Item 25 - Agreement with Valley Maintenance Corporation for Custodial Services of City Parks

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City of Santa Ana RFP 22-031 Page 26 17.0 INQUIRIES AND COMPLAINTS The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, Director’s Representative, and/or private citizens during normal working hours. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the Director’s Representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the Director’s Representative may deduct such cost from any amount due to Contractor. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or Director’s Representative. If any complaint is not abated within a reasonable time, the Director’s Representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director’s Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director’s Representative, the Director’s Representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges 18.0 NOTIFICATION OF LOCATIONS OF WORK The Contractor shall notify the Director’s Representative when the contractor’s crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules, which specify the entire weeks work locations. 19.0 WORK FORCE The Director’s Representative may evaluate each of the Contractor’s staff and if he/she finds that a Contractors employee or sub-contractor’s employee is not performing or has not completed the required OSHA mandated safety training to the satisfaction of the Director’s Representative, the Director’s Representative shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice. 20.0 MATERIALS The Director’s Representative shall approve or reject all materials delivered to the work site. In addition, the Contractor shall not apply any materials until the Director’s Representative inspects the materials to confirm they are correct per specifications and, when required by the Environmental Protection Agency, have the Safety Data Sheets that are placed on the premises of the property where the materials shall be applied. Note that the Director’s Representative may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the Contractor prior to the Director’s Representative inspecting the materials shall be considered not applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site Exhibit 1