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HomeMy WebLinkAbout25Q - PARK RESTROOM JANITORIAL SVCSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: May 5, 2008 TITLE: AGREEMENTS FOR PARK RESTROOM JANITORIAL SERVICE ~LL'vC 1/ ~. ChT MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute the attached agreement with Merchants Building Maintenance in the amount of $92,823 for park restroom janitorial service in Districts 1 and 2, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute the attached agreement with Bell Building Maintenance Company in the amount of $76,389 for park restroom janitorial service in Districts 3 and 4, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency currently divides the City into four separate park maintenance districts. The current janitorial service contract for maintaining park restrooms expires on May 22, 2008. A request for proposals (RFP) was issued and advertised on March 18, 2008. A summary of RFP's issued and proposals received is as follows: 29 Request for Proposals mailed 4 Request for Proposals mailed to Santa Ana vendors 4 Proposals received 1 Proposal received from Santa Ana vendors 25Q-1 Agreements for Park Restroom Janitorial Service May 5, 2008 Page 2 A pre-proposal conference and job walk was conducted on March 27, 2008, and proposals were received and opened on April 10, 2008. The four companies that submitted proposals were Bell Building Maintenance Company, Grace Building Maintenance Company, Merchants Building Maintenance, and Master Landscape and Maintenance. An evaluation committee consisting of representatives from Finance and Management Services, Parks, Recreation and Community Services, and the Police Department evaluated and rated the proposals. Each proposal was evaluated based on the vendor's capability and experience, past performances, and cost of the proposal. The evaluation results and annual costs are as follows: Score Bell Building Maintenance Company 341 Merchants Building Maintenance 267 Grace Building Maintenance Company 247 Master Landscape and Maintenance Non-Responsive The Parks, Recreation, and Community Services Agency believes it is important to replace the existing single agreement with multiple agreements to resolve the capacity and service level issues we have been experiencing with one contractor. Replacing the single agreement with two agreements will create smaller maintenance areas that will be more manageable for the custodial contractors, which will result in better quality custodial services. This approach is similar to the approach the Parks, Recreation and Community Services Agency has taken with our landscape contracts, which has produced very positive results, The Parks, Recreation and Community Services Agency is expecting to achieve the same positive results by dividing the janitorial contract into districts. The proposals received from Bell Building Maintenance Company and Merchants Building Maintenance were most responsive to the specification and meet the City's requirements. These two agreements will replace the one existing agreement with DMS Custodial for maintaining park restrooms city-wide. Bell Building Maintenance Company has extensive experience performing janitorial services in large park systems, including the cities of Riverside, Rialto and Santa Clarita. Similarly, Merchants Building Maintenance has experience performing park restroom janitorial service in Anaheim, Yorba Linda and Santa Fe Springs, and is currently the landscape contractor in Santa Ana Districts 1 and 2. Merchants Building Maintenance is a Santa Ana based business, and currently employs approximately 500 Santa Ana residents in its building maintenance and landscape divisions. 25Q-2 Agreements for Park Restroom Janitorial Service May 5, 2008 Page 3 The proposal from Master Landscape and Maintenance was considered non- responsive because it failed to meet the bonding requirements included in the RFP. The proposal from Grace Building Maintenance Company scored lowest because it was incomplete and neither the proposal nor the submitted references demonstrated that the company has any experience performing janitorial services in large park systems. The City proposes to enter into a two-year agreement with Bell Building Maintenance Company, with two two-year renewal options, for the maintenance of the larger contracted area - Districts 3 and 4. The annual base contract cost is $69,444. An additional $6,945 contingency is included for unforeseen emergencies, resulting in a total annual contract amount of $76,389. In addition, the City proposes to enter into a two-year agreement with Merchants Building Maintenance, with two two-year renewal options, for the maintenance of Districts 1 and 2. The annual base contract cost is $84,384. An additional $8,439 contingency is included for unforeseen emergencies, resulting in a total annual contract amount of $92,823. FISCAL IMPACT Funds are available in the FY 2007-08 Park Services, Other Contractual Services account(no. 11-250-6291). Funds for FY 2008-09 will be identified in the FY 2008-09 budget. Gerardo Mouet, Executive Director Parks, Rec. and Com. Svcs. APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Mgt. Svcs. Agency 25Q-3 25Q-4 CITY OF SANTA ANA CUSTODIAL AGREEMENT THIS AGREEMENT, made and entered into this 23 day of May, 2008 by Bell Building Maintenance Company (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 A. The City desires to retain a Contractor having special skill and knowledge in the field of custodial services comparable with "high-level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. 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 "high-level" contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in the RFP (Exhibit "A" hereto) and all attachments thereto, as well as the Contractor's Proposal of Services (Exhibit "B" hereto) attached to this Agreement. Contractor will provide janitorial services in Districts 3 and 4. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail. 2. CITY INSPECTION The Director's designated representative shall regularly inspect the parks restrooms 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 cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park restroom not meeting the Specifications during any such inspection. 25Q-5 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit "B". The total sum to be expended under this Agreement, shall not exceed the annual amount of $76,3$9 during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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 or as otherwise provided in Exhibit A. 4. TERM This Agreement shall commence on the date first written above and terminate on May 22, 2010 unless terminated earlier in accordance with Section 12, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for two additional two-year terms in an annual amount not to exceed $76,389. Such renewal(s) shall be in a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 5. 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 anemployer-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 its employees and shall be responsible for all applicable withholding taxes. 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: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom 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 2 25Q-6 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 $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form as set forth in Exhibit "C" attached hereto upon execution of this Agreement. Said endorsement shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. 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 worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer Contractor must obtain and maintain Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) 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. f. 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 Agreement. 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. 7. INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, lost profits, restitution, judicial or equitable relief or any other type of damage whatsoever arising out of claims for the same, which may arise from the direct or indirect actions of the Contractor or its contractors, subcontractors, agents, employees, 25Q-7 or other persons acting on their behalf which relates in any way to the services provided by Contractor under this Agreement; and (2) from any claim that personal injury, damages, just compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage whatsoever is due by reason of the terms of or effects arising from this Agreement or of the Contractor's actions hereunder. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, lost profits or any other judicial or equitable relief or damages 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, relative to any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, lost profits, or judicial or equitable relief or any other type of damage whatsoever has arisen by reason of the terms of, or effects arising from this Agreement or Contractor's actions hereunder. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. 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 parry 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. 9. 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. 10. 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 4 25Q-8 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 telefacsimile (714) 647-6956 With courtesy copies to: and Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Bruce M. Hwang 5170 Sepulveda Blvd. Suite 180 Sherman Oaks, CA 91403 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 telefacsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive agreement 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 25Q-9 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 nor 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 are not embodied herein. 12. 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. 13. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination and by the Contractor upon ninety (90) days written notice. In the event of termination by the City, 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 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 and in the Specifications, Exhibit "A" hereto. c. Material Breach: If the Director determines the Contractor has failed in the performance of the duties and/or schedule as provided herein, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity for said breach including, but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or a new contractor at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs resulting from any breach, including incidental and consequential damages (see Sample Failure To Perform Letter, Exhibit "D" hereto). 6 25Q-10 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in recruitment, selection, training, utilization, promotion, termination or any other employment related activity. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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 by the parties hereto or arises out of, or in connection with or by reason of this Agreement. 16. 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 may, at the City's discretion, be cause for termination of this Agreement. 17. 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. 7 25Q-11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By Jose Sandoval Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director, Parks Recreation and Community Services Agency 8 CITY OF SANTA ANA: DAVID N. REAM City Manager CONTRACTOR: By: TITLE)_ Tax ID # NAME)_ 25Q-12 Exhibit ~~,~~ REQUEST FOR PROPOSAL RFP N0.08-021 PRCSA FOR PROVIDING JANITORIAL SERVICES FOR CITY OF SANTA ANA PARK RESTROOMS KEY RFP DATES: Issue Date: March 18, 2008 Pre-proposal Conference: March 27, 2008 Proposal Due Date: April 10, 2008 25Q-13 REQUEST FOR PROPOSAL Notice is hereby given that proposals will be accepted for providing janitorial services for City of Santa Ana park restrooms, at the Parks, Recreation and Community Services Agency headquarters building, 888 W. Santa Ana Boulevard, Suite 200, Santa Ana, CA, 92701 until 5:00 p.m., April, 10, 2008. If further information is required, please contact Robert Carroll via a-mail rcarroll(a~santa- ana.org or phone, (714) 571-4218. MAILED proposals should be addressed as follows: Parks, Recreation and Community Services Agency Accounting and Budget Section M-23 P.O. Box 1988 Santa Ana, CA 92702 Attn: Robert Carroll or delivery by hand or courier to: Parks, Recreation and Community Services Agency Accounting and Budget Section M-23 888 W. Santa Ana Blvd. 2°d Floor Santa Ana, CA 92701 Attn: Robert Carroll If mailed, it is the responsibility of the proposer to see that any mailed proposal shall have sufficient time to be received by the Accounting and Budget Section prior to proposal due date and time. Late proposals will be returned to the vendor unopened. The receiving time in the Accounting and Budget Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 2 25Q-14 I. GENERAL TERMS A. RFP TERMS AND CONDITIONS 1. PROPOSAL SUBMISSIONS Proposals must be submitted to the Accounting and Budget Section in a sealed envelope showing on the outside, the name of the bidder, RFP NO. 08-021, and the proposal due date and time. All proposals must be signed by an authorized representative of the vendor. 2. PROPOSAL WITHDRAWAL Proposals may be withdrawn by written request received before the hour set for the opening. After that time, the contractor may not withdraw proposals for a period of ninety (90) days from the date of the opening. 3. LATE PROPOSALS It is the responsibility of the vendor to see that any proposal submitted shall have sufficient time to be received by the Accounting and Budget Section prior to the proposal due date and time. Santa Ana Parks, Recreation and Community Services Agency shall not be responsible for proposals lost or delayed in the mail. Late proposals will be returned to the vendor unopened. 4. REQUIRED DOCUMENTS Contractor must return the following completed documents with their proposal: • Detailed proposal of services in accordance with the specifications detailed in Exhibit A. Proposal should take into consideration the evaluation criteria included in Section III and should not exceed 20 pages. • Proposals should include job qualifications of key contract staff including general manager, superintendent, supervisor, and lead maintenance workers. • Completed Contractor's References form (Section IV); • Completed Proposal Summary and Deviations from Specifications form (Section V); • Signed Proposal Form (Section VI); • Exhibits B, C and D are for reference only, but will be required when the contract is awarded to the successful contractor. Contractor must submit one original and eight (8) photocopies of each proposal offered. 5. RIGHTS RESERVED The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any informality or technical defect in a proposal. The City also reserves the right to enter into agreements with one or more contractors to complete the scope of this RFP. 6. AGREEMENT Successful contractor(s) will be required to enter into an agreement with the City of Santa Ana. The City reserves the right to enter into an agreement with any, 25Q-15 all, or none of the contractors for atwo-year period, with the option of extending the agreement for two additional two year terms. 7. SELL OR ASSIGN The successful contractor shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. 8. LOCAL SALES TAX CONSIDERATION In accordance with the Santa Ana Municipal Code, a one percent (1%) preference will be applied to all bids for taxable goods submitted by suppliers located within the City limits of Santa Ana. 9. RECEIVING TIME The receiving time in the Accounting and Budget Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 10. COMPLIANCE WITH LAWS All bids shall comply with current federal, state, and other laws relative thereto. Contractor further agrees that the services proposed comply with all applicable Federal and State Occupational Safety and Health laws, standards for regulations, and that contractor will indemnify and hold the City harmless for any failure to so conform. 11. REFERENCE TO SUCCESSFUL CONTRACTOR The terms vendor, supplier, proposer, or contractor maybe used interchangeably in these specifications and shall refer exclusively to the contractor(s) with whom the City enters into contract as a result of this request for proposal. 12. INQUIRIES Refer inquiries in writing via email to Robert Carroll, rcarroll@santa-ana.org. 13. E-MAIL COMMUNICATIONS To facilitate the request for proposal process, contractors are required to monitor and respond to a-mail requests on a daily basis. 14. PRE-PPROSAL CONFERENCE AND JOB WALK A mandatory pre-proposal conference and job walk will be held on Thursday, March 27, 2008 at 8:30 a.m. in the Parks, Recreation and Community Services Agency headquarters building large conference room, 888 W. Santa Ana Boulevard, Suite 200, Santa Ana, CA. The pre-proposal conference will last approximately one hour. Immediately following the pre-proposal conference, staff will conduct a job walk to view some or all of the restrooms covered in the RFP. Please RSVP to Robert Carroll by Monday, March 24, (714) 571- 4218. 4 25Q-16 15. PRE-QUALIFICATION PROCESS In addition to submitting all documentation required in this request for proposal, contractors may also be required to demonstrate their ability to successfully perform the type of maintenance work contemplated by this request for proposal, including but not limited to providing an adequate number of staff, suitable equipment and materials as determined by the Director's representative. 16. BONDING Each proposal shall be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful contractor shall also be required to provide the City a Payment bond in the amount of 100% of the total award to satisfy claims of material suppliers and laborers employed by it and finally a Performance Bond in the amount of 100% of the total award to guarantee faithful performance of all work in a manner satisfactory to the City within 20 days of receipt of award. 17. REVIEW OF JOB SITE The Contractor shall be held responsible for carefully reviewing the sites and verifying all areas of work, prior to proposal submittal. The City recommends reviewing the sites during the busier evening and weekend hours to better understand the traffic that these facilities experience. II. SCOPE A. RESTROOMS AND FACILITIES The Contractor shall furnish all supervision, labor, equipment, materials, and supplies required to perform quality janitorial services at various park restrooms listed in Section V.A. Park Restroom Services. 1. QUALITY ASSURANCE The contractor's location supervisor shall inspect all areas weekly under this agreement and sign a weekly custodial logbook, which the City may review on a weekly basis. This logbook shall include all items required in the weekly service section of the specification. The contractor is required to ensure that all supervisors and staff are thoroughly trained in the implementation of this spec. New staff shall be trained in the specification before being deployed into the field to complete this specification. The contractor shall provide names of staff and crew leaders assigned to this contract, and the facilities they services, and shall inform the City when staff changes. 2. 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 aone-time start-up service. The Contractor shall provide extra labor, equipment, materials, at no additional cost to the City, to raise the quality 5 25Q-17 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 withhold the City's estimated cost of performing this service from the Contractor's upcoming monthly invoice. The City will provide the Contractor with a report on start-up work deficiencies, and the Contractor will have three days to correct all start-up deficiencies. 3. 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. 4. 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 famished 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. 5. SUPERVISION AND SAFETY The contractor shall be responsible for the supervision and direction of the work performed by his/her employees and shall at all times provide a fiall-time manager or supervisor on the premises to carry out the responsibility. The manager or supervisor shall have the authority to act as agent for the Contractor in his/her absence and shall be fully qualified to implement the contract specifications. The contractor shall be responsible for instructing his employees in all safety measures. All equipment used by the contractor shall be maintained in safe operating condition at all times and free from defects or wear which may constitute a hazard to any persons. All employees will wear proper personal protective equipment while working on City premises. Contractor's 6 25Q-18 supervisors shall be literate and conversant in the English language because of the necessity to read chemical labels, job instructions and signs, as well as the need for conversing with management personnel. Contractor's supervisors shall also be capable of communicating fully with all employees in the event they do not speak English. The Contractor shall comply with and ensure that the Contractor's personnel and subcontracted personnel comply with all current applicable local, state and federal policies, regulations and standards relating to safety and health. The Contractor shall provide or cause to be provided all training, technical expertise, qualified personnel, equipment, tools and material to safely accomplish the work specified to be performed by the Contractor. The Contractor shall provide all necessary barricades, signs to indicate safety conditions, detours and yellow safety caution tape as necessary to provide a safe environment. The City may require the removal of any of the contractor's employees who are found to be incompetent, careless or insubordinate; or appears to be alcohol or drug impaired or poses a safety risk. The Contractor shall provide an emergency telephone number where he can be reached during normal operating hours and a telephone number where he can be reached after normal operating hours. 6. REMEDY FOR FAILURE TO PERFORM REQUIRED SERVICE Should the contractor fail to perform in accordance to the agreement, the City may withhold a portion or all of the contractor's payment for work not performed for each inspection. This estimate is solely determined by the City, and may be based on the costs submitted by contractor in Section V.A. B. Specialized Services. The Director's designated representative shall regularly inspect the parks restrooms 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 cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park restroom not meeting the Specifications during any such inspection. 7. DAMAGE TO CITY PROPERTY Damage or theft of City property resulting from Contractor's performance of the work or negligence shall be repaired immediately by the Contractor or the damage will be repaired by the City at the Contractor's expense, if the Contractor fails to remedy such damage promptly. A written report of the loss and cause of damage must be submitted to the City in writing 24 hours of occurrence 8. METHOD OF PAYMENT The vendor will be paid monthly in arrears for his/her services after verification of completion of work and receipt of invoice. Payment terms will be net 30. 25Q-19 9. BONDS Each proposal shall be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful contractor shall also be required to provide the City a Payment bond in the amount of 100% of the total award to satisfy claims of material suppliers and laborers employed by it and finally a Performance Bond in the amount of 100% of the total award to guarantee faithful performance of all work in a manner satisfactory to the City within 20 days of receipt of award. III. EVALUATION OF PROPOSALS The response to this Request for Proposal 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. The responses received will be reviewed by an evaluation committee established by the Administrative Services Division of the Parks, Recreation and Community Services Agency. The successful proposal will be based upon cost competitiveness and the qualifications of the contractor submitting the proposal. The bids will be evaluated based on the following criteria: Capability and Experience of Contractor 25% 1. Ability of contractor to obtain the staff and equipment necessary to perform specifications 2. Training and safety precautions taken to perform specifications 3. Contractor's financial ability to provide uninterrupted custodial services throughout the term of the agreement 4. Experience of lead worker and maintenance staff assigned to the contract 5. Experience of supervisory and management staff assigned to the contract Past Performances 25% 1. Past record of performance on contracts with other cities, governmental agencies or similar organizations, including such factors as reliability, adherence to specifications and compliance with contract terms and conditions 2. Acceptable, verifiable references and site reviews Cost of Proposal 1. Cost of base proposal 2. Cost of add-on locations 3. Cost of specialized services 50% FOLLOW-UP OF EVALUATION PROCESS BY CONTRACTOR Contractors may follow up on the evaluation of the proposals by contacting Robert Carroll, via email at rcarroll(a,santa-ana.org or by phone at (714) 517-4218. 25Q-20 IV. CONTRACTOR'S REFERENCES This sheet must be completed in full and returned with contractor's proposal. List and describe fully three contracts performed by your company, which demonstrate your ability to provide services in accordance with the RFP. Attach additional pages if necessary. 'The City reserves the right to contact each of the references listed for additional information regarding your company's qualifications. Reference No. 1 Customer Name: Address: Contract Amount: Contact Individual: Phone Number: Year: Description of equipment and services provided: Reference No. 2 Customer Name: Address: Contact Individual: Phone Number: Contract Amount: Year: Description of equipment and services provided: Reference No. 3 Customer Name: Contact Individual: Address: Phone Number: Contract Amount: Year: Description of equipment and services provided: 9 25Q-21 V. PROPOSAL SUMMARY AND DEVIATIONS FROM SPECIFICATIONS Contractors must provide costs for maintaining each of the parks restrooms, optional add-on locations, and service categories included below at the level of quality described in the detailed specifications (Exhibit A and all attachments). Contractors must also list all deviations from specifications, if any. The 26 park restrooms included in Section A will serve as the basis for proposal evaluation, however, costs of specialized services in Section B will also be considered. The City may, at its sole discretion, choose to award contracts to up to four contractors, one for each District. A. PARK RESTROOM SERVICES Park Address Cost/Mo. Cost/Yr. Deviations 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. 21 st St. 5 Rosita 706 N. Newhope St. Distr ict 2 1 Angels 914 W. Third St. 2 Cabrillo 1820 E. Fruit St. 3 Fisher 2501 N. Flower St. 4 Logan 1009 N. Custer St. 5 Portola 1700 E. Santa Clara Ave. 6 Santiago "A" 2535 N. Main St. 7 Santiago "B" 2535 N. Main St. Distr ict 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" 3000 W. Edinger Ave. 5 Centennial HGHS 3000 W. Edinger Ave. 6 DYSC "A" includes locker room and restrooms 3000 W. Edinger Ave. 10 25Q-22 Park Address Cost/Mo. Cost/Yr. Deviations 7 DYSC "B" 3000 W. Edinger Ave. 8 Heritage 4812 W. Camille St. 9 Jerome 726 S. Center St. 10 Santa Anita 300 S. Figueroa St. 11 Thornton 1801 W. Segerstrom St. 12 Windsor 2915 W. Laverne Ave. 28 Totai Totals The City reserves the right to delete one or more restrooms from this contract with 30 days written notice. B. SPECIALIZED SERVICES A. Labor Hourly Wa e 1 Maintenance Supervisor $ 2 Maintenance Service Leadworker $ 3 Maintenance Service Laborer $ Total (1-3) $ B. Cost For Add On Locations 1 Price By Square Foot Per Month -Park Restroom lx Day $ 2 Price By Square Foot Per Month -Park Restroom 2x Day $ 3 Price By Square Foot Per Job Pressure Wash Exterior Entrances and areas around buildings/restrooms $ ~i 25Q-23 VI. 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 III. 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.) Signature of Authorized Rep. Address Address Telephone Number Name and Title (Please Print) Date Fax Number 12 25Q-24 -1Eri~~"A" GENERAL SPECIFICATION The Contractor shall furnish all supervision, labor, equipment, materials, and supplies required to perform janitorial services. Facilities shall be cleaned once daily. The working hours for the duration of this contract are from 11:00 pm to 6:00 am daily, seven (7) days per week, or as otherwise directed by the Director's representative. Contractor shall supply and pay for clean, neat appearing uniforms, which shall be worn while working on City premises. Uniforms shall consist of a polo shirt, hat, jacket and full-length work pants with the contractor's identification. All municipal, state and federal safety regulations shall be adhered to in order to prevent injury to personnel and property damage. Smoking is not allowed in City facilities at any time. Daily Cleanin>w Schedule - Restrooms, Showers and Locker Rooms NOTE: Use approved germicidal solution for all cleaning. 1. Restock all supplies daily so dispensers are completely full. Replace vandalized dispensers with approved manufacturer and model to General Maintenance specifications upon discovery. Dispensers will be provided by the City. 2. Flush toilets and urinals using approved products. Check for stoppages and use plunger to unplug. 3. If stoppages cannot be unplugged or if other plumbing problems are noticeable, notify the Senior Park Maintenance Supervisor at (714) 647-3324. 4. Remove all litter and debris 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. 5. Empty, clean and sanitize receptacles inside and out. 6. Sweep and mop entire floor with approved germicidal cleanser/solution. Hosing out restrooms is not an acceptable practice. 7. 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. 8. Clean, sanitize and polish mirrors and frames using approved products. 9. Clean and sanitize interior and exterior of washbasins and around all fixtures to remove mineral deposits, water spots, dirt, grim, and any other unclean condition. 10. Clean, sanitize and polish thoroughly inside and outside of metal toilet bowls, urinals, dispensers, wash basins, flush valves, mounting plates, nuts, screws, traps, hose bibs, water connections etc. using approved germicidal cleanser. 11. Clean and disinfect benches using approved germicidal cleanser. 12. Inspect and replace burned out lights inside and outside the building using approved products. 13 25Q-25 13. Clean and disinfect lockers (sides and tops) using approved germicidal cleanser. Throw away any trash found in unlocked lockers or on top of lockers. 14. Clean and disinfect shower walls, fixtures and curtains using approved germicidal cleanser. 15. Pick up and remove trash and debris within 10' feet of the building in each direction. 16. Remove, clean and sanitize areas outside the building using an approved germicidal cleanser all urine, feces, and other liquid or solids within 10' in each direction of the building. 17. Clean exterior of the building free of all foreign materials including paper wads, confetti, etc. 18. Turn off lights once work is completed. Weekly Cleaning Schedule -Restrooms, Showers and Locker Rooms Polish all tiles surfaces using approved product to achieve a high quality appearance. 2. Inspect shower curtains. If curtains are worn, the contractor, at his expense, shall replace the curtains with a shower curtain product acceptable to the Director's representative -maximum three replacements per shower curtain. Thereafter, City provides the curtains for Contractors to replace. 3. Clean light fixtures and protective coverings inside and out using approved germicidal cleanser. Monthly Cleaning Schedule -Restrooms, Showers and Locker Rooms 1. Clean and repaint floor surfaces using approved paint per the manufacturer's specifications. 2. Use pumice stone or other product/tool to remove mineral buildup from around fixtures in the restroom. Approved Park Restroom Supplies Toilet Tissue -Acclaim White Singlefold Interfolded Bath Tissue item # 10101 - 00 Scott Bathroom Roll Tissue, item # 05102 20, 4.4 x4.5 inches (Rosita women's restroom only). Approved Cleaning Supplies For cleaning urinals and commodes Colossus For cleaning polished and brushed chrome Safe-Dee or Glass Cleaner Metal/Chrome polish Briteboy Disinfectant Versatile 14 25Q-26 CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the company listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non- discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. COMPANY TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 15 25Q-27 r, viTiD iT Gc!'~» SAMPLE ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents 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. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name 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 Policy # Issued to the endorsement form as part of Name Insured Countersigned by 16 25Q-28 I~I3' `-` SAMPLE AGREEMENT CITY OF SANTA ANA CUSTODIAL AGREEMENT THIS AGREEMENT, made and entered into this day of 2008 by (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 A. The City desires to retain a Contractor having special skill and knowledge in the field of custodial services comparable with "high-level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. 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 "high-level" contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in the Custodial Services Agreement Description/Specifications/Work Statement (Exhibit "A" hereto) and all attachments thereto, as well as the Contractor's Proposal of Services (Exhibit " "hereto) attached to this Agreement. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail. 2. CITY INSPECTION The Director's designated representative shall other City property subject to this Agreement. that is not performed in the manner, and Specifications, Contractor agrees that the City regularly inspect the parks restrooms and all If said inspection results in discovery of work `o the professional degree set forth in the shall deduct from Contractor's next monthly payment, the cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park restroom not meeting the Specifications during any such inspection. 17 25Q-29 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit " ". The total sum to be expended under this Agreement, shall not exceed the annual amount of $ during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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 or as otherwise provided in Exhibit A. 4. TERM This Agreement shall commence on the date first written above and terminate on unless terminated earlier in accordance with Section 12, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for two additional two-year terms in an annual amount not to exceed $ .Such renewal(s) shall be in a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire terns 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 anemployer-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 its employees and shall be responsible for all applicable withholding taxes. 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: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom 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 $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form as set forth in Exhibit "C" attached hereto upon execution of this Agreement. Said endorsement shall be approved in form by the City Attorney. 18 25Q-30 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. 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 worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer Contractor must obtain and maintain Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) 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. f. 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 Agreement. 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. 7. INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, lost profits, restitution, judicial or equitable relief or any other type of damage whatsoever arising out of claims for the same, which may arise from the direct or indirect actions of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates in any way to the services provided by Contractor under this Agreement; and (2) from any claim that personal injury, damages, just compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage whatsoever is due by reason of the teens of or effects arising from this Agreement or of the Contractor's actions hereunder. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, lost profits or any other judicial or equitable relief or damages 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 19 25Q-31 defense of the City, including fees and costs for special counsel to be selected by the City, relative to any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, lost profits, or judicial or equitable relief or any other type of damage whatsoever has arisen by reason of the terms of, or effects arising from this Agreement or Contractor's actions hereunder. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. 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 inforration 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. 9. 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. 10. 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 telefacsimile 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 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) 20 25Q-32 P.O. Box 1988 Santa Ana, California 92702 and To Contractor: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 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 telefacsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive agreement 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 nor 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 are not embodied herein. 12. 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. 21 25Q-33 13. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination and by the Contractor upon ninety (90) days written notice. In the event of termination by the City, 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 completed as of such date, and in such case such work product shall be the property of the City unless prohibited bylaw, 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 perfornance specified in the Recitals of this Agreement and in the Specifications, Exhibit "E" hereto. c. Material Breach: If the Director determines the Contractor has failed in the perfornance of the duties and/or schedule as provided herein, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity for said breach including, but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or a new contractor at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs resulting from any breach, including incidental and consequential damages (see Sample Failure To Perform Letter, Exhibit " "hereto). 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in recruitment, selection, training, utilization, promotion, termination or any other employment related activity. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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 by the parties hereto or arises out of, or in connection with or by reason of this Agreement. 16. 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 22 25Q-34 inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability may, at the City's discretion, be cause for termination of this Agreement. 17. 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. CITY OF SANTA ANA: ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director of the Parks Recreation and Community Services Agency DAVID N. REAM City Manager CONTRACTOR: sy: NAME) TITLE)_ Tax ID # 23 25Q-35 ADDENDUM NO. 1 REQUEST FOR PROPOSAL FOR PROVIDING JANITORIAL SERVICES FOR CITY OF SANTA ANA PARK RESTROOMS RFP Reference No. 08-021 PRCSA Date Due: April 10, 2008, 5:00 P.M. Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP No. 08-021 PRCSA. This addendum shall become a part of the original Request for Proposal due by 5:00 p.m. on April 10, 2008. This addendum is provided in response to questions asked at the pre-proposal conference conducted on March 27, 2008. 1. Re: Section I. A., Item 16, and Section II. A., Item 9 Bonding requirements will remain as follows: BONDING Each proposal shall be accompanied by a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful contractor shall also be required to provide the City a Payment bond in the amount of 100% of the total award to satisfy claims of material suppliers and laborers employed by it and finally a Performance Bond in the amount of 100% of the total award to guarantee faithful performance of all work in a manner satisfactory to the City within 20 days of receipt of award. 2. Exhibit "A", Item 12, Page 13 shall be revised to read as follows: Inspect and replace burned out lights inside and outside the building using existing type (manufacturer and watta~el lights products or approved equal. Contractor shall replace at their own cost a maximum 3 light bulbs per year per fixture. Contractor must inform Citv of light bulb replacement within 48 hours of the bulb being replaced in order to receive credit for a replacement 3. Exhibit "A", Item 15, Page 14 shall be revised to read as follows: air-ectien-Pick up/clean and remove any trash debris and/or foreign materials on the exterior of the building caused by the Contractor's service of the restrooms 25Q-36 4. Exhibit "A", Item 16, Page 14 shall be revised to read as follows: Remove, clean and sanitize entrance areas outside the building using an approved germicidal cleanser all urine, feces, and other liquid or solids. ~•~~*'~~~ ' ~' ~r ^^^~ uu vv uvx 5. Exhibit "A", Item 1 (Monthly), Page 14 shall be revised to read as follows: rt~'~~ mz~a--"rcp.. „~ ~l f e~s--t}~~~~c~f'd-~t~r~--pcr-a= 1' ` ' ~°^~~^^+~^„~. No longer required. 6. Exhibit "A", Item 2 (Monthly), Page 14 shall be revised to read as follows: Inspect shower curtains. If curtains are worn, the contractor, at his expense, shall replace the curtains with a shower curtain product acceptable to the Director's representative -maximum three replacements per shower curtain. Thereafter, City provides the curtains for Contractors to replace. Shower curtains shall be to match existine. Should you have any questions or require additional information, please contact Robert Carroll, (714) 571-4218. 25Q-37 Exhibit ~~B ~~ SERVICE PROPOSAL COMPANY PROFILE JANITORIAL SERVICES FOR CITY OF SANTA ANA PARK RESTROOMS RFP NO. 08-21 PRCSA CITY OF SANTA ANA ~._ __._ ... ___ m . _~_~_~_ - __ _. -_,~ _~ ,~ COPY -~ Submitted By: Bruce M. Hwang V. P. of Operations Bruce@bellbmc.com Bell Building Maintenance Company 5170 Sepulveda Blvd., Suite 180 Sherman Oaks, CA 91403 Tel: (818) 385-0790 Fax: (818) 385-0730 25Q-38 BELL BUILDING MAINTENANCE COMPANY B E L L 5170 SEPULVEDA BLVD. #180 SHERMAN OAKS, CA 91403 PHONE: (818) 385-0790 FAX: (818) 385-0730 April 8, 2008 Mr. Robert Carroll Parks, Recreation and Community Services Agency Accounting and Budget Section M-23 888 W. Santa Ana Blvd. 2"d Floor Santa Ana, CA. 92701 Dear Mr. Carroll, Thank you for your interest in our company. Our company is a custodial and building maintenance contractor. Our primary business is providing complete professional and first class custodial services to commercial office buildings, industrial facilities, medical buildings, fitness clubs, banks and school, both large and small. Our company is not a service company bidding on an occasional custodial contract, but a custodial company performing only custodial and building maintenance contracts. Our company fully understands and agrees that its submission of a RFP constitute an acknowledgment and acceptance of, and willingness to fully comply with, all terms and conditions of the RFP and any addenda thereto. Our proposal shall be remain valid for a period of 60 days from the final date that the proposal to be submitted. Mr. Bruce M. Hwang, Vce President of Operations, is authorized to make representations for BBMC during negotiations and commit BBMC to the Agreement. Mr. Hwang may be reached via the following: Tel : (818) 385-0790/ Fax :(818) 385-0730 Cell: (213) 220-1393 E-mail: bruce@bellbmc.com Address: 5170 Sepulveda Blvd. Suite 180 Sherman Oaks, Ca 91403. Please bear in mind that the competitiveness of our bid in no way compromises the quality of the work performed and we pride ourselves in our outstanding customer satisfaction record. BBMC offers the following: • State of the art industrial equipment to minimize downtime and save costs. • 24 hour emergency service, 365 days a year, two-hour response time in most instances. • Insured and Bonded workforce.. • Follow up visits by our representative. We hope that our company information will grant us as your contractor and look forward to a long, mutually rewarding relationship. Thank you. Sincerely, Chan~ee Yang-- President 25Q-39 H C O e+-6 V d Q. N 0 ~, 0 ~.. .; d 0 'C Q C N ~ V ~a N 3 N O OZ Q- a O LL a~ s~ 0 . ? 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CONTRACTOR'S REFERENCES This sheet must be completed in full and returned with contractor's proposal. List and describe fully three contracts performed by your company, which demonstrate your ability to provide services in accordance with the RFP. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your company's qualifications. Reference No. 1 Customer Name: City Of Santa Clar~to~itact Individual: Mr. Ron Fierro 23920 Valencia Blvd Address: Santa Clarita, CA Phone Number: ~ 661) 250-3737 Contract Amount: $22, 950/Month yam: On going Since 2000 Description of equipment and services provided: 1.3anitorial Service At 2 Large Sports Complex 2.Janitorial Service At 16 Locations Parks Restrooms. Reference No. 2 Customer Name: City Of Riverside 3836 Chestnut St. Address: Riverside , CA 92501 Contract Amount: $ 2 3, 5 2 0 /Month Contact Individual: Sonya Chavarria Phone Number: t 9 51) 3 51 - 61 2 2 yam: On going Since 2004 Description of equipment and services provided: 1.Janitorial Service At 11 Community Centers 2.Janitorial Service At 12 Locations Parks Restrooms Reference No. 3 Customer Name City Of Rialto 335 W. Rialto Ave. Address: Rialto, CA 92376 Contract Amount: $19,230/Month Contact Individual: Susanne Wilco$ Phone Number: ~ 909) 820-2525 ext .2062 yam,: On going Since 2007 Description of equipment and services provided: 1 Janmtorial Service At Vari~u~ City OwnPr1 R,,; lrl;.,g 2.Janitorial Service At 21 locations of Park Restooms 25Q-43 VI. 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 III. 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. Bell Building Maintenance Co. Name of Contractor S gnature of Authorized Rep. (Person, Firm, Corp.) 5170 Sepulveda Blvd. Suite 180 Address Mr. Bruce M. Hwang Vice President OP Operations Name and Title (Please Print) Sherman Oaks, CA 91403 April 08,2008 Address (818)385-0790 Telephone Number Date (818)385-0730 Fax Number 25'~-44 ABOUT BELL BUILDING MAINTENANCE COMPANY Bell Building Maintenance is a minority, woman owned local company headquartered in the San Fernando Valley. BBMC has been in the business of janitorial services for 30 years. Our customers depend on us for top quality services and worry-free janitorial and related services. BBMC team is committed to providing value, superior customer service and protective, cost-effective, responsive solution. We pride ourselves on outperforming our competition on all levels and building long-term relationship with our customers. BBMC provides the highest industry standards of professionalism in Janitorial/Maintenance services for full range of commercial building, government facilities, electronics manufactures and other highly complex industries. Since it's incepted 30 years ago, BBMC has completed more than 500 of the service contract terms without failure and never been refused to renew the contract terms. We do have the handful list of clients who kept the our services more than 10 years like Sunkist, City of Santa Clarita, Teledyne Electronics, VDA property management Corp, Aroma Sports Complex, etc. At this time BBMC has 25 field supervisors, over 400 custodians and over 8 million square feet cleaned and services daily. The differences of BBMC with other service firms is the lower employee turn over rate and highly experienced team leaders. Majority of our supervisors has 10 years experience and 50% of custodians has minimum 5 years experience under BBMC employment. COMPANY PHILOSOPHY We at Bell Building Maintenance believe that in our service industry personal attention and responsiveness are the key to success. In the competitive Building Maintenance industry, the contractor that is best equipped to design, implement, and properly supervise each individual job, realizing the specific needs of each customer, is most likely to build last long term relationships. To achieve these long term relationship with each customer is the primary goal of the management of Bell Building Maintenance. WHATEVER IT TAKES Bell Building Maintenance is committed to doing "Whatever It Takes" to continue to be a leader in the Janitorial Industry. WHAT WE ARE ABOUT: '' Personal Attention "Superior Management * Competitive Pricing Long-Term Partnership * Honesty and Integrity '` Complete Safety Training * Quick Response Time * Motivated and Professional Employees 25Q-45 VALUE- ADDED SERVICES Based on our knowledge and experience in dealing with various type of facility maintenance, BBMC is very aware of the significance of the proper floor care and has developed advanced techniques and affiliated with nationally well known franchised professional services to supplement our facility service solutions, such as Marblelife, EnduraCrete, Gumbusters and Experts Window Wash. BBMC differentiates itself from other firms in our industry by our performance and ability to meet and exceed our client's specific expectations. BBMC will provide services according to the contract, but has the following value-added services that exceed our client's expectations. BBMC stands behind our services with a 100% service guarantee. • Complete Carpet Care including interim and restorative work. • Hard Floor Care such as strip & wax and sealing of floors including linoleum, terrazzo, natural wood, and quarry tiles. • Marble and stone floor care maintenance, polishing, and renovation.- MARBLELIFE • Concrete floor polishing, staining, and overlayments - ENDURACRETE • Restroom ceramic the and grout restorations.- MIDAS restoration system. • Gum removal on entry ways, sidewalks, and parking structures- machine and high pressure steam machine. 25Q-46 MANAGEMENT COMMUNICATION: Prompt and accurate transmission of information is vital to our client. The value of s management accessible communication network has been demonstrated many times when client emergencies have demanded immediate action to prevent and minimize potential losses resulting from mechanical failure, natural disasters or deliberate sabotage and vandalism. We utilize the latest technology to keep a strong and immediate connection between all of our buildings and supervisors. SUPERVISION: BBMC feels that our supervisors are the most important part of our employee training program. In the final analysis, the supervision of our employees and the careful attention to detail that our supervisors are taught to bring to their responsibility will make the difference for our client. Each supervisor remains in constant communication with management and employees to keep the team approach we value for continued success. JOB ASSIGNMENTS AND WORK LOADING: BBMC will provide qualified supervision to assume responsibility for personnel while performing the services as outlined in the cleaning schedule. All Supervisors are on-site working supervisors and when assigned to the account will be thoroughly briefed on all specifications and requirements. One supervisor will be responsible for 3 working teams and approximately 300,000 cleanable square feet. I SUPERVISOR I TEAM LEADER I I TEAM LEADER I I TEAM LEADER 2 CUSTODIANS I I 2 CUSTODIANS I I 2 CUSTODIANS ASSIGNED S/F: 100,000 I I ASSIGNED S/F: 100,000 I I ASSIGNED S/F: 100,000 A four-person team (1 Leader with 2 custodians) utilizes their experience in organizing the work program for your facility : Project Manager, Quality Control, and On-site Supervisor whose direct responsibilities of the facility wilt be * Work specifications, density of building, physical layout, and time constraints. This team structures a plan for cleaning the facility, then fits people into the plan by making the most effective assignments possible. * Each assigned custodian is then trained to perform their assignment (Train Program) The objective is thoroughness and efficiency, so that custodian is trained in a system and is taught to use methods developed and proven by BSCAI (Building Services Contractors Association international ). The custodian is made familiar with total work specifications as well as the individual requirements of his/her assignment. 25Q-47 QUALITY CONTROL Our Quality Control (QC) Plan is based on its existing QC program in place at other projects 8 accounts. The plan is always tailored to meet the unique project quality requirements of each client. Our QC plan has several unique features to ensure maximum cleanliness levels in all areas of the building. Expanded inspections cover areas that have been serviced and those that have not. The Project Manager will inspect both types of areas to ensure that quality levels are achieved in serviced areas and that the frequency of service is adequate to maintain cleanliness levels between servicing. Trend analysis which is based on customer questionnaires and project checklist is used to identify degradation in project services before deficiencies occur. BBMC will make systematic changes in cleaning schedules, staff assignments, cleaning procedures, and service frequency to maintain quality and improve productivity. Inspection schedules are tailored for each building to ensure complete coverage of executive and high-traffic areas. Each area of facility will be formally inspected at least twice each month. Heavy used public areas will receive even more frequent inspections. Project inspection will be augmented by significant corporate support and on-site quality audits. Cursory inspections are performed daily. A detailed plan and procedures for verifying performance will be implemented. It is designed to ensure that all project functions are monitored and that every building is inspected to ensure that quality requirements are being met. In formulating the inspection schedule, the Project Manager will ensure that all areas in all covered facilities are inspected each month, and that the work of each custodian is also inspected. This inspection approach will prevent deterioration at infrequently serviced area and will enable an optimum allocation of resources. INSPECTION AND SUPERVISION We assign a dedicated BBMC supervisor to each facility to perform on-site inspection and to handle all aspects of the cleaning schedule and all workers are responsible to him/her. Alternatively, a foreman is assigned to act as temporary supervisor in the absence of the supervisor. Supervisors are trained in human relations and employee motivation. Staff uses computer generated "work tickets" to schedule and follow-up on periodic work such as carpet care and stripping floors. BBMC conduct periodic customer satisfaction survey to ensure that our customers are getting the best possible service and the value from our program. With our supervisors available for on-site inspections and decisions, BBMC is capable of making a "quick response" decision without consulting our main office and most emergency situation can be handled in a timely manner. 25Q-48 PASSIVE INSPECTION AND FOLLOW-UP Our on-site supervisors are specifically instructed to maintain a direct communication with our customers. BBM supervisors and the crews maintain a communication log with each customer and are required to check the log at the start of every assignment. Each assignment starts with a check on the log, and should there be any complaint or comment written, they are required to respond both in document and in action, so that the customers know that the request has been read and was addressed accordingly. For all other emergency situations and requests, there is a 24-hour customer service hotline at BBMC that provides access to supervisors and managers and immediate responses. QUALITY CONTROL ENFORCEMENT In addition to discussing quality control, we will also explain how we intend to control the quality in your facilities. At BBMC, Quality control is the cornerstone of our cleaning program. The reducing of cleaning concern allows management personnel to effectively and efficiently addresses the issues. Controlling quality is a combined effort by our entire management's staff. It consist of facility inspections, corrective action reports, facility rating reports, client logbook, client liaison meetings, and above all, our ability to communicate with your representative. GENERAL INSPECTION INFORMATION: The inspection of an area is performed at three different time periods, for two different reasons. The results of each of these inspections will provide us with information that we can use to strengthen the service we provide for your facility. 1. INSEPCTION DURING NORMAL BUSINESS DAY Inspecting during the daylight hours allows us to see the cleaning through your eyes. We are able to note stains and spots that are not always noticeable under artificial light. 2. INSPCTION DURING CLEANING HOURS Our Managers inspect the work while it is being performed. Observation of our cleaners and service workers insures the most efficient technique is constantly being utilized and that all schedule tasks are being addressed. Oversights and mistakes are much easier to correct when the cleaners can be observed actually performing their duties, and we find this an excellent time to correct cleaning technique. 3. INSPECTION AFTER CLEANING HOURS We find that randomly inspecting after completion of the work provides us with an excellent overview of the cleaning and enables us to have a valuable perspective of how the building will look when your employees and/or tenants arrive. 25Q-49 CORRECTIVE ACTION REPORT: The Corrective Action Report is perhaps the simplest report we use. It is designed to allow our management to demonstrate to a cleaner or another manager errors which require correction. The form is basically made up of three sections. The first outlines the problem. The second section details the action needed to be taken to correct the problem. The third outlines follow- up inspection of the cleaner to insure that the problem is not repeated. Quite simply it shows; The problem, the Solution, and What Training needed. Simple perhaps, but a most important part of our overall program to control quality. THE LOG BOOK In order to allow for an open communication between our management and your Management, we will provide a logbook in your office. The book will be available to record messages that can be directly answered by our Site Supervisor. Using the system you will know the answers to your concerns first thing in the morning provided directly from our manager. CLIENT LIAISON MEETINGS These meetings are most valuable and necessary. They provide management, yours and ours, interaction. In this way, lines of communication are kept open, insuring the mutual participation of all involved parties. QUALITY CONTROL CONCLUSION As previously stated, BBMC believes that management is the cornerstone of a successful cleaning program. We have developed a program for your facility that will provide you with the necessary management and Quality Control procedures to insure the continual success of the cleaning program. This success is not based on one opinion or one form of inspection. The secret of BBMC success is in the combination of the programs outlined in this proposal. This approach permits us to control the expected cleaning standard. 25Q-50 SUPERVISOR'S REPORT • REPORTED BY : DATE: • TIME IN : TIME OUT CONFIRM MEMOS : # # # # UNCONFIRM MEMOS : # # # # .- ~ 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. * (SEE ATTACHED INSPECTION REPORTS ) ~ ~ ~• BUILDING EQUIPMENT NATURE OF PROBLEM DAMAGE & ACCIDENT REPORT • BUILDING TIME WHERE/ HOW IT OCCURRED ACTION FOLLOWED SPECIAL JOB COMPLETED BUILDING DESCRIPTION OF JOB MATERIAL USED 25Q-51 QUALITY CONTROL INSPECTION FLOOR INSPF(:TC~R AREA DATE ~ TIME AREA /CHECK ITEMS QUALITY LEVEL RATING REMARK Excellent Good Poor OFFICE AREAS Dustin 6 4 2 Vacuum / Swee , Mo 6 4 2 Floor Car t o earance 6 4 2 Furniture /Desk To s 6 4 2 Doors /Partition Glasses 5 4 2 Air Vents / Li ht Fixtures 4 3 1 Walls /Corners 3 2 1 Wastebaskets / Rec clin 4 3 1 CATEGORY TOTAL 40 LOBBIES & CORRIDORS Doors /Door Glasses /Windows 2 1 0 Drinkin Fountains 2 1 0 Entrance Areas 2 1 0 Rece tion Area /Furniture 2 1 0 Floors Car ets A earance 3 2 1 Air Vents / Li hts Fixtures 2 1 0 Urns & Rece tacles 3 2 1 Floor Mats /Stair Was 2 1 0 Walls /Baseboards 2 1 0 CATEGORY TOTAL 20 RESTROOMS I SHOWERS (IF ANY ) Dis ensers & Containers 3 2 1 Toilets /Urinals 3 2 1 Wash Basins 3 2 1 Faucets / Plumbin Fixtures 2 1 0 Floors /Tile Grouts 3 2 1 Corners /Baseboards /Floor Drains 3 2 1 Walls /Partitions 3 2 1 CATEGORY TOTAL 20 BLDG. EXTERIOR Sidewalks 2 1 0 Patio 2 1 0 Exterior Windows 2 1 0 Parkin Lot 2 1 0 CATEGORY TOTAL 8 LUNCH & BREAK AREAS A liances /Cabinets 2 1 0 Tables /Chairs 2 1 0 Floors / Floor S ots 3 2 1 Sinks /Counter To s 3 2 1 Walls & Doors 2 1 0 CATEGORY TOTAL 12 25Q-52 ROUTINE SERVICE DAILY CHECKLIST Routine Cleaning duties are listed to assure consistency and completion of all tasks everyday. BUILDING LEVEL AREA /ITEMS WORK DESCRIPTIONS AREA /ITEMS WORK DESCRIPTIONS BLDG. EXTERIOR LUNCH /BREAK AREA Ent wa Swee ,Trash Table Clean, Polish Doors Glass, Handle, Frame Chair Clean, Position Urns ,Trash Em t , Sink Clean, Polish Patio, Sidewalk Swee ,Debris Counters Clean, Polish Parkin Lot Swee , Debris, S ots A liances Inside, Outside LOBBY CORRIDORS Led es Corners, Baseboards Led es Corners, Baseboards Windows Sot, Frame, Sills Stairwa s Ste s, Landin ,Hand Rail Walls Sot, Hi h Dustin Elevators Wall, Track, Floors Doors Frame, Window, Handle Walls Sot, Hi h Dustin ,Vents Fixtures Li ht, Metal, Directo Floors Vacuum, Mo ,Sot Floors Vacuum, Mo ,Sot OFFICE AREAS RESTROOMS Car t Vacuum, Corners, S ots Toilets, Urinals Clean, Sanitize Hard Floors Swee , Mo ,Corners Sinks Clean, Polish Desk To s Dust, Wi a Clean, S ots All Su lies Fill u to full Furniture Clean, Dust, Polish Stalls, Walls Clean, Remove Graffiti Hi h Dustin To s of Divider, Cabinet Mirrors Clean, Frame, S of Conference Rm Table To ,Chairs Trashcan Em t ,Sanitize Trashcan Em t ,Sanitize Walls Clean, Dust, S of Showers if an Floor, Wall, Drains W EEKLY CLEANING DUTIES DAILY CLEANING DUTIES Hi h Dustin Vents, Corners, Li hts Trash Em t all Waste Baskets Baseboards Wi a down Walls Sot Clean Detail Clean Restroom Stalls, Fixtures Car ets Vacuum, Remove S ots Floors Machine Polish, Scrub Floors Swee ,Dam Mo DATE: CLEANED BY NOTES: 25Q-53 JANITORIAL INSPECTION REPORT File Number LOCATION BLDG. NAME DATE OF INSPECTION ADDRESS CITY REGION THE REQUIRMENT BELOW ARE BASED UPON THE JANITOIRAL SPECIFICATIONS The entire premises both interior and exterior are to be inspected to assure compliance with contract spec cations. Record findings below and take action as appropriate to correct all unsatisfactory conditions. DESCRIPTIONS 1 2 3 4 DESCRIPTIONS 1 2 3 4 1. Entrance, Lobb , Rece tion Area 14. Teie hone 2. Ent Doors & Door Glass 15. Conference Room 3. Ent Wa s & Walk-Off Mats 16. Wastebasket and Liners 4. Fumiture Dustin 17. Stairs & Rails 5. Desk To s 18. Lunch & Break Rooms 6. Low Dustin 19. Restrooms -Women's 7. Hi h Dustin 20. Restrooms -Men's 8. Air Vents Below 10 ` 21. Su lies 9. Partition Glass 22. Janitor Closet 10. Office Doors & Kick Plates 23. Exterior Trash Rece tacles & Sidewalks 11. Vacuumin 24. Parkin Lots 12. Ca et S ots, Chewin Gums 25. A arance of Custodians 13. Hard Floor SUB TOTAL SUB TOTAL TOTALS / 100 PERIODIC SERVICE CODITION Hard Floors U holstered Furniture & Ca et Sham ooin Wood Furniture Polishin and Grime Removal Li ht Fixture Cleanin , Hi h Dustin ,Air Vents Machine Scrub Restroom Floors Exterior Window Washin 1 -NEEDS IMMEDIATE IMPROVEMENT 2.- UNSATISFACTORY 3.-SATISFACTORY 4. -EXCELLENT ( 55-74%) (75-90%) (91-100%) MSDS SHEETS YES ( ) NO ( ) SPEC'S YES ( ) NO ( ) DAILY CHECK LIST: YES ( ) NO ( ) COMMENTS BY INSPECTOR SUPERVISOR SIGNATURE DATE TELEPHONE NUMBER COMMENTS BY FACILITY MANAGER OR CLIENTS REPRESENTATIVE SIGNATURE DATE TELEPHONE NUMBER 25Q-54 QUALTY CONTROL MONTHLY EVALUATIONS Ruildina Floor Level MAXIUM MINIMUM JAN FEB MAR APR MAY JUNE SCORE SCORE LOBBY / 10 7 CORRIDOR OFFICE AREA 40 21 ELEVATOR / 10 7 STAIRWAY RESTROOM / 20 14 LOCKER ROOM CAFETERIA / 10 7 BREAK AREA BLDG. EXTERIOR 10 7 PARKING LOT 100 70 TOTAL QUALITY LEV EL BY MONTH MAXIUM MINIMUM JULY AUG SEPT OCT NOV DEC SCORE SCORE LOBBY / 10 7 CORRIDOR OFFICE AREA 40 21 ELEVATOR / 10 7 STAIRWAY RESTROOM / 20 14 LOCKER ROOM CAFETERIA / 10 7 BREAK AREA BLDG. EXTERIOR 10 7 PARKING LOT 100 70 TOTAL QUALITY LEV EL BY MONTH REMARKS: 25Q-55 " HOT ZONE " QUALITY CONTROL, INSPECTION PROCEDURE BBMC Administrative Support and Quality Control Team will declare a "HOT ZONE "for an area That has constant scope deficiencies and where the Project Manager will begin focusing. SUPERVISOR. BBMC will provide thoroughly trained additional On-Site Supervisor. Supervisor will be physically located during normal work shift, Monday through Friday so that such is readily available to deal with the day-today operation of the contract. Supervisor shall be knowledgeable in all aspects of the contract service operation and will monitor each individual custodian's performance and conduct re-training process if it's necessary. DAILY, WEEKLY INSPECTION. Supervisor will walk through with check list and will conduct Daily /Weekly inspection and fill out the form at the end of the week ( Friday ). UNSCHEDULED INSPECTION. Quality Control will conduct unscheduled inspection during normal working hour at least once a week or more often if necessary and make a report to the Project Manager. The purpose of unscheduled inspections is to make sure all the tasks and services are being performed in an acceptable manner and to identify deficiencies in the quality of service performed before the level of service becomes unacceptable. Where a deficiency has been observed, Quality Control will notify to the Project Manager for immediate resolution. FOLLOW-UP INSPECTIONS. Quality Control will conduct Follow-up inspection of all work found to be deficient on the initial inspection. Quality Control will notify to the Project Manager on any item found to be defective on this second inspection. Deficiencies found on this second inspection will be corrected immediately. WORK SUMMARY REPORT. A Weekly Summary report will be turned in to the Facility Manager on the first work day of the week indicating all completed or in-progress work and any corrective action taken. 25Q-56 INSPECTION COMPLETION FORM File Number ( This form is intended for inspections with unsatisfactory scores & "HOT ZONE "area ) SERVICES AREA LOCATION NAME ADDRESS INDICATED BELOW ARE ITEMS THAT WERE FOUND UNSATISFACTORY ON : DATE PLEASE RESOLVE THESE ISSUES IMMEDIATELY ! REQUESTED BY DATE: DESCRIPTIONS DONE DESCRIPTIONS DONE Entrance, Lobby, Reception Area Telephone Entry Doors & Door Glass Conference Room Entry Ways & Walk-Off Mats Wastebasket and Liners Furniture Dusting Stairs & Rails Desk Tops Lunch & Break Rooms Low Dusting Restrooms -Women's High Dusting Restrooms -Men's Air Vents Below 10 ` Supplies Partition Glass Janitor Closet Office Doors & Kick Plates Exterior Trash Receptacles 8~ Sidewalks Vacuuming Parking Lots Carpet Spots, Chewing Gums Appearance of Custodians Hard Floor PERIODIC SERVICES DESCRIPTIONS DONE DESCRIPTIONS DONE Hard Floors Upholstered Furniture & Carpet Sham ooin Furniture Polishin and Grime Removal Li ht Fixture, Hi h Dustin ,Air Vents Machine Scrub Restroom Floors Exterior Window Washin COMMENTS SPERVISOR SIGNATURE DATE TEL PLEASE FAX TO BBMC AT (818) 838-6848 IMMEDUATELY AFTER INDICATED ITEMS HAVE BEEN COMPLETED 25Q-57 RESQLUTI~N TQ QUALITI( PROCESS Bell performs JPL informs BeN reviews is identified the work order I~P~O YES Beli of the the cause of and a work and ir>forms Is the work work orders the deficiency order is issued JPL of the completed satisfactory ark installs the for a corrective completion satisfactorily? completion controls to stop action it from recurring wo Bell identifies the reason forthe failure and perform the work order again Bell (1) investigates further, (2) identifies the issue, (3) install nspecti°n. YEs corrective action ~© Is the work X (including retraining) completed aril (4) complete me satisfactorily? work order to the level acceptable m JPL 25Q-58 THE IMPLEMENTATION PLAN SITE REVIEW Upon notice of contract award, our company will do a complete site review of the property. FACILITY MANAGEMENT MEETINGS A successful start-up plan is based upon establishing good client rapport and developing clear lines of communication, such as methods of report. LINES OF COMMUNICATION To maintain good working relations and provide a responsible service, BBMC must establish open lines of communication. We will provide all pertinent telephone numbers of project responsible personnel for service requests and emergencies. SUPPLIES AND EQUIPMENT Supply and equipment needs will be specifically determined and purchase orders will be placed with our vendors. Equipment and storage areas will be determined. PRE-OPERATION PROCEDURES When above four steps has been accomplished; 1. Janitorial crews wilt meet with the facilities personnel to introduce themselves. 2. Tour of the project facilities will be conducted. 3. Identify special security considerations and coordinate security and operation procedures. 4. Inventory all supplies and equipment as received and distributes to appropriate areas. 5. Inspection sheet made, if necessary 25Q-59 HARD FLOOR CARE Floors are one of the most visible areas in any facilities and much of maintenance effort is judged on their appearance. Bell Building Maintenance Company's Floor Care Program effectively deals with the five essential aspects of floor maintenance. 0 Sealing / 0 Finishing / 0 Cleaning / 0 Maintaining / 0 Stripping Here are a few of our Floor Care Program procedures and plans that will deliver a brilliant level of shine and cleanliness on a consistent basis. ^ Use quality products -only uses John Wax and other high quality products. ^ Use the right equipment. ^ Clean floor promptly -Use high performance detergent floor cleaner that lifts the dirt and leaves the shine. Remove stains, spills and deposits on a daily basis. ^ Establish a work schedule and follow through. ^ Rinse out mops immediately after use and hang them up to drv. ^ Prevents buildup -Prevent finish build-up by machine buffing floor regularly, which help maintain a smooth, deeper shine and durability. 25Q-60 ^ Strip properly -Use highly effective floor finish remover to remove build-ups, and fast-acting foams to spray on baseboards and in corners. CARPET CARE The bulk of carpet soil lies below the pile surface. This hidden soil contains rough surfaces, which may scratch the carpet fibers. The abraded areas will appear dull -apparent soil -and may trap soil particles. If this abrasion continues, loss of fiber in traffic lanes may occur and carpet life may be reduced substantially. Bell Building Maintenance Company's Carpet Care System is designed to improve the condition and appearance of every carpet in your facility. BBMC uses professional carpet maintenance products along with our specific carpet cleaning system to produce the best results. .- ' _ ~ ~~ ~. w„- ,~ ~~ ~: ~, '4'. 25Q-61 RESTROOM CARE Restroom area is one of the most widely used areas in any facility. The following are common issues and concerns heard frequently: • Unpleasant odors. • Dirty floors. • Unclean toilets and urinals. • Dirty sinks and mirrors. • Empty soap and paper dispensers. Other important consideration is invisible -Disease and odor-causing bacteria. Keeping restrooms clean and sanitized is a major challenge for this industry. Bell Building Maintenance Company developed professional restroom care system effectively deal with the six essential aspects of restroom maintenance. • Floors and Walls • Toilet Bowls and Urinals • Sinks, Mirrors and Fixtures • Hand Care • Air and Odor Care • Shower Rooms All these areas require special attention and special care. BBMC has virtual capacity to clean, sanitize and freshen even the most unpleasant restroom into a clean and safe environment. SPECIAL SANITATION BBMC provides daily services to more than 40 health care facilities through out South California. Our experience and expertise assures you that we use only proven, tested products, systems and procedures to keep cafeterias, kitchens, washrooms, showers and locker rooms clean and sanitary. 25Q-62 TRANSITION PLAN Bell Building Maintenance Company integrates its service seamlessly to a new client's work environmental through complete planning and failsafe implementation. We understand the importance of our clients' work, and we strive to minimize initial interruptions and to exceed our client's performance expectation by administering detailed transition plan and by fine tuning our service to client's needs during the transition period. The transition team is comprised of the following members • Director of Operations • Contract Manager • Quality Assurance Manager • Human Resources Manager • On-Site Operation Manager The steps in transition are as follows: 1. Survey client's janitorial needs by analyzing RFP, site inspection and meetings. 2. Define a set of performance standards. 3. Develop a customized operation plan and transition timelines. 4. Execute the plan. according to the timeline. 5. Discuss and get feedback from the client regarding completion of the transition steps to adjust the service implementation. PERFORMANCE STANDARDS Performance standards for providing custodial and related services are: 1. High Quality Service- Maintain level of cleanliness for all facilities at "as new, just opened" appearance. 2. Open and Cooperative interaction -Engage in active dialog with property management to handle changing janitorial needs and service mishaps. 3. Proactive Quality Control -Apply preventive, as well as corrective actions to improve the service quality. 4. Supportive Partnership -Provide custodial services with respect for the important and complex work being performed, as part of the client's team. 25Q-63 OPERATION PLAN During the transition period, it is imperative that we as a service provider get the complete view of the client's service need, to design the operating plan that will best serve the client. We do this by following: 1. Verifying contract requirements -Contract Specialist and the Operation Manager, along with other members of the transition team walk through the facilities to reconcile the previous service specification and the perceived needs. Based on this walk, service modification is recommended. 2. Designing services -Internal work statements, equipment lists and labor allocation is completed based on the verification. 3. Establishing staffing plan and management organization -based on work amount and special services, service areas are divided and reporting structure is formed to maximize the labor utility and information flow. Supervisor/key staff training - Prior to custodial staff training, on-site managers and customer service representatives are thoroughly debriefed on safety, service requirements and organizations, so that they can design initial and monthly training program. 4. Custodial, safety and security training -manuals are compiled with respect to applied technology, Cal OSHA and SCAQM, and training program is design to maintain janitorial crews in their professional best. Based on the operation plan wrought during the transition period, implementation timelines are set. TANSITION TIMELINES Our Transition plan begins 30 days before the start of service to establish goals, design the job schedule and identify customer needs. • Gather facility information, complete site specification review. • Walk entire facilities with transition team management noting special attention area and need improvements. • Formulate initial work schedule. • Select Contract Manager. • Initiate search for On-site supervisors. • Generate procurement list for supplies 8~ equipment. • Notify the incumbent company of the new contract pending, and ask for their current employee list. 25Q-64 ~'~yY.~~i;~~ Y • Establish work schedule and staffing -Review all work requirements, density of building, physical layout, and time constraints, structures a plan for cleaning the facility, then most effective work flow possible. • Establish start-up special crew - BBMC will furnish additional experienced start-up special crew to assist the Contract Manager and On-site supervisors for trouble free start and to improve work quality during the first 30 days of start up period. • Review and revise Safety Program to site-specific. • Complete transfer of the certificate of Insurance. • Debrief On-site Managers and Customer Service representatives on details of the service plan and employee training. • Site office setup ~I ' .~ ... __.____ ___ _ _____ _ __ __ _ ._. _____. __.~ ~~,.._____, i • Review equipment, supplies and submit MSDS sheets for chemical used on-site. • Introduce Contract Manager and On-site Supervisors to Property Management. • Interview for all positions incumbent employees fro employment. • Conduct initial training with hired incumbent workers and new employees to introduce company rules, safety program, working rules, emergency contact number, etc. • Review trash removal procedures including recycling program. • Organize all equipment and supply storage. • Set delivery time for supplies and equipment. • Introduce Bell Building Maintenance Custodial Staff to Property Management. • Review keying/security procedure. • Review janitor log book implementation. • Set up daily, periodic work schedules and inspection schedules. • Deliver and confirm emergency phone list, and customer service guideline. • Perform a test run of communication system, software and emergency response system. 25Q-65 • Transition Team, On-site Supervisory Staff and Start-Up Taskforce Crew assemble at building for initial cleanup assignment, last minute adjustment and regular crew augmentation. • Preparation for arrival of crew and commencement of cleaning. Contract Manager meets with Property Manager regularly. "` Operation Manager performs regular inspections. • Start-up special crew improve work quality and perform restorative initial clean. '' Operation Manager's formal inspection with Property Manager. 25Q-66 Exhibit "C" ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, and the City of Santa Ana, located at 20 Civic Center Plaza, Santa Ana, California 92701; and their respective 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. 2. 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 Community Redevelopment Agency of the City of Santa Ana, 20 Civic Center Plaza (M-25), Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative 25Q-67 Exhibit "D" Date Name of person with ultimate authority Contractor's Name Address City, State, Zip Dear: JGp,?10/y F' 4i~ ~5.1 ( ,,,III '~ ~ ~- On (date, time) Contractor failed to perform work specified in the City of Santa Ana contract specifications as outlined below: 1 Location: Spec Section: A. Labor: Class Rate QTY Sub-Total 0.00 0.00 0.00 B. Equipment: C. Materials: Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REDUCED FROM MONTHLY INVOICE FOR FAILURE TO PERFORM 0.00 According to the contract specifications the Executive Director's Representative determines all maters concerning the Contractors failure to perform to the specifications. Should you wish to appeal this matter you may do so by submitting in writing a letter to the Executive Director's Representative, the Park Superintendent, within seven calendar days from the date of this letter. Your appeal will be given serious consideration and you will be contacted with the final decision. Respectfully, Name of Supervisor/Manager Title CC: Maricruz Chavez Robert Carroll Contractor's AR 25Q-68 CITY OF SANTA ANA CUSTODIAL AGREEMENT THIS AGREEMENT, made and entered into this 23 day of May, 2008 by Merchants Building Maintenance (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 A. The City desires to retain a Contractor having special skill and knowledge in the field of custodial services comparable with "high-level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. 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 "high-level" contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in the RFP (Exhibit "A" hereto) and all attachments thereto, as well as the Contractor's Proposal of Services (Exhibit "B" hereto) attached to this Agreement. Contractor will provide janitorial services in Districts 1 and 2. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail. 2. CITY INSPECTION The Director's designated representative shall regularly inspect the parks restrooms 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 cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park restroom not meeting the Specifications during any such inspection. 25Q-69 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit "B". The total sum to be expended under this Agreement, shall not exceed the annual amount of $92,823 during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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 or as otherwise provided in Exhibit A. 4. TERM This Agreement shall commence on the date first written above and terminate on May 22, 2010 unless terminated earlier in accordance with Section 12, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for two additional two-year terms in an annual amount not to exceed $92,823. Such renewal(s) shall be in a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 5. 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 anemployer-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 its employees and shall be responsible for all applicable withholding taxes. 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: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom 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 25Q-70 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 $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form as set forth in Exhibit "C" attached hereto upon execution of this Agreement. Said endorsement shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. 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 worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer Contractor must obtain and maintain Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) 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. £ 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 Agreement. 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. 7. INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, lost profits, restitution, judicial or equitable relief or any other type of damage whatsoever arising out of claims for the same, which may arise from the direct or indirect actions of the Contractor or its contractors, subcontractors, agents, employees, 3 25Q-71 or other persons acting on their behalf which relates in any way to the services provided by Contractor under this Agreement; and (2) from any claim that personal injury, damages, just compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage whatsoever is due by reason of the terms of or effects arising from this Agreement or of the Contractor's actions hereunder. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, lost profits or any other judicial or equitable relief or damages 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, relative to any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, lost profits, or judicial or equitable relief or any other type of damage whatsoever has arisen by reason of the terms of, or effects arising from this Agreement or Contractor's actions hereunder. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. 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. 9. 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. 10. 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 4 25Q-72 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 telefacsimile (714) 647-6956 With courtesy copies to: and Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: George Rodriguez Merchants Building Maintenance 1639-C Edinger Avenue Santa Ana, CA 92705 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 telefacsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive agreement 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 5 25Q-73 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 nor 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 are not embodied herein. 12. 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. 13. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination and by the Contractor upon ninety (90) days written notice. In the event of termination by the City, 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 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 and in the Specifications, Exhibit "A" hereto. c. Material Breach: If the Director determines the Contractor has failed in the performance of the duties and/or schedule as provided herein, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity for said breach including, but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or a new contractor at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs resulting from any breach, including incidental and consequential damages (see Sample Failure To Perform Letter, Exhibit "D" hereto). 6 25Q-74 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in recruitment, selection, training, utilization, promotion, termination or any other employment related activity. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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 by the parties hereto or arises out of, or in connection with or by reason of this Agreement. 16. 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 may, at the City's discretion, be cause for termination of this Agreement. 17. 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. 7 25Q-75 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By Jose Sandoval Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director, Parks Recreation and Community Services Agency 8 CITY OF SANTA ANA: DAVID N. REAM City Manager CONTRACTOR: By: TITLE)_ Tax ID # NAMEI 25Q-76 Exhibit . A.. REQUEST FOR PROPOSAL RFP NO. 08-021 PRCSA FOR PROVIDING JANITORIAL SERVICES FOR CITY OF SANTA ANA PARK RESTROOMS KEY RFP DATES: Issue Date: March 18, 2008 Pre-proposal Conference: March 27, 2008 Proposal Due Date: Apri110, 2008 25Q-77 REQUEST FOR PROPOSAL Notice is hereby given that proposals will be accepted for providing janitorial services for City of Santa Ana park restrooms, at the Parks, Recreation and Community Services Agency headquarters building, 888 W. Santa Ana Boulevard, Suite 200, Santa Ana, CA, 92701 until 5:00 p.m., April, 10, 2008. If further information is required, please contact Robert Carroll via a-mail rcarroll~a~,santa- ana.org or phone, (714) 571-4218. MAILED proposals should be addressed as follows: Parks, Recreation and Community Services Agency Accounting and Budget Section M-23 P.O. Box 1988 Santa Ana, CA 92702 Attn: Robert Carroll or delivery by hand or courier to: Parks, Recreation and Community Services Agency Accounting and Budget Section M-23 888 W. Santa Ana Blvd. 2°d Floor Santa Ana, CA 92701 Attn: Robert Carroll If mailed, it is the responsibility of the proposer to see that any mailed proposal shall have sufficient time to be received by the Accounting and Budget Section prior to proposal due date and time. Late proposals will be returned to the vendor unopened. The receiving time in the Accounting and Budget Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 2 25Q-78 I. GENERAL TERMS A. RFP TERMS AND CONDITIONS PROPOSAL SUBMISSIONS Proposals must be submitted to the Accounting and Budget Section in a sealed envelope showing on the outside, the name of the bidder, RFP NO. 08-021, and the proposal due date and time. All proposals must be signed by an authorized representative of the vendor. 2. PROPOSAL WITHDRAWAL Proposals may be withdrawn by written request received before the hour set for the opening. After that time, the contractor may not withdraw proposals for a period of ninety (90) days from the date of the opening. 3. LATE PROPOSALS It is the responsibility of the vendor to see that any proposal submitted shall have sufficient time to be received by the Accounting and Budget Section prior to the proposal due date and time. Santa Ana Parks, Recreation and Community Services Agency shall not be responsible for proposals lost or delayed in the mail. Late proposals will be returned to the vendor unopened. 4. REQUIRED DOCUMENTS Contractor must return the following completed documents with their proposal: • Detailed proposal of services in accordance with the specifications detailed in Exhibit A. Proposal should take into consideration the evaluation criteria included in Section III and should not exceed 20 pages. • Proposals should include job qualifications of key contract staff including general manager, superintendent, supervisor, and lead maintenance workers. • Completed Contractor's References form (Section IV); • Completed Proposal Summary and Deviations from Specifications form (Section V); • Signed Proposal Form (Section VI); • Exhibits B, C and D are for reference only, but will be required when the contract is awarded to the successful contractor. Contractor must submit one original and eight (8) photocopies of each proposal offered. 5. RIGHTS RESERVED The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any informality or technical defect in a proposal. The City also reserves the right to enter into agreements with one or more contractors to complete the scope of this RFP. 6. AGREEMENT Successful contractor(s) will be required to enter into an agreement with the City of Santa Ana. The City reserves the right to enter into an agreement with any, 25Q-79 all, or none of the contractors for atwo-year period, with the option of extending the agreement for two additional two year terms. 7. SELL OR ASSIGN The successful contractor shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. 8. LOCAL SALES TAX CONSIDERATION In accordance with the Santa Ana Municipal Code, a one percent (1%) preference will be applied to all bids for taxable goods submitted by suppliers located within the City limits of Santa Ana. 9. RECEIVING TIME The receiving time in the Accounting and Budget Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 10. COMPLIANCE WITH LAWS All bids shall comply with current federal, state, and other laws relative thereto. Contractor further agrees that the services proposed comply with all applicable Federal and State Occupational Safety and Health laws, standards for regulations, and that contractor will indemnify and hold the City harmless for any failure to so conform. 11. REFERENCE TO SUCCESSFUL CONTRACTOR The terms vendor, supplier, proposer, or contractor maybe used interchangeably in these specifications and shall refer exclusively to the contractor(s) with whom the City enters into contract as a result of this request for proposal. 12. INQUIRIES Refer inquiries in writing via email to Robert Carroll, rcarroll@santa-ana.org. 13. E-MAIL COMMUNICATIONS To facilitate the request for proposal process, contractors are required to monitor and respond to a-mail requests on a daily basis. 14. PRE-PPROSAL CONFERENCE AND JOB WALK A mandatory pre-proposal conference and job walk will be held on Thursday, March 27, 2008 at 8:30 a.m. in the Parks, Recreation and Community Services Agency headquarters building large conference room, 888 W. Santa Ana Boulevard, Suite 200, Santa Ana, CA. The pre-proposal conference will last approximately one hour. Immediately following the pre-proposal conference, staff will conduct a job walk to view some or all of the restrooms covered in the RFP. Please RSVP to Robert Carroll by Monday, March 24, (714) 571- 4218. 4 25Q-80 15. PRE-QUALIFICATION PROCESS In addition to submitting all documentation required in this request for proposal, contractors may also be required to demonstrate their ability to successfully perform the type of maintenance work contemplated by this request for proposal, including but not limited to providing an adequate number of staff, suitable equipment and materials as determined by the Director's representative. 16. BONDING Each proposal shall be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful contractor shall also be required to provide the City a Payment bond in the amount of 100% of the total award to satisfy claims of material suppliers and laborers employed by it and finally a Performance Bond in the amount of 100% of the total award to guarantee faithful performance of all work in a manner satisfactory to the City within 20 days of receipt of award. 17. REVIEW OF JOB SITE The Contractor shall be held responsible for carefully reviewing the sites and verifying all areas of work, prior to proposal submittal. The City recommends reviewing the sites during the busier evening and weekend hours to better understand the traffic that these facilities experience. II. SCOPE A. RESTROOMS AND FACILITIES The Contractor shall furnish all supervision, labor, equipment, materials, and supplies required to perform quality janitorial services at various park restrooms listed in Section V.A. Park Restroom Services. 1. QUALITY ASSURANCE The contractor's location supervisor shall inspect all areas weekly under this agreement and sign a weekly custodial logbook, which the City may review on a weekly basis. This logbook shall include all items required in the weekly service section of the specification. The contractor is required to ensure that all supervisors and staff are thoroughly trained in the implementation of this spec. New staff shall be trained in the specification before being deployed into the field to complete this specification. The contractor shall provide names of staff and crew leaders assigned to this contract, and the facilities they services, and shall inform the City when staff changes. 2. 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 aone-time start-up service. The Contractor shall provide extra labor, equipment, materials, at no additional cost to the City, to raise the quality 25Q-81 of janitorial maintenance to the level specified in the agreementlspecifications. 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 withhold the City's estimated cost of performing this service from the Contractor's upcoming monthly invoice. The City will provide the Contractor with a report on start-up work deficiencies, and the Contractor will have three days to correct all start-up deficiencies. 3. 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. 4. 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 famished 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. 5. SUPERVISION AND SAFETY The contractor shall be responsible for the supervision and direction of the work performed by his/her employees and shall at all times provide afull-time manager or supervisor on the premises to carry out the responsibility. The manager or supervisor shall have the authority to act as agent for the Contractor in his/her absence and shall be fully qualified to implement the contract specifications. The contractor shall be responsible for instructing his employees in all safety measures. All equipment used by the contractor shall be maintained in safe operating condition at all times and free from defects or wear which may constitute a hazard to any persons. All employees will wear proper personal protective equipment while working on City premises. Contractor's 6 25Q-82 supervisors shall be literate and conversant in the English language because of the necessity to read chemical labels, job instructions and signs, as well as the need for conversing with management personnel. Contractor's supervisors shall also be capable of communicating fully with all employees in the event they do not speak English. The Contractor shall comply with and ensure that the Contractor's personnel and subcontracted personnel comply with all current applicable local, state and federal policies, regulations and standards relating to safety and health. The Contractor shall provide or cause to be provided all training, technical expertise, qualified personnel, equipment, tools and material to safely accomplish the work specified to be performed by the Contractor. The Contractor shall provide all necessary barricades, signs to indicate safety conditions, detours and yellow safety caution tape as necessary to provide a safe environment. The City may require the removal of any of the contractor's employees who are found to be incompetent, careless or insubordinate; or appears to be alcohol or drug impaired or poses a safety risk. The Contractor shall provide an emergency telephone number where he can be reached during normal operating hours and a telephone number where he can be reached after normal operating hours. 6. REMEDY FOR FAILURE TO PERFORM REQUIRED SERVICE Should the contractor fail to perform in accordance to the agreement, the City may withhold a portion or all of the contractor's payment for work not performed for each inspection. This estimate is solely determined by the City, and may be based on the costs submitted by contractor in Section V.A. B. Specialized Services. The Director's designated representative shall regularly inspect the parks restrooms 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 cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park restroom not meeting the Specifications during any such inspection. 7. DAMAGE TO CITY PROPERTY Damage or theft of City property resulting from Contractor's performance of the work or negligence shall be repaired immediately by the Contractor or the damage will be repaired by the City at the Contractor's expense, if the Contractor fails to remedy such damage promptly. A written report of the loss and cause of damage must be submitted to the City in writing 24 hours of occurrence 8. METHOD OF PAYMENT The vendor will be paid monthly in arrears for his/her services after verification of completion of work and receipt of invoice. Payment terms will be net 30. 7 25Q-83 9. BONDS Each proposal shall be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful contractor shall also be required to provide the City a Payment bond in the amount of 100% of the total award to satisfy claims of material suppliers and laborers employed by it and finally a Performance Bond in the amount of 100% of the total award to guarantee faithful performance of all work in a manner satisfactory to the City within 20 days of receipt of award. III. EVALUATION OF PROPOSALS The response to this Request for Proposal 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. The responses received will be reviewed by an evaluation committee established by the Administrative Services Division of the Parks, Recreation and Community Services Agency. The successful proposal will be based upon cost competitiveness and the qualifications of the contractor submitting the proposal. The bids will be evaluated based on the following criteria: Capability and Experience of Contractor 25% 1. Ability of contractor to obtain the staff and equipment necessary to perform specifications 2. Training and safety precautions taken to perform specifications 3. Contractor's financial ability to provide uninterrupted custodial services throughout the term of the agreement 4. Experience of lead worker and maintenance staff assigned to the contract 5. Experience of supervisory and management staff assigned to the contract Past Performances 25% 1. Past record of performance on contracts with other cities, governmental agencies or similar organizations, including such factors as reliability, adherence to specifications and compliance with contract terms and conditions 2. Acceptable, verifiable references and site reviews Cost of Proposal 50% 1. Cost of base proposal 2. Cost ofadd-on locations 3. Cost of specialized services FOLLOW-UP OF EVALUATION PROCESS BY CONTRACTOR Contractors may follow up on the evaluation of the proposals by contacting Robert Carroll, via email at rcarroll~santa-ana.org or by phone at (714) 517-4218. 25Q-84 IV. CONTRACTOR'S REFERENCES This sheet must be completed in full and returned with contractor's proposal. List and describe fully three contracts performed by your company, which demonstrate your ability to provide services in accordance with the RFP. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your company's qualifications. Reference No. Customer Name: Address: Contact Individual: Phone Number: Contract Amount: Year: Description of equipment and services provided: Reference No. 2 Customer Name: Address: Contact Individual: Phone Number: Contract Amount: Year: Description of equipment and services provided: Reference No. 3 Customer Name: Address: Contact Individual: Phone Number: Contract Amount: Year: Description of equipment and services provided: 9 25Q-85 V. PROPOSAL SUMMARY AND DEVIATIONS FROM SPECIFICATIONS Contractors must provide costs for maintaining each of the parks restrooms, optional add-on locations, and service categories included below at the level of quality described in the detailed specifications (Exhibit A and all attachments). Contractors must also list all deviations from specifications, if any. The 26 park restrooms included in Section A will serve as the basis for proposal evaluation, however, costs of specialized services in Section B will also be considered. The City may, at its sole discretion, choose to award contracts to up to four contractors, one for each District. PeRK RF.CTRn(lM SF.RViCES vPark Address Cost/Mo. Cost/Yr. Deviations 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. District 2 1 Angels 914 W. Third St. 2 Cabrillo 1820 E. Fruit St. 3 Fisher 2501 N. Flower St. 4 Logan 1009 N. Custer St. 5 Portola 1700 E. Santa Clara Ave. 6 Santiago "A" 2535 N. Main St. 7 Santiago "B" 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. Raiff St. 2 Centennial "A" 3000 W. Edinger Ave. 3 Centennial "B" 3000 W. Edinger Ave. 4 Centennial "C" 3000 W. Edinger Ave. 5 Centennial HGHS 3000 W. Edinger Ave. 6 DYSC "A" includes locker room and restrooms 3000 W. Edinger Ave. 10 25Q-86 Park Address Cost/Mo. Cost/Yr. Deviations 7 DYSC "B" 3000 W. Edinger Ave. 8 Heritage 4812 W. Camille St. 9 Jerome 726 S. Center St. 10 Santa Anita 300 S. Figueroa St. 11 Thornton 1801 W. Segerstrom St. 12 Windsor 2915 W. Laverne Ave. 28 Total Totals The City reserves the right to delete one or more restrooms from this contract with 30 days written notice. B. SPECIALIZED SERVICES A. Labor Hourly Wa e 1 Maintenance Supervisor $ 2 Maintenance Service Leadworker $ 3 Maintenance Service Laborer $ Total (1-3) $ B. Cost For Add On Locations 1 Price By Square Foot Per Month -Park Restroom lx Day $ 2 Price By Square Foot Per Month -Park Restroom 2x Day $ 3 Price By Square Foot Per Job Pressure Wash Exterior Entrances and areas around buildings/restrooms $ ii 25Q-87 VI. 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 III. 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 12 25Q-88 EXHIBIT "A" GENERAL SPECIFICATION The Contractor shall furnish all supervision, labor, equipment, materials, and supplies required to perform janitorial services. Facilities shall be cleaned once daily. The working hours for the duration of this contract are from 11:00 pm to 6:00 am daily, seven (7) days per week, or as otherwise directed by the Director's representative. Contractor shall supply and pay for clean, neat appearing uniforms, which shall be worn while working on City premises. Uniforms shall consist of a polo shirt, hat, jacket and full-length work pants with the contractor's identification. All municipal, state and federal safety regulations shall be adhered to in order to prevent injury to personnel and property damage. Smoking is not allowed in City facilities at any time. Daily Cleaning Schedule - Restrooms, Showers and Locker Rooms NOTE: Use approved germicidal solution for all cleaning. 1. Restock all supplies daily so dispensers are completely full. Replace vandalized dispensers with approved manufacturer and model to General Maintenance specifications upon discovery. Dispensers will be provided by the City. 2. Flush toilets and urinals using approved products. Check for stoppages and use plunger to unplug. 3. If stoppages cannot be unplugged or if other plumbing problems are noticeable, notify the Senior Park Maintenance Supervisor at (714) 647-3324. 4. Remove all litter and debris 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. 5. Empty, clean and sanitize receptacles inside and out. 6. Sweep and mop entire floor with approved germicidal cleanser/solution. Hosing out restrooms is not an acceptable practice. 7. 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. 8. Clean, sanitize and polish mirrors and frames using approved products. 9. Clean and sanitize interior and exterior of washbasins and around all fixtures to remove mineral deposits, water spots, dirt, grim, and any other unclean condition. 10. Clean, sanitize and polish thoroughly inside and outside of metal toilet bowls, urinals, dispensers, wash basins, flush valves, mounting plates, nuts, screws, traps, hose bibs, water connections etc. using approved germicidal cleanser. 11. Clean and disinfect benches using approved germicidal cleanser. 12. Inspect and replace burned out lights inside and outside the building using approved products. 13 25Q-89 13. Clean and disinfect lockers (sides and tops) using approved germicidal cleanser. Throw away any trash found in unlocked lockers or on top of lockers. 14. Clean and disinfect shower walls, fixtures and curtains using approved germicidal cleanser. 15. Pick up and remove trash and debris within 10' feet of the building in each direction. 16. Remove, clean and sanitize areas outside the building using an approved germicidal cleanser all urine, feces, and other liquid or solids within 10' in each direction of the building. 17. Clean exterior of the building free of all foreign materials including paper wads, confetti, etc. 18. Turn off lights once work is completed. Weekly Cleaning Schedule -Restrooms, Showers and Locker Rooms 1. Polish all tiles surfaces using approved product to achieve a high quality appearance. 2. Inspect shower curtains. If curtains are worn, the contractor, at his expense, shall replace the curtains with a shower curtain product acceptable to the Director's representative -maximum three replacements per shower curtain. Thereafter, City provides the curtains for Contractors to replace. 3. Clean light fixtures and protective coverings inside and out using approved germicidal cleanser. Monthly Cleaning Schedule -Restrooms, Showers and Locker Rooms 1. Clean and repaint floor surfaces using approved paint per the manufacturer's specifications. 2. Use pumice stone or other product/tool to remove mineral buildup from around fixtures in the restroom. Approved Park Restroom Supplies Toilet Tissue -Acclaim White Singlefold Interfolded Bath Tissue item # 10101 - 00 Scott Bathroom Roll Tissue, item # 05102 20, 4.4 x4.5 inches (Rosita women's restroom only). Approved Cleaning Supplies For cleaning urinals and commodes Colossus For cleaning polished and brushed chrome Safe-Dee or Glass Cleaner Metal/Chrome polish Briteboy Disinfectant Versatile 14 25Q-90 EXHIBIT "B" CERTIFICATION OFNON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the company listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non- discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. COMPANY TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 15 25Q-91 EXHIBIT "C" SAMPLE ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents 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. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name 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 Policy # Issued to the endorsement form as part of Name Insured Countersigned by 16 25Q-92 ~I EXHIBIT "D" SAMPLE AGREEMENT CITY OF SANTA ANA CUSTODIAL AGREEMENT THIS AGREEMENT, made and entered into this day of 2008 by (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 A. The City desires to retain a Contractor having special skill and knowledge in the field of custodial services comparable with "high-level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. G 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 "high-level" contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in the Custodial Services Agreement Description/Specifications/Work Statement (Exhibit "A" hereto) and all attachments thereto, as well as the Contractor's Proposal of Services (Exhibit " "hereto) attached to this Agreement. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail. 2. CITY INSPECTION The Director's designated representative shall regularly inspect the parks restrooms 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 cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park restroom not meeting the Specifications during any such inspection. 17 25Q-93 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit " ". The total sum to be expended under this Agreement, shall not exceed the annual amount of $ during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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 or as otherwise provided in Exhibit A. 4. TERM This Agreement shall commence on the date first written above and terminate on unless terminated earlier in accordance with Section 12, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for two additional two-year terms in an annual amount not to exceed $ .Such renewal(s) shall be in a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 5. 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 anemployer-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 its employees and shall be responsible for all applicable withholding taxes. 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: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom 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 $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form as set forth in Exhibit "C" attached hereto upon execution of this Agreement. Said endorsement shall be approved in form by the City Attorney. 18 25Q-94 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. 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 worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer Contractor must obtain and maintain Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) 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. f. 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 Agreement. 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. 7. INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, lost profits, restitution, judicial or equitable relief or any other type of damage whatsoever arising out of claims for the same, which may arise from the direct or indirect actions of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates in any way to the services provided by Contractor under this Agreement; and (2) from any claim that personal injury, damages, just compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage whatsoever is due by reason of the terms of or effects arising from this Agreement or of the Contractor's actions hereunder. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, lost profits or any other judicial or equitable relief or damages 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 19 25Q-95 defense of the City, including fees and costs for special counsel to be selected by the City, relative to any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, lost profits, or judicial or equitable relief or any other type of damage whatsoever has arisen by reason of the terms of, or effects arising from this Agreement or Contractor's actions hereunder. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. 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. 9. 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. 10. 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 telefacsimile 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 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) 20 25Q-96 P.O. Box 1988 Santa Ana, California 92702 and To Contractor: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 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 telefacsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive agreement 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 nor 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 are not embodied herein. 12. 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. 21 25Q-97 13. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination and by the Contractor upon ninety (90) days written notice. In the event of termination by the City, 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 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 and in the Specifications, Exhibit "E" hereto. c. Material Breach: If the Director determines the Contractor has failed in the performance of the duties and/or schedule as provided herein, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity for said breach including, but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or a new contractor at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs resulting from any breach, including incidental and consequential damages (see Sample Failure To Perform Letter, Exhibit " "hereto). 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in recruitment, selection, training, utilization, promotion, termination or any other employment related activity. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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 by the parties hereto or arises out of, or in connection with or by reason of this Agreement. 16. 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 22 25Q-98 inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability may, at the City's discretion, be cause for termination of this Agreement. 17. 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. CITY OF SANTA ANA: ATTEST: PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney CONTRACTOR: sy Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: By: NAME) TITLE) TaxID# GERARDO MOUET Executive Director of the Parks Recreation and Community Services Agency 23 25Q-99 ADDENDUM NO. 1 REQUEST FOR PROPOSAL FOR PROVIDING JANITORIAL SERVICES FOR CITY OF SANTA ANA PARK RESTROOMS RFP Reference No. 08-021 PRCSA Date Due: April 10, 2008, 5:00 P.M. Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP No. 08-021 PRCSA. This addendum shall become a part of the original Request for Proposal due by 5:00 p.m. on April 10, 2008. This addendum is provided in response to questions asked at the pre-proposal conference conducted on March 27, 2008. 1. Re: Section I. A., Item 16, and Section II. A., Item 9 Bonding requirements will remain as follows: BONDING Each proposal shall be accompanied by a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful contractor shall also be required to provide the City a Payment bond in the amount of 100% of the total award to satisfy claims of material suppliers and laborers employed by it and finally a Performance Bond in the amount of 100% of the total award to guarantee faithful performance of all work in a manner satisfactory to the City within 20 days of receipt of award. 2. Exhibit "A", Item 12, Page 13 shall be revised to read as follows: Inspect and replace burned out lights inside and outside the building using existing type (manufacturer and wattage) lights products or approved equal. Contractor shall replace at their own cost a maximum 3 light bulbs per near per fixture. Contractor must inform City of light bulb replacement within 48 hours of the bulb being replaced in order to receive credit for a replacement 3. Exhibit "A", Item 15, Page 14 shall be revised to read as follows: d~ec~ie~Pick up/clean and remove any trash debris and/or foreign materials on the exterior of the building caused by the Contractor's service of the restrooms 25Q-100 4. Exhibit "A", Item 16, Page 14 shall be revised to read as follows: Remove, clean and sanitize entrance areas outside the building using an approved germicidal cleanser all urine, feces, and other liquid or solids..,.:+~.;~ ' n' ;^ °^^~, 5. Exhibit "A", Item 1 (Monthly), Page 14 shall be revised to read as follows: Coed-rep~ee~-sees-~s-appre~o=e~pui-rat-~e~tl~~.~~~«a spec-~f~c-atte~No longer required. 6. Exhibit "A", Item 2 (Monthly), Page 14 shall be revised to read as follows: Inspect shower curtains. If curtains are worn, the contractor, at his expense, shall replace the curtains with a shower curtain product acceptable to the Director's representative -maximum three replacements per shower curtain. Thereafter, City provides the curtains for Contractors to replace. Shower curtains shall be to match existing. Should you have any questions or require additional information, please contact Robert Carroll, (714) 571-4218. 25Q-101 Exhibit "C" ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, and the City of Santa Ana, located at 20 Civic Center Plaza, Santa Ana, California 92701; and their respective 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. 2. 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 Community Redevelopment Agency of the City of Santa Ana, 20 Civic Center Plaza (M-25), Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25Q-102 Exhibit "D" Date Name of person with ultimate authority Contractor's Name Address City, State, Zip Dear G p~N FI p`/ \~s ~ '~l -~ On (date, time) Contractor failed to perform work specified in the City of Santa Ana contract specifications as outlined below: 1 Location: Spec Section: Class Rate QTY Sub-Total A. Labor: 0.00 0.00 B. Equipment: 0.00 0.00 0.00 C. Materials: 0.00 0.00 Total 0.00 TOTAL REDUCED FROM MONTHLY INVOICE FOR FAILURE TO PERFORM 0.00 According to the contract specifications the Executive Director's Representative determines all maters concerning the Contractors failure to perform to the specifications. Should you wish to appeal this matter you may do so by submitting in writing a letter to the Executive Director's Representative, the Park Superintendent, within seven calendar days from the date of this letter. Your appeal will be given serious consideration and you will be contacted with the final decision. Respectfully, Name of Supervisor/Manager Title CC: Maricruz Chavez Robert Carroll Contractor's AR 25Q-103 merchants building maintenance, LLC Exhibit r B ~~ April 10, 2008 Robert Carroll Parks, Recreation and Community Services Agency Accounting and Budget Section M-23 888 W. Santa Ana Blvd. 2°d Floor Santa Ana, CA 92701 Dear Mr. Carroll, Thank you for giving Merchants Building Maintenance the opportunity to provide you with a janitorial proposal for your facility. Since 1961, Merchants Building Maintenance has provided California businesses with the very finest in janitorial services. By providing our clients with quality service we have been able to expand our organization every year. Our cleaning program is designed in such a manner as to reflect the high standards you require with strict adherence to the enclosed specifications. We recognize continued control of these specifications is dependent upon in-depth management, supervision, communications, and our flexibility to serve your requirements. Our company has been providing housekeeping service to companies like yours for the past forty-four years. In the process, we have gained valuable experience that will 11e1p make you proud of your decision to select Merchants to provide your housekeeping program. We look forward to being of service. Sincerely, ~1 i ~~k. C~P~, Patricia Valera Business Development 1639-C East Edinger Ave., Santa Ana, Ca 92705 Ph: 714-973-9272 Fax: 714-973-2124 25Q-104 REQUEST FOR PROPOSAL RFP N0.08-021 PRCSA FOR PROVIDING JANITORIAL SERVICES FOR CITY OF SANTA ANA PARK RESTRQOMS KEY RFP DATES: Issue Date: March 18, 2008 Pre-proposal Conference: March 27, 2008 Proposal Due Date: April 10, 2008 25Q-105 REQUEST FOR PROPOSAL Notice is hereby given that proposals will be accepted for providing janitorial services for City of Santa Ana park restrooms, at the Parks, Recreation and Community Services Agency headquarters building, 888 W. Santa Ana Boulevard, Suite 200, Santa Ana, CA, 92701 until 5:00 p.m., April, 10, 2008. If further information is required, please contact Robert Carroll via e-mail rcarroll(cr~,santa- ana.org or phone, (714) 571-4218. MAILED proposals should be addressed as follows: Parks, Recreation and Community Services Agency Accounting and Budget Section M-23 P.O. Box 1988 Santa Ana, CA 92702 Attn: Robert Carroll or delivery by hand or courier to: Parks, Recreation and Community Services Agency Accounting and Budget Section M-23 888 W. Santa Ana Blvd. 2nd Floor Santa Ana, CA 92701 Attn: Robert Carroll If mailed, it is the responsibility of the proposer to see that any mailed proposal shall have sufficient time to be received by the Accounting and Budget Section prior to proposal due date and time. Late proposals will be returned to the vendor unopened. The receiving time in the Accounting and Budget Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 25Q-106 I. GENERAL TERMS A. RFP TERMS AND CONDITIONS PROPOSAL SUBMISSIONS Proposals must be submitted to the Accounting and Budget Section in a sealed envelope showing on the outside, the name of the bidder, RFP NO. 08-021, and the proposal due date and time. All proposals must be signed by an authorized representative of the vendor. 2. PROPOSAL WITHDRAWAL Proposals may be withdrawn by written request received before the hour set for the opening. After that time, the contractor may not withdraw proposals for a period of ninety (90) days from the date of the opening. 3. LATE PROPOSALS It is the responsibility of the vendor to see that any proposal submitted shall have sufficient time to be received by the Accounting and Budget Section prior to the proposal due date and time. Santa Ana Parks, Recreation and Community Services Agency shall not be responsible for proposals lost or delayed in the mail. Late proposals will be returned to the vendor unopened. 4. REQUIRED DOCUMENTS Contractor must return the following completed documents with their proposal: • Detailed proposal of services in accordance with the specifications detailed in Exhibit A. Proposal should take into consideration the evaluation criteria included in Section III and should not exceed 20 pages. • Proposals should include job qualifications of key contract staff including general manager, superintendent, supervisor, and lead maintenance workers. • Completed Contractor's References form (Section IV); • Completed Proposal Summary and Deviations from Specifications form (Section V); • Signed Proposal Form (Section VI); • Exhibits B, C and D are for reference only, but will be required when the contract is awarded to the successful contractor. Contractor must submit one original and eight (8) photocopies of each proposal offered. S. RIGHTS RESERVED The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any informality or technical defect in a proposal. The City also reserves the right to enter into agreements with one or more contractors to complete the scope of this RFP. 6. AGREEMENT Successful contractor(s) will be required to enter into an agreement with the City of Santa Ana. The City reserves the right to enter into an agreement with any, 25Q-107 all, or none of the contractors for atwo-year period, with the option of extending the agreement for two additional two year terms. 7. SELL OR ASSIGN The successful contractor shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. 8. LOCAL SALES TAX CONSIDERATION In accordance with the Santa Ana Municipal Code, a one percent (1 %) preference will be applied to all bids for taxable goods submitted by suppliers located within the City limits of Santa Ana. 9. RECEIVING TIME The receiving time in the Accounting and Budget Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 10. COMPLIANCE WITH LAWS All bids shall comply with current federal, state, and other laws relative thereto. Contractor further agrees that the services proposed comply with all applicable Federal and State Occupational Safety and Health laws, standards for regulations, and that contractor will indemnify and hold the City harmless for any failure to so conform. 11. REFERENCE TO SUCCESSFUL CONTRACTOR The terms vendor, supplier, proposer, or contractor may be used interchangeably in these specifications and shall refer exclusively to the contractor(s) with whom the City enters into contract as a result of this request for proposal. 12. INQUIRIES Refer inquiries in writing via email to Robert Carroll, rcarroll@santa-ana.org. 13. E-MAIL COMMUNICATIONS To facilitate the request for proposal process, contractors are required to monitor and respond to e-mail requests on a daily basis. 14. PRE-PPROSAL CONFERENCE AND JOB WALK A mandatory pre-proposal conference and job walk will be held on Thursday, March 27, 2008 at 8:30 a.m. in the Parks, Recreation and Community Services Agency headquarters building large conference room, 888 W. Santa Ana Boulevard, Suite 200, Santa Ana, CA. The pre-proposal conference will last approximately one hour. Immediately following the pre-proposal conference, staff will conduct a job walk to view some or all of the restrooms covered in the RFP. Please RSVP to Robert Carroll by Monday, March 24, (714) 571= 4218. 4 25Q-108 15. PRE-QUALIFICATION PROCESS In addition to submitting all documentation required in this request for proposal, contractors may also be required to demonstrate their ability to successfully perforni the type of maintenance work contemplated by this request for proposal, including but not limited to providing an adequate number of staff, suitable equipment and materials as determined by the Director's representative. 16. BONDING Each proposal shall be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful contractor shall also be required to provide the City a Payment bond in the amount of 100% of the total award to satisfy claims of material suppliers and laborers employed by it and finally a Performance Bond in the amount of 100% of the total award to guarantee faithful performance of all work in a manner satisfactory to the City within 20 days of receipt of award. 17. REVIEW OF JOB SITE The Contractor shall be held responsible for carefully reviewing the sites and verifying all areas of work, prior to proposal submittal. The City recommends reviewing the sites during the busier evening and weekend hours to better understand the traffic that these facilities experience. II. SCOPE A. RESTROOMS AND FACILITIES The Contractor shall furnish all supervision, labor, equipment, materials, and supplies required to perform quality janitorial services at various park restrooms listed in Section V.A. Park Restroom Services. 1. QUALITY ASSURANCE The contractor's location supervisor shall inspect all areas weekly under this agreement and sign a weekly custodial logbook, which the City may review on a weekly basis. This logbook shall include all items required in the weekly service section of the specification. The contractor is required to ensure that all supervisors and staff are thoroughly trained in the implementation of this spec. New staff shall be trained in the specification before being deployed into the field to complete this specification. The contractor shall provide names of staff and crew leaders assigned to this contract, and the facilities they services, and shall inform the City when staff changes. 2. 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 aone-time start-up service. The Contractor shall provide extra labor, equipment, materials, at no additional cost to the City, to raise the quality 5 25Q-109 of janitorial maintenance to the level specified in the agreementlspecifications. 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 withhold the City's estimated cost of performing this service from the Contractor's upcoming monthly invoice. The City will provide the Contractor with a report on start-up work deficiencies, and the Contractor will have three days to correct all start-up deficiencies. 3. 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. 4. 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. 5. SUPERVISION AND SAFETY The contractor shall be responsible for the supervision and direction of the work performed by his/her employees and shall at all times provide afull-time manager or supervisor on the premises to carry out the responsibility. The manager or supervisor shall have the authority to act as agent for the Contractor in his/her absence and shall be fully qualified to implement the contract specifications. The contractor shall be responsible for instructing his employees in all safety measures. All equipment used by the contractor shall be maintained in safe operating condition at all times and free from defects or wear which may constitute a hazard to any persons. All employees will wear proper personal protective equipment while working on City premises. Contractor's 6 25Q-110 supervisors shall be literate and conversant in the English language because of the necessity to read chemical labels, job instructions and signs, as well as the need for conversing with management personnel. Contractor's supervisors shall also be capable of communicating fully with all employees in the event they do not speak English. The Contractor shall comply with and ensure that the Contractor's personnel and subcontracted personnel comply with all current applicable local, state and federal policies, regulations and standards relating to safety and health. The Contractor shall provide or cause to be provided all training, technical expertise, qualified personnel, equipment, tools and material to safely accomplish the work specified to be performed by the Contractor. The Contractor shall provide all necessary barricades, signs to indicate safety conditions, detours and yellow safety caution tape as necessary to provide a safe environment. The City may require the removal of any of the contractor's employees who are found to be incompetent, careless or insubordinate; or appears to be alcohol or drug impaired or poses a safety risk. The Contractor shall provide an emergency telephone number where he can be reached during normal operating hours and a telephone number where he can be reached after normal operating hours. 6. REMEDY FOR FAILURE TO PERFORM REQUIRED SERVICE Should the contractor fail to perform in accordance to the agreement, the City may withhold a portion or all of the contractor's payment for work not performed for each inspection. This estimate is solely determined by the City, and may be based on the costs submitted by contractor in Section V.A. B. Specialized Services. The Director's designated representative shall regularly inspect the parks restrooms 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 cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park restroom not meeting the Specifications during any such inspection. 7. DAMAGE TO CITY PROPERTY Damage or theft of City property resulting from Contractor's performance of the work or negligence shall be repaired immediately by the Contractor or the damage will be repaired by the City at the Contractor's expense, if the Contractor fails to remedy such damage promptly. A written report of the loss and cause of damage must be submitted to the City in writing 24 hours of occurrence 8. METHOD OF PAYMENT The vendor will be paid monthly in arrears for his/her services after verification of completion of work and receipt of invoice. Payment terms will be net 30. 7 25Q-111 9. BONDS Each proposal shall be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful contractor shall also be required to provide the City a Payment bond in the amount of 100% of the total award to satisfy claims of material suppliers and laborers employed by it and finally a Performance Bond in the amount of 100% of the total award to guarantee faithful performance of all work in a manner satisfactory to the City within 20 days of receipt of award. III. EVALUATION OF PROPOSALS The response to this Request for Proposal 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. The responses received will be reviewed by an evaluation committee established by the Administrative Services Division of the Parks, Recreation and Community Services Agency. The successful proposal will be based upon cost competitiveness and the qualifications of the contractor submitting the proposal. The bids will be evaluated based on the following criteria: Capability and Experience of Contractor 25% 1. Ability of contractor to obtain the staff and equipment necessary to perform specifications 2. Training and safety precautions taken to perform specifications 3. Contractor's financial ability to provide uninterrupted custodial services throughout the term of the agreement 4. Experience of lead worker and maintenance staff assigned to the contract 5. Experience of supervisory and management staff assigned to the contract Past Performances 25% 1. Past record of performance on contracts with other cities, governmental agencies or similar organizations, including such factors as reliability, adherence to specifications and compliance with contract terms and conditions 2. Acceptable, verifiable references and site reviews Cost of Proposal 50% 1. Cost of base proposal 2. Cost of add-on locations 3. Cost of specialized services FOLLOW-UP OF EVALUATION PROCESS BY CONTRACTOR Contractors may follow up on the evaluation of the proposals by contacting Robert Carroll, via email at rcarroll(asanta-ana.org or by phone at (714) 517-4218. 25Q-112 IV. CONTRACTOR'S REFERENCES This sheet must be completed in full and returned with contractor's proposal. List and describe fully three contracts performed by your company, which demonstrate your ability to provide services in accordance with the RFP. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your company's qualifications. Reference No. 1 Customer Name: City of Anaheim Contact Individual: Yolanda Gaytan Address: P. H Box 3 2 2 2, Anaheim Phone Number: 714 - 7 6 5- 6 9 7 7 Contract Amount: $ 8 4, 0 0 0 yew: 2 0 0 6 Description of equipment and services provided: Citv buildings and various locations Reference No. 2 CustomerName:City of Santa Fe Contact Individual: ~Ped ~r,acaff Springs Address: 12 6 3 6 Emme n s Way Phone Number: 5 6 2- 8 6 8- 0 511 an a Fe Springs, Ca Contract Amount: $ 4 6, 0 0 0 Year: 2 0 0 1 Description of equipment and services provided: City buildings, various locations and parks Reference No. 3 Customer Name: Cit~of Yorba Lind~ontact Individual: StP~,P r~amnhAl 1 Address: 4845 Casa Loma Ave. Phone Number: 714 - 9 61- 716 8 $ 15 , 0 0 0 year: Contract Amount: 2005 Descri tion of equipment and services provided: Ci~y buildings and Various locations 9 25Q-113 V. PROPOSAL SUMMARY AND DEVIATIONS FROM SPECIFICATIONS Contractors must provide costs for maintaining each of the parks restrooms, optional add-on locations, and service categories included below at the level of quality described in the detailed specifications (Exhibit A and all attachments). Contractors must also list all deviations from specifications, if any. The 26 park restrooms included in Section A will serve as the basis for proposal evaluation, however, costs of specialized services in Section B will also be considered. The City may, at its sole discretion, choose to award contracts to up to four contractors, one for each District. A. PARK RESTROOM SERVICES Park Address Cost/Mo. Cost/Yr. Deviations District 1 1 Campesino 3311 W. Fifth St. $ 5 8 6.0 0 $ 7, 0 3 2 2 Edna 2140 W. Edna Dr. $ 5 8 6 $ 7, 0 3 2 3 f El Salvador 1825 W. Civic Center Dr. 4 J Riverview 1817 W. 21st St. $ 5 8 6 $ 7, 0 3 2 S r Rosita 706 N. Newhope St. $ 5 8 6 $ 7, 0 3 2 Distr ict 2 l j Angels 914 W. Third St. $ 5 8 6 $ 7, 0 3 2 2 Cabrillo 1820 E. Fruit St. $ 5 8 6 5 7, 0 3 2 3 Fisher 2501 N. Flower St. $ 5 8 6 $ 7, 0 3 2 4 Logan 1009 N. Custer St. g 6 7 0 3 2 5 ,/ Portola 1700 E. Santa Clara Ave. $ 5 8 6 $ 7 , 0 3 2 6 / Santiago "A" 2535 N. Main St. 6 7 2 7 ,/ Santiago "B" 2535 N. Main St. $ 5 8 6 $ 7 , 0 3 2 Distr ict 3 1 Delhi 2314 S. Halladay St. $ 4 4 2 $ 5 3 0 4 2 Madison 1528 S. Standard St. $ 5 8 6 $ 7, 0 3 3 Memorial 2102 S. Flower St. 5 5 8 6 $ 7, 0 3 4 Sandpointe 3700 S. Birch St. $ 5 8 6 $ 7, 0 3 Distri ct 4 1 t Adams 2302 S. Raiff St. 2 r Centennial "A" 3000 W. Edinger Ave. $ 3 8 7 $ 4 6 4 4 3/ , Centennial "B" 3000 W. Edinger Ave. $ 3 8 7 $ 4 6 4 4 4 Centennial "C" 3000 W. Edinger Ave. $ 3 8 7 $ 4 6 4 4 5 Centennial HGHS 3000 W. Edinger Ave. $ 5 8 6 $ 7 , 0 3 6 ~ l r DYSC "A" includes ocker room and estrooms 3000 W. Edinger Ave. $ 6 8 5 $ 8, 2 2 to 25Q-114 Park Address Cost/Mo. Cost/Yr. Deviations 7 f DYSC "B" 3000 W. Edinger Ave. $ 3 8 7 $ 4 6 4 4 8 Heritage 4812 W. Camille St. $ 5 8 6 $ ~ , 0 3 2 9 Jerome 726 S. Center St. 5 6 7 2 10 Santa Anita 300 S. Figueroa St. $ 5 8 6 $ 7 , 0 3 2 11 J' Thornton 1801 W. Segerstrom St. 6 7 0 2 12 Windsor 2915 W. Laverne Ave. $586 $7,032 28 Total Totals $1 X 6 6 0 18 7 9 9 2 The City reserves the right to delete one or more restrooms from this contract with 30 days written notice. B. SPECIALIZED SERVICES A. Labor Hourl Wa e 1 Maintenance Supervisor $ 2 Maintenance Service Leadworker $ 16.5 0 3 Maintenance Service Laborer $ 15.0 0 Total (1-3) $ B. Cost For Add On Locations 1 Price By Square Foot Per Month -Park Restroom 1 x Day $ 1.4 6 51 2 Price By Square Foot Per Month -Park Restroom 2x Day $ 2 .7 0 6 3 3 Price By Square Foot Per Job Pressure Wash Exterior Entrances and areas around buildings/restrooms $ . 3 5 11 25Q-115 VI. PROPOSAL FORM The undersigned contractor agrees to provide park restroom janitorial services in accordance with the specifications included in Exhibit A. UWe have stated herein the services and fees that Uwe will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section III. 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. MPYC`hantG Riii 1 ~3i ncr~-~,intPnanCe Name of Contractor (Person, Firm, Corp.) 1639-C Edinger Ave. Address Santa Ana, Ca 92705 Address 714- 973-927d' Telephone Number _~ / ~,. o~=~"~ Sign "of Authorized Rep. George Rodriquez Name and Title (Please Print) April 10, 2008 Date 714-973-2124 Fax Number 12 25Q-116 GENERAL SPECIFICATION The Contractor shall furnish all supervision, labor, equipment, materials, and supplies required to perform janitorial services. Facilities shall be cleaned once daily. The working hours for the duration of this contract are from 11:00 pm to 6:00 am daily, seven (7) days per week, or as otherwise directed by the Director's representative. Contractor shall supply and pay for clean, neat appearing uniforms, which shall be worn while working on City premises. Uniforms shall consist of a polo shirt, hat, jacket and full-length work pants with the contractor's identification. All municipal, state and federal safety regulations shall be adhered to in order to prevent injury to personnel and property damage. Smoking is not allowed in City facilities at any time. Daily Cleaning Schedule - Restrooms, Showers and Locker Rooms NOTE: Use approved germicidal solution for all cleaning. 1. Restock all supplies daily so dispensers are completely full. Replace vandalized dispensers with approved manufacturer and model to General Maintenance specifications upon discovery. Dispensers will be provided by the City. 2. Flush toilets and urinals using approved products. Check for stoppages and use plunger to unplug. 3. If stoppages cannot be unplugged or if other plumbing problems are noticeable, notify the Senior Park Maintenance Supervisor at (714) 647-3324. 4. Remove all litter and debris 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. 5. Empty, clean and sanitize receptacles inside and out. 6. Sweep and mop entire floor with approved germicidal cleanser/solution. Hosing out restrooms is not an acceptable practice. 7. 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. 8. Clean, sanitize and polish mirrors and frames using approved products. 9. Clean and sanitize interior and exterior of washbasins and around all fixtures to remove mineral deposits, water spots, dirt, grim, and any other unclean condition. 10. Clean, sanitize and polish thoroughly inside and outside of metal toilet bowls, urinals, dispensers, wash basins, flush valves, mounting plates, nuts, screws, traps, hose bibs, water connections etc. using approved germicidal cleanser. 11. Clean and disinfect benches using approved germicidal cleanser. 12. Inspect and replace burned out lights inside and outside the building using approved products. 13 25Q-117 13. Clean and disinfect lockers (sides and tops) using approved germicidal cleanser. Throw away any trash found in unlocked lockers or on top of lockers. 14. Clean and disinfect shower walls, fixtures and curtains using approved germicidal cleanser. 15. Pick up and remove trash and debris within 10' feet of the building in each direction. 16. Remove, clean and sanitize areas outside the building using an approved germicidal cleanser all urine, feces, and other liquid or solids within 10' in each direction of the building. 17. Clean exterior of the building free of all foreign materials including paper wads, confetti, etc. 18. Turn off lights once work is completed. Weekly Cleaning Schedule -Restrooms, Showers and Locker Rooms Polish all tiles surfaces using approved product to achieve a high quality appearance. 2. Inspect shower curtains. If curtains are worn, the contractor, at his expense, shall replace the curtains with a shower curtain product acceptable to the Director's representative -maximum three replacements per shower curtain. Thereafter, City provides the curtains for Contractors to replace. 3. Clean light fixtures and protective coverings inside and out using approved germicidal cleanser. Monthly Cleaning Schedule -Restrooms, Showers and Locker Rooms Clean and repaint floor surfaces using approved paint per the manufacturer's specifications. 2. Use pumice stone or other product/tool to remove mineral buildup from around fixtures in the restroom. Approved Park Restroom Supplies Toilet Tissue -Acclaim White Singlefold Interfolded Bath Tissue item # 10101 - 00 Scott Bathroom Roll Tissue, item # 05102 20, 4.4 x4.5 inches (Rosita women's restroom only). Approved Cleaning Supplies For cleaning urinals and commodes Colossus For cleaning polished and brushed chrome Safe-Dee or Glass Cleaner Metal/Chrome polish Briteboy Disinfectant Versatile 14 25Q-118 -~_~~" CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the company listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non- discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. COMPANY Merchants Buildin Maintenance TITLE OF PERSON SIGNING SIGNATURE __-`-= Branch Manager DATE April 10, 200 Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 15 25Q-119 TVTTTT TT [[~1~~ SAMPLE ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents 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. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name 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 Iimits 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 Policy # Issued to Name Insured the endorsement form as part of Countersigned by 16 25Q-120 SAMPLE AGREEMENT CITY OF SANTA ANA CUSTODIAL AGREEMENT THIS AGREEMENT, made and entered into this day of 2008 by (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 A. The City desires to retain a Contractor having special skill and knowledge in the field of custodial services comparable with "high-level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. 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 "high-level" contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in the Custodial Services Agreement Description/Specifications/Work Statement (Exhibit "A" hereto} and ali attachments thereto, as well as the Contractor's Proposal of Services (Exhibit " "hereto) attached to this Agreement. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail. 2. CITY INSPECTION The Director's designated representative shall regularly inspect the parks restrooms 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 cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park restroom not meeting the Specifications during any such inspection. 17 25Q-121 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit " ". The total sum to be expended under this Agreement, shall not exceed the annual amount of $ during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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 or as otherwise provided in Exhibit A. 4. TERM This Agreement shall commence on the date first written above and terminate on unless terminated earlier in accordance with Section 12, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for two additional two-year terms in an annual amount not to exceed $ .Such renewal(s) shall be in a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 5. 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 anemployer-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 its employees and shall be responsible for all applicable withholding taxes. 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: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom 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 $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form as set forth in Exhibit "C" attached hereto upon execution of this Agreement. Said endorsement shall be approved in form by the City Attorney. 18 25Q-122 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. 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 worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer Contractor must obtain and maintain Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) 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. f. 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 Agreement. 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. 7. INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, lost profits, restitution, judicial or equitable relief or any other type of damage whatsoever arising out of claims for the same, which may arise from the direct or indirect actions of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates in any way to the services provided by Contractor under this Agreement; and (2) from any claim that personal injury, damages, just compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage whatsoever is due by reason of the terms of or effects arising from this Agreement or of the Contractor's actions hereunder. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, lost profits or any other judicial or equitable relief or damages 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 19 25Q-123 defense of the City, including fees and costs for special counsel to be selected by the City, relative to any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, lost profits, or judicial or equitable relief or any other type of damage whatsoever has arisen by reason of the terms of, or effects arising from this Agreement or Contractor's actions hereunder. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. 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. 9. 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. 10. 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 telefacsimile 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 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) 20 25Q-124 P.O. Box 1988 Santa Ana, California 92702 and To Contractor: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 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 telefacsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive agreement 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 teens 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 nor 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 are not embodied herein. 12. 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. 21 25Q-125 13. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination and by the Contractor upon ninety (90) days written notice. In the event of termination by the City, 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 completed as of such date, and in such case such work product shall be the property of the City unless prohibited bylaw, 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 and in the Specifications, Exhibit "E" hereto. c. Material Breach: If the Director determines the Contractor has failed in the performance of the duties and/or schedule as provided herein, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity for said breach including, but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or a new contractor at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs resulting from any breach, including incidental and consequential damages (see Sample Failure To Perform Letter, Exhibit " "hereto). 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in recruitment, selection, training, utilization, promotion, termination or any other employment related activity. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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 maybe brought by the parties hereto or arises out of, or in connection with or by reason of this Agreement. 16. 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 22 25Q-126 inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability may, at the City's discretion, be cause for termination of this Agreement. 17. 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 yeaz first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney sy Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA: DAVID N. REAM City Manager CONTRACTOR: . ~ ~'' sy:_~ ~~ eorge Rodriquez TITLE) Branch Manager Tax ID # 95-4558242 GERARDO MOUET Executive Director of the Parks Recreation and Community Services Agency 23 25Q-127 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we MERCHANTS BUILDING MAINTENANCE, LLC as Principal, hereinafter called the Principal, and HARTFORD FIRE INSURANCE COMPANY a corporation duly organized under the laws of the State of CONNECTICUT as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF SANTA ANA as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT THE AMOUNT BID IN Dollars ($ 10% "*'`"`*"""" for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 08-021 PRCSA JANITORIAL SERVICES AT VARIOUS PARK RESTROOMS AND FACILITIES LISTED IN SECTION V.A. PARK RESTROOM SERVICES NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 9th day of April, 20 08 Merchants Building Maintenance, Li.C (Witness) * P 'nci aQ f (~~eai) i ~~' (Title) r~- /`~3 /L Hartford Fire Insurance Company /t-~-~`iL,~Z,E.1 /~"! `''" ~.-;'G ~ ' " _ -~ "(S ~~- -> (Seal) Donna M. Green Wi ss ~~~ 1, ,~ ~"~~~--~- , MARY SM~XH, (Title) Attorney-in-Fact 25Q-128 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On April 9, 2008, before me, DONNA M. GREEN, Notary Public, personally appeared MARY SMITH, who proved to me on the basis of satisfactory evidence to be the person( whose name is/atesubscribed to the within instrument and acknowledged to me that h~/she/tI~ executed the same in hi-s/her/tl~i-r-authorized capacity(i~, and that by h+s/her/them-signature~;~ on the instrument the person~~), or the entity upon behalf of which the person() acted, executed the instrument. r ~~ ~ , ~j ~ ~ O~,i1vt. ;t1 r r;33~9 ~l ;1 ~ L I I ''I .+ p l`rur ~LIFGRN!A~y I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above / . Signature ~~ ~~`'; ; ~; ,~ ,') i ' _.:: r; - ~ Signature of Notary Public / Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. ~' CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEIy,'f~'f ^ INDIVIDUAL -' ^ CORPORATE OFFICER ^ PARTNER(S) ^ L[MITED ^ ATTORNEY-IN-FACT ^ TRUSTEE(S) ~~' ^ GUARDIAN/CONSERVATOR ~--'` OTHER: SIGNER IS REP TING: NAME OF SON(S) OR ENTITY(IES) 25Q-129 HARTFORD PLAZA HARTFORD, CONNECTICUT 08115 aX Hartford Fire Insurance Company Twin City Fire Insurance Company 0 0 Hartford Casualty Insurance Company Hartford Insurance Company of Illinois [~ Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the Taws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: John D. Hunsinger, Mary Smith, T.L. O'Loughlin of Pasadena, CA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attomey. r~ ~/~~ ` ~," ~y..__.•t4 ~ ~}',~ tD 7o cfi ~ 1p79 ~ ~ lg 191! ~~Q ~ . ~~~ Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD ))) n John P. Hyland, Assistant Vice President On this 19`h day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. +~ MmxA ~ + '1J~M1JR • Jean H. Wozniak CERTIFICATE Notary Public My Commission Expires June 30, 2004 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies, which is still in full force effective as of April 9, 2008 Signed and sealed at the City of Hartford. ~~ytri~y~~~ tf tt ` ~^,t~s ~ MSMr ~ ii ~ ~°~A 1t~' :,,, ~ g ~ ~;, is u ~, ,f, t90 r 8 ~ •""~ t s tr+w~, 1 +..+ ~ ~1`q~,uKa1, s a.Ntl-~ ; t1r7+ ~ { rs7a ~~ ~ k.,,K. •' ., . ~. '~~t,..,.• •, NW' Colleen Mastrolannl, Assistant Vice President 25Q-130 Zoilo Reyes 2248 Canyon Drive Costa Mesa, CA. 92627 Employment: Merchants Building Maintenance: Area Supervisor, Orange County Project Manager: Area Supervisor, Los Angeles: Janitorial Staff /Site Foreman: Duties: January 1999 to Present December 1998 to January 1999 March 1992 to December 1998 May 1988 to March 1992 • Manage cleaning staff of over 150 personnel servicing commercial, residential and industrial facilities throughout Orange County. • Perform nightly inspections of serviced locations. • Prepare and maintain labour and supply budgets. • Oversee all aspects of janitorial payroll. • Trouble-shoot discrepancies and determine corrective actions and procedures to be taken. • On-Call 24-hrs per day. • Meet with customers and tenants to maintain quality work standards. • Provide Safety Training and assistance to janitorial crews. • Schedule weekly, monthly, quarterly, etc, schedules per job site. Education: • Graduate Estancia High School, Costa Mesa, CA. • Quarterly Waxie training seminars: o Carpet Care. o Hard Floor Maintenance. o Window Washing Techniques. o New Product /Chemical uses. • MBM Monthly Safety Training meetings. • MBM Quarterly Supervisor Safety and Management training. 25Q-131 GEORGE RODRIGUEZ .639 East Edinger Ave Unit C Sa~-?ta Ana, CA 92705 ~XPzR_=?~TC~ -CCC-Present Merchants $ldg Maintenance Santa Ana, CA Branch Manager ^ Manage cleaning crew of more than 500 personnel servicing commercial, ar_d industrial facilities through out Orange County and Los Angeles. ~ Administer an operational budget up to 5700,OOC.CO monthly. Manage and oversee all phases of operations and adrninistration staff. E Customer relations/visitations/satisfacuon ^ Site Walk-thru of gill job projects 1987-2000 DMS Santa Ana, CA Operations /Area Manager ?983-1987 CVLS ~ Santa Ana, CA A ,r'z Mango E Manage cleaning staff of over 150 personnel servicing commercial, residential, and industrial facilities through out Orange County E Perform Highly inspections of serviced locations = Prepare and mauitain labor and supply budgets = Oversee all aspecu of janitorial payroll a Trouble-shoot discrepancies and determine corrective acuons and procedures to be taken On call 24 Noun per day Meet with customer and tenants to m:~int~un quality nrork standards ^ Provide Safety Training and assistance to janitorial crews = Schedule weekly, mon-~hly, qua-terly, etc, schedules per job E D L-GATT O 1980-1983 Fullerton College Fullenon, CA B.A, Business Administrttion and Computer Science. = AA Mechanical Drafting AA Computer Aid Drafting 1639 C Ednger Av. 714 / 973.9272 Santa Ana, CA. 92705 Jaime Espir~o¢a Experience 2003 - To Present Merchants Building M. Santa Ana, Ca. Operations Manager I Orange County • Manage Area Managers and deaning personnel servidng over 80 commercial and industrial fadiities throughout Orange County. • Meet with customers and tenants to maintain quality work standards. .. Perform nightly inspections of serviced locations. • Schedule weekly, monthly, quarterly, etc schedules per job site. • Prepare and maintain labor and supply budgets. • Oversee all aspects of janitorial payroll. 2002 - 2003 Merchants Building M. Santa Ana, Ca. Project Managerl Masnplace Shopping Center • Manage deaning staff of over 28 persdnnel servidng a commercial indoor shopping center. ^ Meet with customer to maintain quality work standards. • Schedule weekly, monthly, quarterly job tasks for 3 worsting shifts. • Performed dally inspections of serviced mall. • Prepare and maintain labor and supply budgets. • Prepare cleaning staff payroll. 2001 - 2002 Merchants Building M. Orange, Ca Project Manager /Block Of Orange Mall ^ Manage deaning staff of over 36 personnel servicing a commerdal outside shopping center. • Meet with customer to maintain qualify work standards. • Schedule weekly, monthly, quarterly job tasks for 3 working sh'rfts. • Performed daily inspections of serviced mall. ' • Prepare and maintain labor and supply budgets • Prepare deaning staff payroll. 1998-2001 Merchants Building M. Culver City, Ca Area Manager • Manage the deaning personnel servicing over 35 commerdal, and industrial fadlities throughout lAS Angeles County and Long Beach Area. • Perform nightly inspections of serviced locations. • Schedule weekly, monthly, quarterly, etc schedules per job site. • Prepare and maintain labor and supply budgets. • Prepare janitorial payroll. Education 1986 - 1988 The Advertising Arts College La Jolla, Ca • Graduated Diploma in Advertising & Communiption Arts • Graduated From Orange Coast College / 1984 • Graduated From Costa Mesa High School / 1982 - 25Q-133 ADDENDUM NO. 1 REQUEST FOR PROPOSAL FOR PROVIDING JANITORIAL SERVICES FOR CITY OF SANTA ANA PARK RESTROOMS RFP Reference No. 08-021 PRCSA Date Due: April 10, 2008, 5:00 P.M. Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP No. 08-021 PRCSA. This addendum shall become a part of the original Request for Proposal due by 5:00 p.m. on April 10, 2008. This addendum is provided in response to questions asked at the pre-proposal conference conducted on March 27, 2008. 1. Re: Section I. A., Item 16, and Section II. A., Item 9 Bonding requirements will remain as follows: BONDING Each proposal shall be accompanied by a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful contractor shall also be required to provide the City a Payment bond in the amount of 100% of the total award to satisfy claims of material suppliers and laborers employed by it and finally a Performance Bond in the amount of 100% of the total award to guarantee faithful performance of all work in a manner satisfactory to the City within 20 days of receipt of award. 2. Exhibit "A", Item 12, Page 13 shall be revised to read as follows: Inspect and replace burned out lights inside and outside the building using existing type (manufacturer and wattage) lights products or approved equal. Contractor shall replace at their own cost a maximum 3 light bulbs per year per fixture. Contractor must inform City of light bulb replacement within 48 hours of the bulb being replaced in order to receive credit for a replacement 3. Exhibit "A", Item 15, Page 14 shall be revised to read as follows: air-ec~ierr.-Pick up/clean and remove any trash debris and/or foreign materials on the exterior of the building caused by the Contractor's service of the restrooms 25Q-134 4. Exhibit "A", Item 16, Page 14 shall be revised to read as follows: Remove, clean and sanitize entrance areas outside the building using an approved germicidal cleanser all urine, feces, and other liquid or solids. ~_~~*~~~ 1 n' ' ~, r~irrn~+;,.,, „~~l,o 1.,,;lrl' 5. Exhibit "A", Item 1 (Monthly), Page 14 shall be revised to read as follows: spe~~onTNo longer required. 6. Exhibit "A", Item 2 (Monthly), Page 14 shall be revised to read as follows: Inspect shower curtains. If curtains are worn, the contractor, at his expense, shall replace the curtains with a shower curtain product acceptable to the Director's representative -maximum three replacements per shower curtain. Thereafter, City provides the curtains for Contractors to replace. Shower curtains shall be to match existing. Should you have any questions or require additional information, please contact Robert Carroll, (714) 571-4218. 25Q-135 Date (mmldd/yy) fiIFICATE OF LIABILITY INSI~[~1~1~'~~E 4/10/2008 Bolton Certificate Processing ONLY AND CITE IS ISSUED AS A MATTER OF INFORMATION ONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Bolton & Company 245 S. Los Robles Ave., Suite 105 CA 91102 Pasadena (626) 799-7000 www. boltonco.com 0008309 Merchants Building Maintenance 1190 Monterey Pass Road CA 91754 Monterey Park THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I A E INSURER Travelers Propperty, & Casualty Com an of America INSURER ACE Property & Casualty INSURER Majestic Insurance Company INSURER Federal Insurance Company INSURER ~UER/kGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICSES AGGREGATE IMITS SHOWN MAY HAVERBEEN REDUCED BY PAID CLAIMS- THE POUCY POLICY EFFDATE E EX pRAATEION LIMITS 'R TYPE OF INSURANCE POLICY NUMBER R Y EACH OCCURRENCE S GENERAL LIABILITY COVG. ELSEWHERE COMMERCIAL GENERAL LIAB FIRE DAMAGE An one fire S CLAIMS MADE OCCUR MED EXP (An one arson) S vFRSONAL & ADV INJURY S A UTOMOBILE uaBILITY 810761 G1704TIL07 6/1/2007 6/1/2008 COMBINED SINGLE LIMIT $ 1 00 A ANV AUTO ALL OWNED AUTOS 80DILY INJURY (Per person) S SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accdent) S NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) S AUTO ONLY - EA ACCIDENT S GARAGE LIABILITY EA ACC OTHER THAN S ANV AUTO AUTO ONLY: Arr- S EXCESS LIABILITY XOOG23875354 6/1/2007 6/1/2008 AGGREGATE B acCUR ~CtAIMSMADE DEDUCTIBLE RETENTION S STATUTO C WORKERS' COMPENSATION & ITY ' XS108002201 3/1/2008 3/1/2009 EL EACH ACC LIABIL EMPLOYERS EL DISEASE - EXCESS (CA) EL DISEASE - mp. he orgery 5 8 7 Llm)t A S Workers Comp is Self-Insured under California Certificate of Consent to Self Insure #1793 for California operations. Job: Operations of the Named Insured. .. GERTIF1CgTf 1-1~i1; - IEC; . G~~IC~; I'l~k'TjQ~i; MBM CA, Operations of the Named lrtsured SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Clt of Santa Ana Y 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE- 20 Civic Center Plaza Plaza (M-30) SENTATIVES. ' 10 Days for Non-Payment of Premium Santa Ana, CA 92702-1988 AUTHORIZED JJ / REPRESENTATIVE ~ ~ Cheryl Feia ACOl2D 15-5 f7Y9'~)' i ~~ I'r, ~ ~I~~~.:, ~;±t»£~~~1,T,IAN~;1988 " 25Q-136 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID Z DATE(MM,DD/YYYY) MERCH-4 04 10 08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (WC) Heffernan Insurance Brkrs HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1350 Carlback Ave, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Walnut Creek CA 94596 Phone:925-934-8500 Fax:925-934-8278 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Star Insurance Company Merchants Buildi M i t INSURER B: ng a n enance Comppan - o INSURER C: 119 0 M nterey Pass Rd. Monterey Park CA 91754 INSURER D: INSURER E: VVV THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER P LI Y FFE TIV DATE MMIDDIYY P LI PIRATION DATE MM/DD/YY LIMITS GENERAL LWBILRY EACH OCCURRENCE $ ]-, OQO ~ 000 A X X COMMERCIAL GENERAL LIABILITY CP0272727 06~D1~U7 U6~U1~08 PREMISES (Ea occurence) $ 300, 000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ Cj ~ Q 0 Q X 250 PD DED PERSONALBADVINJURY $ 1 000 000 Per OCCUr. GENERAL AGGREGATE , , $ 2 OOO 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO PRODUCTS - COMPlOP AGG , , $ 2 , O O O , O O O X POLICY LOC JECT AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON•OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY • EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LU181LITY EACH OCCURRENCE $ OCCUR ^ CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE • EA EMPLOYEE $ SPECIAL PROVISIONS below '~ E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT / SPECUIL PROVISIONS Project: As on file with the insured. City of Santa Ana, its officers, agents, volunteers, employees and representatives are named as additional insured (primary) on General Liability policy per attached endorsement. *Except 10 days notice for non-payment of premium. CERTIFICATE HOLDER CANCELI ATIAN City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702-1988 CITYO 04 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 O * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR `---'"'' ©ACORD CORPORATION 1988 25Q-137 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (7/97) created at www.e CertsONLINE.com 25Q-138 Exhibit "C" ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, and the City of Santa Ana, located at 20 Civic Center Plaza, Santa Ana, California 92701; and their respective 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. 2. 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 Community Redevelopment Agency of the City of Santa Ana, 20 Civic Center Plaza (M-25), Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative 25Q-139 Exhibit "D" Date Name of person with ultimate authority Contractor's Name Address City, State, Zip Dear: ~O JG P,t l O N F~~s.1 h, r' ~l ~- On (date, time) Contractor failed to perform work specified in the City of Santa Ana contract specifications as outlined below: 1 Location: Spec Section: A. Labor: B. Equipment: C. Materials: Class Rate QTY Total Sub-Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 o.oo o.oo 0.00 TOTAL REDUCED FROM MONTHLY INVOICE FOR FAILURE TO PERFORM 0.00 According to the contract specifications the Executive Director's Representative determines all maters concerning the Contractors failure to perform to the specifications. Should you wish to appeal this matter you may do so by submitting in writing a letter to the Executive Director's Representative, the Park Superintendent, within seven calendar days from the date of this letter. Your appeal will be given serious consideration and you will be contacted with the final decision. Respectfully, Name of Supervisor/Manager Title CC: Maricruz Chavez Robert Carroll Contractor's AR 25Q-140