forth in the Scope of Services, attached as Exhibit A. IV. 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. V. PROPOSAL DEPOSIT AND PERFORMANCE BOND A proposal deposit in the amount of five percent (5 %) of the total proposed annual contract amount set forth in Exhibit C shall accompany each proposal. The proposal deposit must be in the form of a bid bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check, or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposers shall be returned upon award of contract by the City. The successful proposer shall supply a payment bond in the amount of fifty percent (50 %) of the successfully awarded total annual contract amount of the proposal prior to execution of the contract. Upon receipt of the payment bond, the proposal deposit will be returned. The proposal deposit is subject to be forfeited if the successful proposer fails to execute the written contract and furnish the required payment bond, or to satisfy any other conditions present within a reasonable time as determined by the City. The payment Park Janitorial Maintenance Services RFP 14 -002 Page 4 19C -6 bond is to be renewed annually and submitted by the contractor in the amount of 50% of the annual contract amount. VI. SCOPE OF WORK/SERVICES The scope of work may include any and all work efforts related to the Janitorial Maintenance Services as set forth in EXHIBIT A - SCOPE OF SERVICES. The contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The contractor shall be responsive and maintain excellent working relationships with City residents, businesses, government officials and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. The contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes. VII. GENERAL INFORMATION A. The term of the contract will begin after the contract award by the City Council and approval of required bonds. B. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The proposer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, attendance at pre - proposal conference, negotiations with City, and /or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. 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 informality or technical defect in the proposal. E. 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 information shall be maintained confidential, to the extent allowed under the California Public Records Act. F. 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 subcontractor(s). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. Park Janitorial Maintenance Services RFP 14 -002 Page 5 19C -7 VIII. COORDINATION Coordination by the awarded proposer with the City, other contractors, and agencies will be required to achieve satisfactory and timely delivery of the required services. Coordination may include, but not be limited to, coordination with neighborhood and civic groups, local and /or state agency boards, and attendance at City Commission, Agency, and Council meetings,. The City will decide the manner in which the coordination efforts with be conducted. At the City's option, coordination efforts may be performed by the proposer's direct contact, by the proposer acting through the City or by the City only. When coordination efforts require agreements, such agreements shall be coordinated through the City. IX. PROPOSER RESPONSIBILITIES The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact 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. X. LICENSE REQUIREMENTS In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a valid California C27 Contractor's license. XI. INITIATION /KICK OFF MEETING 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. XII. 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. XIII. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals. Park Janitorial Maintenance Services RFP 14 -002 Page 6 19C -8 XIV. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company, or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the proposer (Exhibit H). XV. PRE - PROPOSAL CONFERENCE A pre - proposal conference is scheduled for Thursday, February 27, 9:00 a.m. at the City Corporation 220 S. Daisy Civic Center Plaza, Santa Ana, (Library Meeting Room A - Second Floor). The meeting will include a brief discussion of the specifications and will be followed by a question- and - answer session and job walk. All questions must be submitted in written form. After the pre - proposal conference, City will respond by posting and addendum on the City website (santa - ana.org /bids -rfp). It is highly recommended that proposer operation /field supervisors attend this meeting. XVI. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's Bid and RFP page at santa - ana.org /bids -rfp. No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services and Terms and Conditions. Every request for such an interpretation must be made in writing via e-mail to the projects manager no fewer than five (5) calendar days prior to the date and time set for opening of proposals. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XVII. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the date, time, and location set forth on the Notice Inviting Proposals. Faxed and e-mail proposals will not be accepted. XVIII. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal A. One (1) original of the response to the RFP shall be signed by a company official with the power to bind the company. Park Janitorial Maintenance Services RFP 14 -002 Page 7 19C -9 B. Six (6) copies shall also be provided. C. One (1) pdf copy of the submittal on a compact disc, USB flash drive or equivalent. Each firm must address each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM of 20 PAGES (excluding front and back covers, section dividers and exhibits). The page limitation includes all appendices, attachments, and supplemental information. The following information is required: Cover Letter — A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Firm and Personnel Experience: A profile of the firm's experience, including the names and experience of personnel and sub - consultants who will be providing services. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. 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 for an interview. 3. Implementation Plan: Proposer shall submit a general description of the deliverables and timelines to implement the project. 4. Proposal Deposit (Bid Bond): Five - percent (5 %) of the total proposed annual contract amount of the proposal in Exhibit C. EXHIBIT C — PROPOSERS CERTIFICATION AND COST PROPOSAL C. EXHIBIT D — REFERENCES — The Proposer shall submit a list of agencies, past and present, for which you have provided work similar to the scope identified in this RFP (Exhibit A) within the last 5 years. D. EXHIBIT E - PROPOSERS STATEMENT E. EXHIBIT F— CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR F. EXHIBIT G — RESPONSIBLE PROPOSER— SUPPLEMENTAL QUESTIONNAIRE G. EXHIBIT H — NONCOLLUSION AFFIDAVIT H. The proposal must be completely responsive to the RFP. Any deviations to the requirements of this RFP must be included in the proposal. Such exceptions must be included as a separate element of the proposal entitled "Exceptions and Deviations." The Executive Director, in his sole and absolute discretion, may authorize or deny any exceptions. Park Janitorial Maintenance Services RFP 14 -002 Page 8 19C -10 XIX. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to waive minor inconsistencies in submitted proposals. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION The criteria for evaluating the proposals submitted will take the following items into consideration: The response to this Request for Proposals should contain documentation of contractor's credentials and expertise in this field. Consideration will be given to contractors with demonstrable and documented experience in similar work An evaluation committee will review the responses received and interview the companies who submit the most responsive proposals. The following evaluation criteria and weights will be used to evaluate the bids: Capability and Experience of Contractor (25 %) 1. Ability of contractor and his /her ball diamond infield maintenance sub - contractor to obtain the staff and equipment necessary to perform specifications as outlined in the contractor's business plan 2. Qualifications of certified irrigation techs assigned to this job, and number of FTE's assigned. Required documentation must be submitted with proposal. 3. Training and safety precautions taken to perform specifications 4. Experience of supervisory and management staff assigned to the contract 5. The value of any new product or service suggestions or other new ideas or enhancements 6. List of equipment by manufacturer's name, model number, hours in service and attachments to be used during the agreement period. Past Performances (25 %) 1. Past record of performance on contracts of similar size and scope with Santa Ana or other governmental agencies including such factors as reliability, adherence to specifications and compliance with contract terms and conditions 2. Past record of performance on requests for extra work, including ability to accurately bid jobs, cost competitiveness, and quality of work 3. Acceptable, verifiable references and site reviews Cost of Proposal (50 %) 1. Cost of base proposal 2. Cost of specialized services 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 with a score above 70. FOLLOW -UP OF EVALUATION PROCESS BY CONTRACTOR Contractors may follow up on the evaluation of the proposals by contacting Frank Hernandez, via email at fhernandez @ santa - ana.org. Park Janitorial Maintenance Services RFP 14 -002 Page 9 19C -11 The proposals will be reviewed by a committee of City team members. The committee will evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee may interview the top tier of proposers and recommend award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate pricing and for additional terms. City reserves the right to begin negotiations and enter into a contract without interviews or further discussions. XX. PUBLIC RECORDS Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Park Janitorial Maintenance Services RFP 14 -002 Page 10 19C -12 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES SCOPE OF SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for providing park janitorial maintenance services. I. GENERAL CONDITIONS A. FUNCTIONS AND RESPONSIBILITIES 1. City Representative's Authority The City's Representative is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the City's Representative. In the event that the Contractor effects any such changes at the direction of any person other than the City's Representative, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the City's Representative shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The City's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his /her discretion. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub - standard, the City's Representative may recommend that all or a portion of payment be withheld. Payment to be withheld shall be deducted from the next monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The City's Representative, or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. 2. Contractor a) Local Office The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 Park Janitorial Maintenance Services RFP 14 -002 Page 11 19C -13 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. b) Submittals Prior to contract commencement, and by the first of every month thereafter, Contractor shall submit to the City's Representative: 1) a detailed annual, monthly and weekly work schedule consistent with task frequencies in Exhibit A; 2) time sheets of employees assigned to the contract areas; 3) names and titles of all persons working on the project and their qualifications; and 4) type and quantities of equipment, materials and /or chemicals to be used on the project. The information contained in the above referenced documents shall be updated with any new information as changes occur. The City's Representative shall be immediately notified of any changes to the above information. c) Uniforms and Vehicle Identification The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, vests and ANSI approved safety shoes. All uniforms will be marked with some form of company logo or other form of identification. All vehicles and equipment on the project site shall be in operable and working condition, clean appearance without visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name, contractor's license number and contact information clearly identified on the right and left side doors. B. SAFETY REQUIREMENTS All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. In the event unsafe work is observed by City staff or otherwise reported, the Director may at his discretion order Contractor to stop performing and pay all costs and or damages resulting from the delay. All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers in the general public, including but not limited to, OSHA safety mandates on traffic closure, excavation /trenching /shoring, confined space and hazardous waste identification and transport. C. SAFETY NOTIFICATION If Contractor identifies a potential safety issue, Contractor shall: Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 2. Notify the Director of the condition first by phone and then in writing (e -mail is acceptable) including digital photographs of the potential safety concern. Once the Park Janitorial Maintenance Services RFP 14 -002 Page 12 19C -14 Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. D. UNDERGROUND ALERT SYSTEMS Underground Alert Systems (telephone number 1- 800 - 422 -4133) must be notified 48- hours in advance prior to any excavation work. E. PROPERTY DAMAGE Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. F. ACCESS TO PRIVATE PROPERTY Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and /or consent required from City and /or property owner. G. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall protect City and /or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre - approved for removal. H. TRAFFIC CONTROL The Contractor will not interrupt traffic flow on City streets without obtaining a permit. In situations where it is necessary to restrict traffic flow, the Contractor will contact the appropriate City department and obtain all necessary permits and /or consent from the responsible public agency. All traffic control work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers in the general public, including but not limited to, OSHA safety mandates on traffic closure, J. MONTHLY REPORTS Prior to the first day of each month the Contractor shall submit the following reports: 1) number of employees, employees daily work schedule by location and crew /task(s);2) recycled waste report; and, 3) material use report. K. WATER COST Park Janitorial Maintenance Services RFP 14 -002 Page 13 19C -15 City will pay for water used by Contractor pursuant to this agreement. Should the amount of water applied be considered excessive and the City Representative can quantify what is considered normal water use from excessive then the Contractor shall pay the cost of the excess water. II. JANITORIAL MAINTENANCE SPECIFICATIONS A. DEFINITIONS 1. "City's Representative" shall mean the Executive Director of Parks, Recreation and Community Services designated representative. 2. "Cleaning" shall mean the practice of thoroughly removing all stains, foreign materials, mineral deposits, etc. to achieve a high quality "like new" appearance. 3. "Sanitizing" shall mean to disinfect (eradicate disease causing agents) by use of germicidal or other approved disinfecting products. 4. "Polishing" shall mean, following cleaning, using products to enhance the "shine" of the surface being polished. B. SCOPE OF WORK It is the intent of this agreement to continually improve the quality of the facilities. The Contractor shall provide all labor, training, materials, tools, equipment, transportation, hauling, dumping, chemicals and other items needed to perform high quality park janitorial maintenance pursuant to the terms defined herein. The Contractor shall provide all park janitorial maintenance at work sites listed herein, including, but not limited to cleaning, scrubbing, polishing, toilets, urinals, doors, walls, floors, ceilings, windows, partitions, dispensers, hand rails plumbing fixtures, and replacing burned out lights, lens covers, removing foreign materials i.e. paper wads stuck to ceilings, walls, etc. In addition, the Contractor shall clean the exterior of the building surfaces including the walls, roof, windows, etc. and, other services required to maintain the work sites in a safe, attractive and useable condition. Contractor understands that it is assuming maintenance responsibility of the parks /locations "as is" and is responsible for improving all aspects of the parks facilities to the quality described in these specifications and interpreted by the Director's Representative. C. AGREEMENT START -UP Beginning from the start date of the agreement the Contractor shall have one month to visit each building and park restroom to provide a one -time start -up service. The Contractor shall provide extra labor, equipment, materials, at no additional cost to the City, to raise the quality of janitorial maintenance to the level specified in the agreement /specifications. Following the Contractor's start -up at each building /park restroom, the City representative will meet with the Contractor to inspect the facility and either approve or cite the areas within the specifications where the Contractor shall provide further quality janitorial maintenance. If at the end of the one month start -up period the Contractor has not completed the start -up service to the satisfaction of the City's representative, the City shall Park Janitorial Maintenance Services RFP 14 -002 Page 14 19C -16 withhold the City's estimated cost of performing this service from the Contractor's upcoming monthly invoice. The City will hire another Contractor to complete the start -up to the satisfaction of the City's Representative. D. BUILDING SECURITY The Contractor's shall provide the City at the beginning of the agreement a matrix listing the name of his /her custodians, what buildings they will service, what time the buildings will be serviced, what vehicles they drive (make, model and license number). This information will be copied to the Santa Ana Park Rangers and the Santa Ana Police Department for security purposes. The contractor shall keep all exterior doors locked during the performance of work or as otherwise directed and shall ensure that all doors are locked at the end of the shift unless otherwise noted. Offices with security systems shall have them activated immediately after work is completed in that area. The Contractor shall be responsible for any lost keys, card keys and any inherent damages (i.e., re- keying of whole facility). This cost shall be withheld from contractor's payment(s). The decision to re -key the whole facility is solely that of the City's Representative. E. EQUIPMENT USAGE There shall be no usage of City equipment, telephones, or facilities by the contractor's staff. The City may ask the contractor to remove staff from the site if they are found to be in violation of this policy. Electrical power (110) volts will be furnished by the City at existing power outlets for the contractor's use to operate such equipment as is necessary in the conduct of his work. The Contractor shall be responsible for any damage caused to the electrical outlets and their covers caused by the improper disconnection of equipment. Cold water will also be made available as necessary for cleaning. F. EXTRA WORK It is the City's intent to keep parks and other public recreational sites in a beautiful and exceptionally well maintained condition. This specification is designed to continuously improve parks and public recreational sites. It is with this intent in mind that the City's Representative may consider authorizing extra work. Extra work will not be initiated without written authorization. In emergency situations, a not to exceed price may be submitted by contractor via e-mail for review /approval by City. The City's Representative may request that the Contractor submit proposals for extra work in order to improve the grounds - landscape in the contract sites. The Contractor shall submit proposals using the City's Proposal for Extra Work Spreadsheet. The Contractor shall complete the spreadsheet in its entirety using his /her proposed extra work pricing (that is a part of this agreement) in order for the proposal to be considered. City reserves the right to request materials /equipment receipts with invoices. All labor shall be quoted on a "not to exceed" basis and City will only pay for labor actually incurred. City will pay up to 15% mark -up on parts and materials. Park Janitorial Maintenance Services RFP 14 -002 Page 15 19C -17 G. OUTSIDE OF SCOPE Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: (1) Acts of God (2) Civil Disorder (3) Vehicle Collision (excluding Contractor and its employees and subs) (4) Excavation or re- surfacing of the street (5) Power failures (6) Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. Scheduling of Work — Routine Maintenance a) The Contractor shall provide park janitorial maintenance between in the evening hours and be responsible for locking up the restrooms at the designated park closing time Monday through Sunday. The schedule may be modified at the City Representative's request. b) The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. Schedules listing the name and size of specific crews performing daily, weekly, monthly, annual and periodic maintenance shall be submitted to the City's Representative each month. A copy of these schedules shall be provided to the City's Representative prior the performance, and any changes in scheduling shall be reported in writing. The schedule shall include days of the week and what person /crew will be performing specific work in accordance with the specification. Each person /crew will be identified and list the number of employees by job classification. Once the initial schedule of "routine work" is completed the Contractor shall notify the City's Representative in writing before any changes are made. 2. Work Force a) Contractor's supervisory personnel (Supervisors) shall have a combination of five years' experience or education in Building Engineering /Maintenance Services, Mechanical Engineering, or related science. Supervisors shall also possess janitorial management skills required to implement modern methods and newly developed janitorial maintenance procedures and /or practices. Supervisors shall accompany the City's Representative on weekly inspection tours of the contract sites. During the tour the Supervisor shall indicate the work completed the previous week, any changes that were made or are being contemplated and the work scheduled for the upcoming week and month. b) The City's Representative may evaluate each of the Contractor's staff and if he /she finds that a Contract employee is not performing to the satisfaction of Park Janitorial Maintenance Services RFP 14 -002 Page 16 19C -18 the Director, the Director shall require the Contractor to remove any employee from work sites at his or her discretion. Materials a) The Contractor shall submit to the Director a list of all materials and /or chemicals that may be used pursuant to the terms of this Agreement. The list shall include Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturers data that may be pertinent. The list must be submitted before any materials /chemicals are used pursuant to this Agreement. 4. Trash Disposal and Recycling All waste shall be removed from the park site /facilities daily and disposed of in the Contractor's waste receptacles As an alternative, the City may allow Contractor to dispose of waste and trash in bins provided by the City. The City will determine the amount of waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service. H. ROUTINE MAINTENANCE Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Exhibit C. Daily Cleaning Schedule — Restrooms, Showers and Locker Rooms. a) Restock all supplies daily so dispensers are completely full. Replace vandalized dispensers with approved manufacturer and model dispensers to Park Maintenance specifications upon discovery. Dispensers will be provided by the City. b) Flush toilets and urinals prior to finishing and add approved products. c) Check toilets and urinals for stoppages and use plunger and /or hand auger to unplug. Note that the 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. d) If stoppages cannot be unplugged or if other plumbing problems are noticeable, notify the City's Representative immediately. Park Janitorial Maintenance Services RFP 14 -002 Page 17 19C -19 e) Remove all stains, dust, litter, debris and otherwise foreign matter on all interior surfaces including doors, sills, partitions, floors, walls, ceilings, etc. This includes, but not limited to, wads of paper stuck on ceilings, tape, etc. f) Empty, clean and sanitize receptacles inside and out. g) Sweep and mop entire floor with approved germicidal cleanser /solution. Hosing out restrooms is not an acceptable practice. h) Clean and sanitize all surfaces, including walls, doors, partitions, door /window jambs, vents, light fixtures, ceilings, etc. Tile floors and walls shall be cleaned and polished. i) Clean, sanitize interior and exterior of washbasins 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, urinals, plumbing, sinks, flush valves, mounting plates, dispensers, nuts, screws, traps, hose bibs, water connections, handrails, mirrors, etc. using approved products. j) Clean and disinfect benches using approved germicidal cleanser. m) Inspect and replace burned out lights at the Contractor's expense inside and outside the building using approved products. k) 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. 1) Clean and sanitize shower walls, fixtures and curtains using approved germicidal cleanser. m) Pick -up, clean, sanitizes and removes trash and debris, including but not limited to feces, urine, paper, within 10' feet of the building in each direction. n) Clean exterior of the building free of all foreign materials including paper wads, confetti, tape, slap tags, cob webs, dust, etc. o) Turn off lights once work is completed. 2. Weekly Cleaning Schedule — Restrooms, Showers and Locker Rooms a) Polish all tiles surfaces using approved product to achieve a high quality appearance. b) 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. Park Janitorial Maintenance Services RFP 14 -002 Page 18 19C -20 c) Clean light fixtures and protective coverings inside and out using approved germicidal cleanser. 3. Monthly Cleaning Schedule — Restrooms, Showers and Locker Rooms a) Clean and resurface floor surfaces using approved products per the manufacturer's specifications. b) Use pumice stone or other product/tool to remove mineral buildup from around fixtures in the restroom. C) Pressure wash all exterior wall and pavement surfaces to remove dirt, dust, debris, stains, etc. to within 10' of the building. 4. Bi- Annual Cleaning Schedule a) Pressure wash roofs to remove dirt, dust, debris, stains, etc. 5. Approved Park Restroom Supplies a) Toilet Tissue - Acclaim White Singlefold Interfolded Bath Tissue item # 10101 —00 b) Scott Bathroom Roll Tissue, item # 05102 20, 4.4 x4.5 inches. 6. Approved Cleaning Supplies a) For cleaning urinals and commodes Colossus #160S b) For cleaning polished and brushed chrome Sheila Shine C) Metal /Chrome polish Sheila Shine d) Disinfectant Versatile #180 Park Janitorial Maintenance Services RFP 14 -002 Page 19 19C -21 EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES SAMPLE AGREEMENT THIS AGREEMENT, made and entered into this X day of XXX, XXXX by and between X (hereinafter "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 (hereinafter "City "). RECITALS 1. The City desires to retain a Contractor having special skill and knowledge in the field of landscape maintenance. 2. Contractor represents that Contractor is able and willing to provide such services to the City and is licensed by the State of California to provide landscape maintenance services. 3. 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 landscape maintenance firm. 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: DEFINITIONS II. TERMS AND CONDITIONS A. TERM The term of this contract shall commence the date of City Council award and approval of all insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth in Section H, below. City is hereby granted an option to renew for up to four (4) additional one -year terms on the terms and conditions set forth herein. Said options shall be exercised in writing at least thirty (30) days prior to the end of the initial term or any extension thereof. B. CONTINUED FUNDING In the event funding is not allocated for parking control enforcement services during the annual budget approval process, the City shall notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period, and contract shall terminate on the last day of current fiscal period without penalty or expense to the City Park Janitorial Maintenance Services RFP 14 -002 Page 20 19C -22 C. COMPENSATION City agrees to pay and contractor agrees to accept as total payment for its services, the rates and charges set forth in contractor's proposal, attached hereto and incorporated by reference. The amount to be expended for services shall not exceed (dollar amount) ($ ) annually during the term of this agreement. 2. Invoices a. The contractor shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work perforined under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Contractor's invoice number ii. Beginning and ending dates for services iii. City project number and /or name (if applicable) iv. Work site address/location (if applicable) V. Unit cost, subtotals and total for invoice Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. 4. Price Adjustments The parties may annually agree to an adjustment of charges (not to exceed 2 %) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles- Anaheim - Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area (and the December Produce Price Index (PPI). The adjustment formula shall be as follows: The CPI shall be weighted at ninety [90] percent and PPI shall be weighted at ten [10] percent.) All prince increases are contingent upon agency and City Council approval. 5. Extra Work No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to Park Janitorial Maintenance Services RFP 14 -002 Page 21 19C -23 obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. D. INDEPENDENT CONTRACTOR Contractor shall during the entire term of this contract, be construed to be an independent contractor and not an employee of the City. This contract 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 manner in which contractor performs the services required by this contract. 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. E. INSURANCE Prior to undertaking performance of work under this contract, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of contractor's operations in the performance of this agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. A sample additional insured endorsement is attached hereto as Exhibit I. 2. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, contractor is required to be insured against liability for Workers' Compensation or to undertake self- insurance. Prior to commencing the performance of the work under this contract, contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. 4. If contractor is or employs a licensed professional such as an architect or Park Janitorial Maintenance Services RFP 14 -002 Page 22 19C -24 engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per claim. 5. The following requirements apply to the insurance to be provided by contractor pursuant to this section: Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney. C. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 6. If contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this contract. Such termination shall not affect contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. F. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and /or materials) or contractor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the contractor. Park Janitorial Maintenance Services RFP 14 -002 Page 23 19C -25 G. 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, sent by telefacsimile communication, or via e-mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 Fax 714- 647 -6956 With courtesy copy to: Parks, Recreation and Community Services Agency City of Santa Ana 26 Civic Center Plaza, Library Second Floor Santa Ana, CA 92701 To Contractor: H. TERMINATION The City reserves the right to terminate the contract as follows: In the event contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if contractor violates any provision of this agreement, contractor shall be deemed in default. City shall provide written notice of such default to contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the agreement forthwith by giving written notice to contractor's project manager. City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during contractor's default. In the event of such termination for cause, City shall pay contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. 2. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the contractor either personally or by mail. Upon termination, City shall pay to contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. 3. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of contractor's compensation for contract services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and /or Park Janitorial Maintenance Services RFP 14 -002 Page 24 19C -26 contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the City projects manager or designee determines that contract services are performed as well and as frequently as required by this agreement. CONTRACTOR OPTION FOR TERMINATION The contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one - hundred eighty (180) days written notice prior to contract termination date requested. 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. J. LIQUIDATED DAMAGES a) If the City determines that the contractor breaches its promise to provide services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. The Director or his designated representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of $100 to $300.00 per inspection, per park, per day not meeting the specifications during any such inspection. K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. L. EMPLOYMENT OF DISPLACED SANTA ANA WORKFORCE The contractor shall extend offers of employment to any displaced City of Santa Ana employee for a minimum of one (1) year and at a rate commensurate to his /her last base salary amount as an employee of the City of Santa Ana. Thereafter, the contractor may pay according to the contractor normal pay structure. Contractor costs should be amortized over the contract period. M. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. Park Janitorial Maintenance Services RFP 14 -002 Page 25 19C -27 N. ASSIGNMENT Inasmuch as this contract 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 City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. O. JURISDICTION —VENUE This contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this contract 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 contract. P. FINES The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. Q. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. Park Janitorial Maintenance Services RFP 14 -002 Page 26 19C -28 ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVAHALO City Attorney Bv: Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: CONTRACTOR Gerardo Mouet Executive Director Parks, Recreation and Com. Svcs. Agency Tax ID# Park Janitorial Maintenance Services RFP 14 -002 Page 27 19C -29 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES PROPOSERS CERTIFICATION AND COST PROPOSAL 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 A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. 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. Proposal Item Price - Provide costs for maintaining each of the locations and service categories listed below at the level of quality described in the detailed specifications (Exhibit A and all attachments). Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. A. PARK RESTROOM -CABIN SERVICES Park Janitorial Maintenance Services RFP 14 -002 Page 28 19C -30 Park Address Cost/Mo. Cost/Yr. Deviations District A 1 Stadium Press Box 602 N. Flower St. 2 Stadium West Side Restrooms 602 N. Flower St. 3 Stadium East Side Restrooms 602 N. Flower St. 4 Stadium Player Locker Rooms 602 N. Flower St. 5 Stadium Officials Locker Room 602 N. Flower St. 6 Stadium West Side Concession Bldg. 602 N. Flower St. 7 Stadium East Side Concession Bldg. 602 N. Flower St. District 1 1 Campesino 3311 W. Fifth St. 2 Edna 2140 W. Edna Dr. 3 El Salvador 1825 W. Civic Center Dr. 4 Riverview 1817 W. 21st St. 5 Rosita 706 N. Newhope St. Park Janitorial Maintenance Services RFP 14 -002 Page 28 19C -30 Park Janitorial Maintenance Services RFP 14 -002 Page 29 19C -31 Park Address Cost /Mo. Cost/Yr. Deviations District 2 1 Angels 914 W. Third St. 2 Cabrillo 1820 E. Fruit St. 3 Fisher Restroom 2501 N. Flower St. 4 Fisher Cabin 2501 N. Flower St. 5 Logan 1009 N. Custer St. 6 Portola 1700 E. Santa Clara Ave. 7 Santiago RR "A" 2535 N. Main St. 8 Santiago RR "B" 2535 N. Main St. 9 Santiago Cabin 2535 N. Main St. District 3 1 Delhi 2314 S. Halladay St. 2 Madison 1528 S. Standard St. 3 Memorial 2102 S. Flower St. 4 Sandpointe 3700 S. Birch St. District 4 1 Adams 2302 S. Raitt St. 2 Centennial "A" 3000 W. Edinger Ave. 3 Centennial "B" 3000 W. Edinger Ave. 4 Centennial "C" -3000W. 3000 W. Edinger Ave. 5 Centennial HGHS Edinger Ave. 6 DYSC "A" includes locker room and restrooms 3000 W. Edinger Ave. 7 DYSC "B" 3000 W. Edinger Ave. 8 Heritage 4812 W. Camille St. 9 Jerome 726 S. Center St. Park Janitorial Maintenance Services RFP 14 -002 Page 29 19C -31 The City reserves the right to delete one or more sites from this contract with 30 days written notice. B. SPECIALIZED SERVICES A. Park Address Cost /Mo. Cost/Yr. Deviations 10 Santa Anita 300 S. Figueroa St. 3 Maintenance Service Laborer $ 11 Thornton 1801 W. Segerstrom St. 5 Apprentice Electrician $ 12 Windsor 2915 W. LaVerne Ave. 7 Apprentice Plumber $ 8 37 Total Totals 9 Apprentice Painter $ The City reserves the right to delete one or more sites from this contract with 30 days written notice. B. SPECIALIZED SERVICES A. Labor Hourly Wage 1 Maintenance Supervisor $ 2 Maintenance Service Leadworker $ 3 Maintenance Service Laborer $ 4 Journeyman Electrician $ 5 Apprentice Electrician $ 6 Journeyman Plumber $ 7 Apprentice Plumber $ 8 Journeyman Painter $ 9 Apprentice Painter $ B. Add -On Services Cost 1 Price By Square Foot Per Month — Park Restroom 1x Day $ 2 Price By Square Foot Per Month — Park Restroom 2x Day $ 3 Price By Square Foot Per Month- Cabin $ 4 Price By Square Foot Per Month- Stadium $ 3 Price By Square Foot Per Job — Pressure Wash Exterior Surfaces i.e. Walls, Roofs, Entrances, Areas Around Buildings /Restrooms, Stadium Bleachers, Etc. $ Park Janitorial Maintenance Services RFP 14 -002 Page 30 19C -32 Vlll. PROPOSAL FORM The undersigned contractor agrees to provide park restroom janitorial services in accordance with the specifications included in Exhibit A. I/We have stated herein the services and fees that I /we will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section IV. Where there is a discrepancy between words and figures, words shall govern. The City of Santa Ana reserves the right to cancel any agreement in the event that terms of this agreement are violated. Name of Contractor (Person, Firm, Corp.) Address Address Telephone Number Signature of Authorized Rep. Name and Title (Please Print) Date Fax Number Park Janitorial Maintenance Services RFP 14 -002 Page 31 19C -33 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES 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 Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Park Janitorial Maintenance Services RFP 14 -002 Page 32 19C -34 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES 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 Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Park Janitorial Maintenance Services RFP 14 -002 Page 33 19C -35 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor 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 contractor 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 contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he 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 contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor 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 contractor 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. 6. In the event of the contractor's noncompliance 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 contractor may be declared ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Executive 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. 7. The contractor 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 Park Janitorial Maintenance Services RFP 14 -002 Page 34 19C -36 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 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 contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor 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. 1039, and as amended, no discrimination shall be made in the employment of persons 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 contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm: Signed and Printed Name: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Park Janitorial Maintenance Services RFP 14 -002 Page 35 19C -37 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES 1 2. 1911 RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE How many years has your organization been in business in California as a contractor under your present business name and license number? If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire. What is your firm's average gross revenue for the last three years? Is your firm currently the debtor in a bankruptcy case? ❑ Yes ❑ No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to Question 2, above.) ❑ Yes ❑ No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 5. Has any California State License Board license held by your firm or its responsible managing employee or responsible managing officer been suspended within the last five years? ❑ Yes ❑ No 6. At anytime in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a services contract with either a public or private owner? ❑ Yes ❑ No 7. Has your firm ever defaulted on a contract? ❑ Yes ❑ No If "yes," explain on a separate page. 8. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise Park Janitorial Maintenance Services RFP 14 -002 Page 36 19C -38 prevented from bidding on, or completing, any government agency project for any reason? ❑ Yes ❑ No If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. In the past five years, has any claim against your firm concerning your firm's work on a project, been filed in court or arbitration? ❑ Yes ❑ No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 10. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? ❑ Yes ❑ No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 11. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf in connection with a project, either public or private? ❑ Yes ❑ No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes ❑ No 13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes ❑ No 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes ❑ No If "yes," identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. Park Janitorial Maintenance Services RFP 14 -002 Page 37 19C -39 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a project when one was required? ❑ Yes ❑ No 17. Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any "serious," "willful' or "repeat" violations of its safety or health regulations in the past five years? ❑ Yes ❑ No (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.) If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the contractor or its associates in the past five years? ❑ Yes ❑ No (Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) If "yes," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. 19. During the last five years, has there been more than one occasion in which the General contractor or its associates have been penalized or required to pay back wages for failure to comply with the federal Davis -Bacon prevailing wage requirements? ❑ Yes ❑ No If "yes," on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Park Janitorial Maintenance Services RFP 14 -002 Page 38 19C -40 EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES NONCOLLUSION AFFIDAVIT 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 California, County Subscribed and sworn to (or affirmed) before me on this day of , 20_, 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. Park Janitorial Maintenance Services RFP 14 -002 Page 39 19C -41 EXHIBIT I CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES II. SAMPLE ADDITIONAL INSURED ENDORSEMENT III. FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective part of Policy # _ Issued to Countersigned by this endorsement form as a Named Insured Authorized Representative SAMPLE ONLY Park Janitorial Maintenance Services RFP 14 -002 Page 40 19C -42