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Microsoft Word - Janitorial RFP 07-08-18 final

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  • 1. CENTRAL CONTRA COSTA SANITARY DISTRICT REQUEST FOR PROPOSAL RFP NO. 07-08-18 Janitorial Services INQUIRIES: Direct questions for clarification of this Request for Proposals to Anthony Holt, Buyer Telephone: (925) 229-7312 Fax: (925) 825-1437 E-Mail: aholt@centralsan.dst.ca.us SUBMITTAL: Volume One: One (1) original and four (4) copies Proposals must be received on or before: 3:00 p.m., May 30, 2008 Proposals received after the time and date stated above shall be returned unopened to the Offeror Addressed to: Anthony Holt, Buyer Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 Mark envelope: "Janitorial Services - RFP No. 07-08-18” Pre-Proposal Conference: 10:00 a.m., May 20, 2008 Central Contra Costa Sanitary District Headquarters Office Building –Board Room 5019 Imhoff Place Martinez, CA 94553
  • 2. CENTRAL CONTRA COSTA SANITARY DISTRICT REQUEST FOR PROPOSAL RFP NO. 07-08-18 NOTICE IS HEREBY GIVEN that the Central Contra Costa Sanitary District invites, and will receive sealed proposals for furnishing all labor, equipment and materials for providing Janitorial Services for the District. Po o a wl erc i da terc pi i ae a teDs i’H a q atr O feB ii , rp s l ib e e e th e e t n t ra th ir t e d u r s f s l v os tcs e i ud g c ln 5019 Imhoff Place, Martinez, CA 94553-4392 until 3:00 p.m., on May 30, 2008. Proposals shall b c al mak da “a i r l ev e –RFP No. 07-08-18” T eDs i s a n t elre y re s J n oi S ri sta c . h ir t h l o receive or tc l consider proposals received late. Inquiries regarding further information about the project should be directed to Anthony Holt at 925-229-7 1 .Iq i srg ri d e t n t teDs i’ H a q atr O feB ii a d 3 2 n u i e ad g i co s o h ir t e d u r s f re n r i tcs e i ud g n c ln tel ai o terc pi i ae ma b d e tdt teDs i’ rc pi i a 9 5 h o t n fh e e t n t ra y e i c c o os r e o h ir t e e t n t t 2 -228- tcs os 9500. Proposal documents may be obtained from the Purchasing Division by calling 925-229-7 1 . rp s l o u nsma a o b d w l d d f m te Ds i’ w b i a 3 2 Po o a d c me t y l e o n ae r s o o h ir t e se t tcs t www.centralsan.org/organization/purchasing/bid_opportunities.html. A pre-proposal conference and job walk will be held at 10:00 a.m. on May 20, 2008 at the Ds i’H a q atr O feB ii i teB adR o T ep ro eo tic nee c is to ir t e d u r s f tcs e i ud g n h o r o m. h up s fh o frn e c ln s discuss with prospective offerors the work to be performed and to allow them to ask questions arising from the initial review of this Request for Proposal. The District considers the pre- proposal conference to be critical to the understanding of the requirements of the Request for Proposals and although not mandatory, attendance at the pre-proposal conference is highly encouraged. The District hereby affirmatively ensures that disadvantaged business enterprises will be afforded full opportunity to submit a proposal in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, handicap, gender, or religion in any consideration leading to the award of contract. Central Contra Costa Sanitary District reserves the right to reject any or all Proposals, to waive any irregularities or informalities not affected by law, to evaluate the Proposals submitted and to award the contract according to the proposal which best serves the interests of said District. The District also reserves the right to change or limit the scope of this project at anytime. Dated at Martinez, California, this March 17, 2008 By:___________________________________________________________________ Jim Warrington, Purchasing and Materials Manager Martinez, California Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 2 of 54
  • 3. SECTION ONE GENERAL CONDITIONS RFP 07-08-18 1.1 INTENT The Central Contra Costa Sanitary District is requesting proposals from qualified and experienced firms interested in providing Janitorial Services for the District. Proposals are due on or before 3:00 p.m., May 30, 2008. Proposals are to be submitted to: Anthony Holt, Buyer Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, California 94553 Proposal documents may be downloade f m teDs i’w b i a: d r h ir t e se t o tcs t www.centralsan.org/organization/purchasing/bidopportunities.html The scope of work for this project is described in Section Three of this document. The required content, procedures, and format of the requested proposals are described in Section Four of this document. N t:F r up s so ti R q e to Po o a ,O frri d f e a a ye t ,n id a oe o p ro e fh e u s fr rp s l “ f o”s ei d s n ni i v u l s s e n t di , y or firm submitti apo o a i rs o s t teR q e to Po o a s li t n “u c sfl ng rp s l e p n e o h e u s fr rp s l ocai . S ce s n s it o u O frra d“ o t c rrfrotefm t w i ac nrc ia ad d f o” n C nr t ”ee t h i o h h o t t w re . e ao r c a s 1.2 INFORMATION To ensure fair consideration for all Offerors, the Purchasing Division of the Administration Department is issuing this Request for Proposal and Anthony Holt/Buyer is the sole point of contact for the Request for Proposal and, unless otherwise directed, all communications regarding this Request for Proposal should be directed to him. Offerors should carefully review this solicitation for defects and questionable or objectionable matter. Questions and comments regarding this solicitation must be submitted in writing, either by mail or facsimile to the Buyer, no later than 3:00 p.m., May 23, 2008. The q e t n r c mp n n me a de s p o ea dfxn mb r a dc na t es nmu t e u so e’ o a y a , d rs, h n n a u es n o tc p ro i s sb included with the questions or comments. Questions and answers thereto shall be provided all prospective Offerors, but the name of the Offerors submitting questions shall not be disclosed. Questions of a proprietary and competitive nature relating solely to the business interests of the questioner will be answered in strict confidence via individual and confidential communication such as e-mail, telephone or fax and the answers thereto will not be shared with all potential O frr . f o’ e s Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 3 of 54
  • 4. Offerors are specifically directed to contact the Buyer to arrange for meetings, conferences, or technical discussions related to this Request for Proposal. Failure to adhere to this policy may be grounds for rejection of proposals. 1.3 ADDENDA TO THE REQUEST FOR PROPOSAL Important Notice - Any revisions to the Request for Proposal will be issued and distributed as addenda. The District will not be responsible for oral interpretations given by any District employee, representative, or others. Offerors are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the RFP document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. It is the responsibility of each Offeror to ensure that the District has their correct business name and address on file. Any prospective Offeror who obtained a set of proposal documents from anyone other than the District is responsible for advising the District that they have a set of proposal documents and wish to receive addenda. If any addenda are issued to this Request for Proposal, the District will attempt to notify all prospective Offerors who have secured same and whose name and address are on file with the District. However, it will be the responsibility of each Offeror, prior to submitting their proposal, to contact the Buyer, to determine if addenda were issued and to make such addenda a part of the proposal. The District reserves the right to revise or amend the proposal documents up to the time set for opening the proposals. Any addenda or bulletins issued shall constitute a part of the contract documents. Offerors shall acknowledge receipt of any addenda to the solicitation by signing and returning the addenda with the proposal. 1.4 PRE-PROPOSAL CONFERENCE A pre-proposal conference will be held at 10:00 a.m. on May 20, 2008 a teDsr t t h itc’ i s Headquarters Office Building in the Board Room, 5019 Imhoff Place, Martinez, CA. The p ro eo tic nee c it d c s wt po p cv O frr tew r t b performed and up s fh o frn e s o i u s i rs e te f o’ h ok o e s s h i e s to allow them to ask questions arising from the initial review of this Request for Proposal. The District considers the pre-proposal conference to be critical to the understanding of the requirements of the Request for Proposals and, although not mandatory, attendance is highly encouraged. It is anticipated that no additional pre-proposal conferences will be scheduled. However, the District hereby reserves the right to schedule additional conferences when deemed to be in the best interest of the District. Questions and answers from the pre-proposal conference will be transcribed by the District and sent to prospective Offerors as soon as possible after the meeting. Offerors with a disability needing accommodation must contact the Buyer prior to the date set for the pre-proposal conference so that reasonable accommodation can be made. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 4 of 54
  • 5. 1.5 LETTER OF INTENT TO PROPOSE Al trn i t gteO frr i e tors o dt teR q e to Po o a mu t erc i d e e i c i h f o’ n n t e p n o h e u s fr rp s l s b e e e t d an e s t v at the address specified herein, no later than 3:00 p.m. May 28, 2008. Letters of Intent to Propose may be delivered in person, via U.S. Mail or by facsimile transmission or e-mail. Failure to submit a Letter of Intent to Propose, by the deadline specified, may result in the rej t no teO frr po o a S b si o teL t r fne toPo o ec n t ts h e i fh f o’ rp s l u mi o fh et o Itn t rp s o st e te co e s . sn e iu O frr a c pa c o tepo e ue , v l t nci r , n oh r d n t tei t co s f o’ ce tn e fh rc d rs e a ai rei a d te a mis ai n r t n e s u o ta ir v s u i of the Request for Proposal. The District assumes no responsibility for delays caused by the United States Postal Service or by common carriers or by any delivery or courier service the Offeror may select or by transmission errors or delays or mistaken delivery. Time extensions will not be granted. Each Offeror must appoint an individual to officially represent the Offeror for this acquisition. Include the following information in the Letter of Intent to propose: 1. Name and address of company 2. Telephone and facsimile numbers and e-mail address 3. Name and title of Of rr rpe e tte f o’ e rs nai e s v 4. Statement of Intent to Propose Offerors may withdraw their Letters of Intent to Propose at any time before the deadline for proposal submission. Letters of Intent to Propose shall be mailed, emailed, faxed, or delivered to: Anthony Holt, Buyer Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, California 94553 Fax: 925-825-1437 1.6 SUBMISSION OF PROPOSALS This solicitation has a firm due date and time as specified herein. It is solely the responsibility of the Offeror to ensure that their proposal is received by the District, in accordance with the solicitation requirements, prior to the deadline and at the place specified. In no event will a proposal be considered if it is received after the specified due date and time. Any proposal rc i datr h t h lb rtre , n p n d t teO frr po i dteO frr rtr e e e f ta s a e eun d u o e e ,o h f o, rv e h f o’ eun v e l e d e s address is on the envelope. Notwithstanding any provision specified herein, the District reserves the right to extend the proposal submittal deadline when it is in the best interest of the District. Proposals shall be submitted under sealed cover and shall be clearly marked as “Janitorial Services - RFP No. 07-08-18” n tepo o a c s gd t a dt , sw la a d h rp s l l i ae n i a e s on me l te O frr n me and return address shall also be included. h f o’ a e s The District shall not be rs o s l frpo o a rc i d l e d e t O frr fir t i ni te po o a a e p n ie o rp s l e e e a b s v t u o f o’ aue o d t h rp s l s e s l e f y required hereunder. Proposals may be submitted by hand, by courier or by U.S. Mail to the address specified below; however, facsimile and electronic proposals will not be accepted. If the proposal is submitted by Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 5 of 54
  • 6. mail or courier, Offerors should allow ample delivery time to ensure the timely receipt of their proposals. The District shall not be responsible for any delays by the United States Postal Service or by common carriers or couriers or as a result of mistaken delivery. Deliveries made before the date and time due, but to the wrong District office, will be considered non-responsive unless re-delivery is made to the office specified before the date and time due specified in the Request for Proposal. Postmarks will not be accepted. Proposals are to be mailed or delivered to: Anthony Holt, Buyer Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, California 94553 1.7 EXAMINATION AND ACCEPTANCE OF PROPOSAL REQUIREMENTS Before submitting a proposal, Offerors must satisfy themselves by personal examination of the proposal documents, and by any other means as they may believe necessary, as to the actual conditions, requirements, and difficulties under which the work must be performed and to verify any representations made by the District, upon which the Offeror will rely. The submission of a proposal shall be considered conclusive evidence that the Offeror has carefully investigated all conditions that affect, or may at some future date affect, the performance of services covered by this solicitation, and is satisfied as to the character, quality, and quantities of work to be performed and as to the requirements of the Request for Proposal. Submission of a proposal shall also be evidence that the Offeror is familiar with directives that in any way affect prosecution of the work or persons engaged or employed in the work. The District shall not be responsible for any error or omission in any proposal. No Offeror shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract. If the Offeror receives an award as a result of this Request for Proposal, failure to have made such investigations and examinations will in no way relieve the Offeror from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the Offeror for additional compensation. Any errors, omissions, or discrepancies found in the specifications or other contract documents shall be called to the attention of the District and clarified prior to the submission of proposals. Should the Offeror feel there has been a supplemental or oral modification, it shall be his/her responsibility to verify said modification in writing prior to submission of the proposal. Upon submission of RFP documents, all such documents shall become the property of the District. The contents of the proposal of the Successful Offeror shall become contractual obligations if procurement action ensues. Failure to accept these obligations in a contractual agreement shall result in cancellation of award. 1.8 OFFEROR’ POWER AND AUTHORITY S The Offeror, in submitting a proposal, warrants that it has full power and authority to comply with the requirements specified herein and will hold the District harmless from and against any and Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 6 of 54
  • 7. all loss, cost, liability, and expense (including reasonable attorney fees) arising out of any breach of this warranty. Further, Offeror affirms that it has not and will not enter into any arrangement with any third party, which might abridge any rights of the District under this Contract. 1.9 OFFEROR’ EXPERIENCE AND COMPETENCY S The Offeror, in submitting a proposal, warrants that it is fully experienced and properly qualified to provide the services required herein, and that it is regularly engaged in the general class or type of work called for under the contract, properly licensed, equipped, organized, and financed to perform such work required herein. Offeror shall also have no less than five (5) years of experience in the magnitude and character of the work proposed. By submitting a proposal, the Offeror certifies that it is not currently debarred from submitting bids, proposals, or quotations for contracts issued by any political subdivision or agency and that it is not an agent of a person or entity that is currently debarred from submitting bids, proposals, or quotations for contracts issued by any political subdivision of agency. 1.10 PROPRIETARY INFORMATION The proposals received shall become the property of the District and are subject to public disclosure. Offerors are to indicate any restrictions on the use of data contained in their responses. Materials must be clearly identified and the Offeror must include a brief statement that sets out the reasons for confidentiality. Those parts of a proposal which are defined by the Offeror as confidential, proprietary or, business or trade secrets, as that term is defined in C l ri G v rme t o e S co 6 5 ., n aera o a l mak da “rd S ces, af n o en n C d , e t n 2 47 a d r e s n b i a o i y re s Ta e e rt ” “ o f e t lo “rpi ay s a o l b d c s dt tep bcis c d c s r i rq i d C ni ni” rPo r tr” h l n e i l e o h u l f u h i l ue s e u e d a e l y so i so r or permitted under the California Public Records Act or otherwise by law. Marking the entire proposal as proprietary will neither be accepted nor honored. Failure by Offeror to label materials as proprietary, shall be deemed a waiver by the Offeror of any claim against the District for release of said materials. 1.11 MODIFICATION OF PROPOSALS Any Offeror who wishes to make modifications to a proposal already received by the District must withdraw his/her proposal in order to make the modifications. Withdrawals must be made in accordance with the terms and conditions of this solicitation (see Withdrawal of Proposals). All mo i ai s mu tb ma e i i ,po el it l b O frr a toi d rpe e tte d i tn f o c s e d n n rp r nie y f o’ uh re e rs nai , k y i d a e s z v executed, and submitted in the same form and manner as the original proposal. It is the responsibility of the Offeror to ensure that modified or withdrawn proposals are resubmitted before the deadline for submitting proposals. 1.12 WITHDRAWAL OF PROPOSALS Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals, only by written request for the withdrawal of the proposal filed with the Buyer. The Offeror or his/her duly authorized representative shall execute the request. The withdrawal of a proposal does not prejudice the right of the Offeror to file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of Proposals. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 7 of 54
  • 8. 1.13 EVALUATION AND AWARD OF CONTRACT Evaluation and selection of proposals will be based on the information called for in this Request for Proposal. Brochures or other promotional materials beyond that sufficient to submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary. It is the intention of the District to award a contract to the Offeror who furnishes satisfactory evidence that he/she has the requisite experience, ability, sufficient capital, and facilities to enable him/her to prosecute the work successfully and properly. To determine the degree of responsibility to be credited to the Offeror, the District will weigh any evidence that the Offeror has performed satisfactorily other contracts of like nature, magnitude, and comparable difficulty and comparable rates of progress. The District reserves the right to make the selection of an Offeror based on any or all factors of value, whether quantitatively identifiable or not, including, but not limited to, the anticipated initiative and ability of the Offeror to perform the services set forth herein. In selecting an Offeror, consideration will be given not only to the financial standing but also to the general competency of the Offeror for the performance of the work specified in the contract documents. The Offeror may also be evaluated on the basis of character, integrity, reputation, judgment, experience, and efficiency. The Offeror may be required before the award of any contract to show to the complete satisfaction of the District that it has the necessary licenses, permits, equipment, facilities, experience, ability, capacity, skill and financial resources to provide the services specified herein in a satisfactory manner. The Offeror may be required to give a past history and references in ore t s tf teDs i i rg r t teO frr q afai s T eDs i d ro aiy h ir tn e ad o h f o’ u lc t n . h ir t s tc e s i o i tc may make such investigation as it deems necessary to determine the ability of an Offeror to furnish the required services, and the Offeror will furnish to the District all such information and data for this purpose as the District may request. The District also reserves the right to conduct a background inquiry of each Offeror, which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories, and reputation in the business community. By submitting a proposal to the District, the Offeror consents to any such inquiries and investigations and agrees to make available to the District such books and records as the District deems necessary to conduct the inquiry. In connection with its evaluation, the District may, at its option, invite one or more Offerors to make an oral presentation to the District. During these interviews, the Offerors will be allowed to present such evidence as may be appropriate in order that the District can correctly analyze all materials and documentation submitted as a part of the proposals. The District reserves the right to reject any proposal if the evidence submitted by or investigation of such Offeror fails to satisfy the District that such Offeror is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein or; the proposal of any Offeror who has previously failed to perform properly, or complete on time, contracts of a similar nature. Any material misrepresentation or material falsification of information provided to the District in the proposal submission, or at any point in the proposal evaluation process is basis for rejection of the proposal. In the event that the misrepresentation or falsification is not discovered until after any agreement is awarded, the agreement may be terminated at that time. A determination as to whether a misrepresentation or falsification of the po o a s b si i maei s a b ma es lyi tee ec eo teDs i’ s u d rp s l u mi o s tr l h l e d o l n h x ri f h ir t o n sn a l e s tcs discretion. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 8 of 54
  • 9. Failure to meet the requirements of the Request for Proposal may be cause for rejection of the proposal. The District may reject the proposal if it is deemed incomplete, contains irregularities of any kind or is offered conditionally. The District reserves the right to reject the proposal of any Offeror who previously failed to perform adequately for the District or any other governmental agency. The District expressly reserves the right to reject the proposal of any Offeror who is in default on the payment of taxes, licenses, or other monies due the District. The District reserves the right to reject any and all proposals at any time, without cause and wto tp n l;t w i a yrq i me t b t te Ds i’ a d to e po o e b te i u e a y o a e n e u e ns oh h ir t n h s rp s d y h h t v r , tcs Offeror; to waive any irregularities or informalities in any proposal or the proposal process when it is in the best interest of the District to do so; to negotiate for the modification of any proposal with mutual consent of the Offeror; to waive minor defects or variations of a proposal from the exact requirements of the specifications that do not affect the price, quality, quantity, delivery or performance time of the service or product being procured; to re-advertise for proposals, if desired; sit and act as sole judge of the merit and qualifications of the service offered and; to evaluate in its absolute discretion, the proposal of each Offeror, so as to select the Offeror which best meets the requirements of the District, thus insuring that the best interest of the District will be served. If an Offeror submits insufficient information within the proposal, such that the District is unable to properly evaluate the proposal, the District has the right to require additional information, as it may deem necessary after the time set for receipt of proposals. Proposals expressing terms and conditions that do not conform to the terms and conditions in the Request for Proposal documents may be subject to rejection as non-responsive. The District reserves the right to permit the Offeror to withdraw non-conforming terms and conditions from its proposal response prior to the determination of the District of non-responsiveness based on the submission of non-conforming terms and conditions. AWARD OF CONTRACT F RT I P O E TI C N I E TU O A P O A B T EDS RC ’ B A DO O HS R J C S O TG N P N P R V L Y H IT ITS O R F DIRECTORS. Award of contract will not be based solely on price. Award of contract shall be made to the responsive, responsible offeror meeting the specifications and requirements of the RFP and having the lowest proposal and satisfactory qualifications and performance record. The following criteria will be used in this determination: A. Total proposal price in accordance with the requirements of the Request for Proposals and the ability to satisfy those requirements. B. C mp n ’rp tt na df a c ltts o a y e uai n i n i s u . s o n a a C. Past experience. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 9 of 54
  • 10. 1.14 ADDITIONAL TERMS AND CONDITIONS The District reserves the right to add terms and conditions during contract negotiations. These terms and conditions will be within the scope of the Request for Proposal. 1.15 CONTRACT REQUIREMENT The Successful Offeror will be expected to enter into a contract with the District which is substantially the same as the contract included in this Request for Proposal in the Appendix. In no event is an Offeror to submit its own standard contract terms and conditions as a response to this Request for Proposal. As a part of their proposal, as described in Section 4.2, Project Summary and Exceptions, Offeror may submit exceptions, changes and modifications that O frr yh v rg ri teDs i’ R q e to Po o a . o e e,h Ds i i n t f o ma a e e ad g h ir t e u s fr rp s l H w v r te ir ts o e n tcs s tc obligated to accept such exceptions, changes or modifications and reserves the right to reject O frr po o a b s do tee c pi s c a g s r d i t n rq i db teO frr f o’ rp s l a e n h xe t n , h n e o mo i ai s e u e y h f o. e s o f o c r e 1.16 CONTRACT DURATION The contract shall be for a one (1) year period with four (4) one-year extensions. 1.17 CONTRACT ADMINISTRATION AND AUTHORITY OF THE DISTRICT The Purchasing Department will administer the contract resulting from this Request for Proposal. The Project Managers who will oversee the day-to-day operations and work requirements related to this Request for Proposal will be Rick Ginn and Don Rhoads or their designated representative. Subject to the power and authority of the District as provided by law a di ti c nrc teDs i’ Po c Ma a es shall in all cases determine the quantity, n n h o t t h ir t rj t n g r s a, tcs e quality, and acceptability of the work for which payment is to be made under this contract and shall decide all questions that may arise relative to the fulfillment of the contract or the obligations of Contractor hereunder. Decisions by the Project Managers or their representative may be appealed to the Purchasing Manager. 1.18 EXECUTION OF CONTRACT Time is of the essence regarding the work to be performed for this Project. Contractor shall execute the contract without exception, including but not limited to signing all necessary documents and submitting all required bonds and evidences of insurance, within ten (10) calendar days after the notice of award. One copy of the contract will be returned to the Contractor after the District executes the contract. In case of failure of the Contractor to execute and return the contract and all required documents within the time allowed, the District may, at its option, consider that the Contractor has abandoned the contract. As such, the District may choose to enter into a contract with another Offeror. 1.19 ASSIGNMENT OF CONTRACT No assignment, transfer, conveyance or subletting of the contract or any part hereof, or of funds to be received hereunder, will be binding upon the District unless such assignment had prior written approval and consent of the District. In the event the District gives such consent, the Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 10 of 54
  • 11. terms and conditions of the contract shall apply to, and bind the party or parties to whom such work is assigned, sublet or transferred. 1.20 INDEPENDENT CONTRACTOR Contractor shall be legally considered an independent contractor and neither Contractor, nor its employees, shall, under any circumstances, be considered servants or agents of the District; and the District shall be at no time legally responsible for any negligence or other wrongdoing by Contractor, its servants or agents. Contractor shall pay all taxes, levies, duties and assessments of every nature due in connection with any work under the contract, shall make any and all payroll deductions required by law, and shall indemnify and hold harmless the District from any liability on account of any and all such taxes, levies, duties, assessments and deductions. The District will not withhold from the Contract payments to the Contractor any federal or state unemployment taxes, federal or state income taxes, Social Security tax, or any other amounts for benefits to Contractor. Further, the District will not provide to the Contractor any insurance c v rg o oh r e ei,n l i Wok r’ o e s t n n r l po i d o ea e r te b n f i u n t c d g res C mp n ai , omay rv e s o l d by the District for its employees. 1.21 CERTIFICATES AND LICENSES Contractor may be required to possess specialized permits, licenses or certificates in order to legally perform the work under any contract awarded as result of this Request for Proposal. Unless otherwise specified herein, Contractor shall at his/her expense, pay all charges and fees associated with said permits, licenses and certificates. Contractor shall provide the District notarized copies of all valid permits, licenses and certificates required for the performance of the work under this Request for Proposal. The notarized copies shall be delivered to the District no later than ten (10) days after the Contractor receives the notice of award from the District. Current copies of the certificates or licenses shall be provided to the District within twenty-four (24) hours of demand at any time during the contract term. 1.22 INSURANCE Contractor and its insurance company should carefully review the insurance requirements applicable to this job. All requirements must be met before the District will allow work to commence on this contract. When performing work on property in the care, custody or control of the District, Contractor shall, at its expense, procure and maintain Commercial General Liability Insurance and Automobile Liability Insurance with a State of California admitted surety wt a AM.B ssIs rn e R t g o AVI rb t ro a o i o erations under this i n . h e t n ua c ai f :I o et n l f t p ’ n e l s Contract for the duration of the work and the warranty period. All Certificates of Insurance shall be provided within ten (10) consecutive calendar days of award of contract. Failure to furnish the required certificates and endorsements within the time allowed is a material breach and will result in withdrawal of award. 1.22.1 Commercial General Liability Insurance. Contractor shall carry general liability insurance in any combination of primary, excess or umbrella insurance, covering all operations by or on behalf of Contractor for the limits of liability not less than $1,000,000 per occurrence. If the policy has a general aggregate limit, the aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 11 of 54
  • 12. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability c v rg “curn e fr C 0 0 . Contractor' c v rg s a b “curn e c v rg o ea e o c r c ”om G 0 1 e s o ea e h l e o c r c ” o ea e l e a dn tc i ma e c v n o “lms d ” o erage. Coverage shall include, or be endorsed to include, coverage a for personal injury liability assumed under Contract. The policy shall also include liability arising out of the use and operation of any District-furnished equipment by Contractor, its personnel and others. The District, its officers, directors, and employees shall be named as additional insured on Contractor’p lyb ap lypo io o e d re n po in c v rg a l s s oc y oc rv i r n os me t rv i o ea e te t i i sn dg a a bo da Is rn eS ri sO fe“d i n ln ue - Owners, s or Contractors (Form B) s ra s n ua c ev e f c i A d i a Is rd c to e d re n N mb r G 2 1 . n os me t u e C 0 0” The required additional insured coverage for the District, its officers, directors, and employees shall stipulate that the insurance afforded the additional insured shall apply as primary insurance and that any other insurance or self-insurance maintained by the District shall be excess only and shall not be called upon to contribute with Contractor’i ua c . sn rn e s The Commercial General liability Insurance coverage shall include (a) care, custody and control as well as errors and omission coverage related to the breach of duty by the Contractor and its employees (b) personal liability coverage and (c) assault and battery coverage. 1.22.2 Automobile Liability Insurance. Contractor shall carry Automobile Liability Insurance in any combination of primary, excess or umbrella insurance, provided the coverage is at least as broad as the liability coverage of Insurance Services Office Business Automobile Liability, S mb l o e# “n a t”fr n y o C d 1 a y uo ( m umber CA 0001), in an amount not less than $1,000,000 per o occurrence. The District, its officers, directors and employees shall be named as additional insured on C nrc r p lyb ap lypo io o e d re n po in c v rg a l s a bo d o t t ’ oc y oc rv i r n os me t rv i o ea e te t s ra a os i i sn dg a a Is rn e S ri s O fe “d i n lIs rd - Owners, s or Contractors (Form B) s n ua c ev e c f i A d i a n ue c to e d re n N mb r G 2 1 . n os me t u e C 0 0” The required additional insured coverage for the District, its officers, directors, and employees shall stipulate that the insurance afforded the additional insured shall apply as primary insurance and that any other insurance or self-insurance maintained by the District shall be excess only and shall not be called upon to contribute with Contractor’i ua c . sn rn e s 1.22.3 Workers' Compensation and Employers Liability Insurance. Wok r’ res Compensation Insurance shall be provided as required by any applicable law or regulation. Employers Liability Insurance shall be provided in an amount not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 policy limit for bodily injury by disease, and $1,000,000 each employee for bodily injury by disease. The insurer shall waive all rights of subrogation against the District, its officers, directors, and employees. 1.22.4 Additional Insured. The General Liability and Auto Liability policies are to contain or be endorsed to name the District, its officers, appointed and elected officials, agents and employees as Additional Insured as respects the liability arising out of the activities performed in connection with this contract. The coverage shall (a) be primary with respect to any insurance or self-insurance programs maintained by the District; (b) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; and (c) contain Standard Cross-liability provisions. Such additional insured Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 12 of 54
  • 13. endorsements maintained by the Contractor and its subcontractors shall not be required to provide coverage for District for the active negligence of District. Original endorsements, signed by a person authorized to bind coverage on its behalf, shall be furnished to the District by the Contractor. With regard to additional insured requirements, the following specific language shall be utilized: “h Ds i i n me a a d i a i ue fr li iyain o t fh o eai sb o o T e ir ts a d s d i n l s rd o a lbi r i u o te p rt n y r n tc to n la l t sg o behalf the named insured, and this policy protects the additional insured, its officers, agents and employees against liability for bodily injuries, deaths or property damage or destruction arising in any respect directly or indirectly in the performance of the contract. The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured and the coverages afforded shall apply as though separate policies have been issued to each insured. The insurance provided herein is primary and no insurance held or owned by the District shall be called upon to contribute to a loss. This policy does not exclude explosion, collapse, underground excavation hazard or removal of l ea s p ot a rlu p r” t . 1.22.5 Cancellation Clause. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice has been given to the District. The following specific language shall be utilized: “ o ea eb ti p lys a n t erd c do c n ee wto th t (0 d y C v rg y h oc h l o b e u e r a c ld i u tiy 3 ) a s s i l l h r written notice given to the District y ete ma rtr rc i rq e td” b c rf d i eun e e te u s . ii l p e 1.22.6 Wok r’ o e s t nS l res C mp n ai o ef -Insurance. In the event Contractor is self-insured, he shall furnish a Certificate Of Permission to Self-Insure, signed by the Department of Industrial Relations Administration of Self Insurance, Sacramento, California. 1.22.7 Deductibles and Self-Insured Retention. Any deductibles or self-insured retention must be declared to, and approved by, the District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the District, its officials, employees, and agents; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the District. 1.22.8 Commencement of Work and Failure to Comply with Requirements. Original, signed certificates and original, separate endorsements, naming the District as additional insured for liability insurance and automobile insurance as well as a waiver of subrogation for Wok r C mp n ai Is rn eaet b rc i da drv w db teDs i b fr a y re’ o e s t n n ua c r o e e e e n e i e y h ir t eoe n s o v e tc work is commenced hereunder by Contractor. The certificates and amendatory endorsements shall be signed by an authorized agent of the insurer, binding the insurer. The District reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance correspondence, notices, certificates, and endorsements from the insurance carriers shall each separately reference the District Contract Number. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 13 of 54
  • 14. In the event Contractor fails to comply with this section, the District may take such action, as the Ds i d e n c sayt poe th Ds i’ i ee t S c a t nmay include but is not ir t e ms e e s r o rtc te ir t n rs u h co tc tcs t . i limited to termination of the Contract, withholding of payments, or other action, as the District deems appropriate. Furthermore, if at any time during the life of the contract, Contractor fails to maintain in full force any insurance required by the contract documents, the District may acquire the necessary insurance for the Contractor and deduct the cost thereof from the appropriate progress payments due Contractor. Contractor shall maintain the insurance for the life of the contract. Should Contractor cease to have insurance as required during any time, all work by Contractor pursuant to this agreement shall cease until insurance acceptable to the District is provided. The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions herein may be within public policy and enforceable. Original insurance certificates and endorsements are to be mailed or delivered to: Anthony Holt, Buyer Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 1.23 WORKER’ COMPENSATION CERTIFICATION S Contractor shall complete the Wok r’ o e s t nC rfai F r (Appendix) certifying res C mp n ai etc t n om o i o i c mpa c wt tew resc mp n ai po io o teC l ri L b r o e o ln e i h ok r’o e s t n rv i fh af n a o C d . i h o sn i a o 1.24 INDEMNIFICATION To the fullest extent permitted by law Contractor agrees to indemnify, defend and save harmless the District, its officers, directors, agents and employees, and each of them, from and against any and all suits, actions, legal or administrative proceedings, claims, demands, consequential d ma e ,i ii ,nee tatre ’ fe , o t e p n e a dl s so w as e e k do a g s lbi s i rs t n y e s c s , x e s s n o e f h t v r i r a le t t , o s s s o n nature, whether or not well founded in fact or in law and, directly or indirectly caused, occasioned or contributed to in whole or in part, or claimed to be caused, occasioned or contributed to in whole or in part, by reason of any act, omission, fault or negligence whether a teo p si o C nrc r r f n o ea t gu d r o t c r d e t no c nrlo o cv r a s e f o t t o o a y n cn n e C nr t ’ i co r o t , r n i v ao i a os r i o C nrc r b h l i c n e t nwt o i i n t tep r r n eo teC nrc i l i o t t ’ e a , n o n co i rn d to h ef ma c fh o t tn u n a os f i h ce o a cdg delivery and unloading of supplies and equipment, regardless of the passive, concurrent negligence on the part of the District or anyone acting under its direction or control or on its behalf. Without limiting the generality of the foregoing, the same shall include injury or death of any person or persons and damage to any property, regardless of where located, including wto ti tt n te po et o te Ds i, o t c r e l e sa d a oh rp ro s i u l ai h rp r f h ir t C nr t ’ mp y e n l te es n . h mi o y tc a os o l F r emoe C nrc r o lai t i e i teDs i s a n t ers ie t i ut r r, o t t ’ bg t n o n mn y h ir t h l o b e tc d o n h a os i o d f tc l rt surance proceeds. Contractor acknowledges that it has fully informed itself of the contents and meaning of this indemnification requirement and that the terms are contractual and not a mere recital. These Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 14 of 54
  • 15. requirements shall also apply to any Contractor's subcontractor whose hazards are not covered by Contractor's insurance policies. It is further the intent of the parties that this indemnification requirement is not intended to relieve the District from liability for the active negligence of the District, its officers, appointed and elected officials, agents and employees. This hold harmless clause is in no way an admission of liability on the part of the District or any of its agents or employees. 1.25 POST-AWARD MEETING Contractor shall meet with te Ds i’ Po c Ma a e pi t c mme c me to te h ir t rj t n g r r r o o tcs e o ne n f h contract. The meeting shall commence within ten (10) days of the date of execution of the c nrc o s o e.Ii C nrc r rs o s iyt c na th Ds i' Po c Ma a e,o o t t r o n r ts o t t ’ e p n il o o tc te ir t rj t n g rt a a os bi t tcs e arrange for the post-award meeting. The purpose of this meeting will be to discuss the rq i me t o tec nrc a dC nrc r rs o s ii .A d i ay d c si a o th e u e ns fh o t t n o t t ’ e p n ile r a a os bi s d i n l, i u s n b u te t t l s o o forms, reporting format and other details related to the performance under the contract will be discussed. 1.26 PHYSICAL DAMAGE C nrc rs a b h l rs o s l fra y be k g ,l s o d ma e o te Ds i’ o t t h l e e e p n ie o n ra a e o , r a g f h ir t ao l d b s tcs equipment or supplies or to property owned by the District or its customers through the negligence of Contractor or his/her employees while performing the work specified herein or w ri o teDs i’pe s s C nrc r h l ers o s l fre tr go rp c ga y ok g n h ir t rmi . o t t s a b e p n ie o rs i re l i n n tcs e ao l b on an equipment, facilities, etc., so damaged. Contractor shall immediately report to the District any damages to the premises resulting from services performed or goods supplied under this contract. Failure or refusal to restore or replace such damaged property will be a breach of this Contract. 1.27 TERMINATION FOR DEFAULT AND CAUSE In the event that Contractor fails to perform under the terms of the contract or willfully violates any of the conditions or covenants of the contract documents, the District may terminate the contract with ten (10) days written notice to Contractor. Termination for cause shall be at the discretion of the District and such cause shall be, but not limited to the following circumstances: A. If Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under its agreement the District may terminate the contract, in whole or in part. B. Any assignment, subletting or transfer of the interest of Contractor, either in whole or in part, without the written consent of the District shall be cause for the District to immediately terminate the agreement for default. After receipt of a notice of termination, except as otherwise directed, Contractor shall stop work on the date of receipt of the notice of termination or other date specified in the notice; place no further orders for services, except as necessary for completion of such portion of the services not terminated; and settle all outstanding liabilities and claims. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 15 of 54
  • 16. In case of default by Contractor, the District may procure the services from other sources and hold Contractor responsible for any resulting additional purchase and administrative costs and may deduct from monies due, or that may thereafter become due to Contractor, the difference between the contract price and the actual cost thereof to the District. Prices paid by the District shall be considered the prevailing market price at the time such costs are incurred. This remedy shall be in addition to any other remedies that the District may have. Contractor shall not be held responsible for failure to perform the duties and responsibilities imposed by the contract due to legal strikes, fires, riots, rebellions and acts of God beyond the control of the Contractor, unless otherwise specified in the contract. 1.28 TERMINATION FOR CONVENIENCE The performance of work under the contract may be terminated by either Party in whole or in part whenever the Party determines the termination is in the Party's best interest. Any such termination shall be effected by the Party by the delivery of written notice of termination at least thirty (90) days before the date of termination, specifying the extent to which performance of the work under the Contract is terminated and the date upon which such termination becomes effective. 1.29 NON-APPROPRIATION All funds for payment by the District under this Contract are subject to the availability of an annual appropriation for this purpose by the Board of Directors. In the event of non- appropriation of funds by the Board of Directors for the services or goods provided under contract, the District will terminate the Contract, without termination charge or other liability, on the last day of the then-current fiscal year or when the appropriation made for the then-current year for the services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of the contract, immediate written notice shall be given to the Contractor and cancellation shall be accepted by Contractor on thirty (30) d y’ r r rtnn te b tauet g es c n tes a b o n efc a dteDs i s a a spi w i o t e oi , u fir o i u h oi h l e f o f t n h ir t h l c l v c l e tc l not be obligated under this contract beyond the date of termination. 1.30 PAYMENT Contractor shall be fully responsible for assuring that all services arising from the contract are billed the correct and applicable contract rate. Contractor is required to establish and maintain a process to monitor its billing practices and will refund all over-charges that may occur. The District will routinely audit invoices generated by Contractor. Invoices shall be submitted monthly for all work completed during the previous month. Invoices shall include and separately list the following items: 1. Contract Number or Purchase Order Number. 2. Date of service. 3. Pricing itemized by facility or location, described exactly as the bid items on the Proposal Form of this RFP. 4. Description of any extra services provided. Invoices not itemized as above will not be paid until corrected Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 16 of 54
  • 17. Unless otherwise specified, invoices shall be sent to the address set forth herein below. Central Contra Costa Sanitary District Attention: Accounts Payable 5019 Imhoff Place Martinez, CA 94553-4392 Payment terms will be Net Thirty (30) Days unless the Contractor proposes a discount for prompt payment. Payment will be made within thirty (30) days of acceptance of the services or after the receipt of a correct invoice, whichever event occurs later. In connection with any cash discount offered, time will be computed from the date of complete delivery of the services as specified, or from the date correct invoices are received if that date is later than the date of delivery. For the purposes of earning the discount, payment is deemed to be made on the date of the mailing of the District check. Discounts for payment in less than twenty (20) days may not be considered. 1.31 RECORDS AND AUDIT Contractor shall maintain complete and accurate records with respect, and in any way connected, to the services rendered and the costs incurred under this contract. Upon the Ds i’ rq e t C nrc rs a ma e s c rc rsa aa l t te Ds i’ a d o a d ir t e u s o t t h l k u h e od v ib o h ir t u i r n tcs , ao l l e tcs t his/her agents and representative, for the purpose of auditing and/or copying such records, for a period of five (5) years from the date of termination or completion of the agreement. 1.32 COMPLIANCE WITH LAWS Contractor shall, in the performance of work under this contract, fully comply with all applicable federal, state or local health and safety laws, rules regulations, codes or ordinances, including but not limited to those promulgated by CAL-OSHA and FED-OSHA. Contractor shall keep itself fully informed of, and shall observe and comply with, all laws, ordinances and regulations which in any manner affect those engaged or employed on any work, or the materials and equipment used in any work, or in any way affect the performance of any work, and of all orders and decrees of agencies having any jurisdiction or authority over work performed under the contract. If any discrepancy or inconsistency should be discovered between the contract and any such law, ordinance, regulation, order or decree, Contractor shall immediately notify the District in writing. Contractor shall be responsible for the compliance by its employees, with these provisions. Contractor shall hold the District harmless from any liability resulting from failure of such compliance. In case of conflict between federal, state and local laws, rules, regulations, codes and ordinances, the most stringent shall apply. Failure to comply with the requirements of this section and related sections may result in suspension of work. 1.33 ETHICS IN PUBLIC CONTRACTING Each Offeror, by submitting a proposal, covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Offeror further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Offeror certifies that to the best of his/her knowledge, no one who has or will have any financial interest under this contract is an officer or employee of the District. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 17 of 54
  • 18. Offeror certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements and that it has not conferred on any public employee, public member, or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. Offeror further certifies that no relationship exists between itself and the District or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the District. 1.34 EQUAL EMPLOYMENT OPPORTUNITY Attention of the Offeror is particularly called to the requirement for ensuring that employees, and applicants for employment, are not discriminated against because of their ancestry, race, religion, color, gender, age, disability, political affiliation, national origin or ancestry, except when such a condition is a bona fide occupational qualification reasonably necessary for the normal operations of Offeror. It is understood and agreed that Offeror shall comply with all requirements, when applicable, of the California Fair Employment Practices Commission and provisions, when applicable, of all Federal, State of California, County of Contra Costa and the Ds i’ l s a d od a c s i p r r n e o fllg ti a re n. T e aoe a ir t a tcs w n ri n e , n ef ma c f u in h ge me t h frs i n o fi l s d provisions shall include, but not be limited to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Offeror agrees to post in conspicuous places, visible to the employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Offeror, in all solicitations or advertisements for employees, placed by, or on behalf of Offeror, shall state that Offeror is an Equal Opportunity Employer. 1.35 AMERICANS WITH DISABILITIES ACT Offeror assures the District that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services and telecommunications. 1.36 IMMIGRATION REFORM AND CONTROL ACT OF 1986 Offeror certifies that it does not and will not during the performance of the contract employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986 (IRCA) and shall comply with existing Labor Codes regarding employ of aliens except under extraordinary emergencies (Section 1851.5, 1850 to 1854). Further, Offeror shall indemnify, hold harmless and defend the District against any and all actions, proceedings, penalties or claims arising out of teO frr fir t c mp s ilwt teIC . h f o’ aue o o l tcy i h R A e s l y rt h 1.37 LOBBYING EFFORTS Any lobbying efforts by Offerors as a result of this Request for Proposal, or its award, are prohibited. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 18 of 54
  • 19. 1.38 NON-ENDORSEMENT As a result of the selection of an Offeror, the District is neither endorsing nor suggesting that O frr po u tste b s o o l s l i . O frra re t ma e n rfrn e t te f o’ rd c i h e t r n o t n e s y uo f o ge s o k o eee c o h e District, this Request for Proposal or to the project in any news releases, literature, advertisements, promotional material, brochures, sales presentations, or the like without the express written consent of the District and only in coordination with the District. 1.39 CONTRACT DOCUMENTS REPRESENT ENTIRE AGREEMENT The contract documents represent the entire understanding of the District and Offeror as to those matters contained therein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered by the contract documents. The complete contract shall include the entire contents of the Request for Proposal and all pages that make u teR Ps li t n a a d n a a o O frr s b t l a s p l na a re ns a p h F ocai , l d e d , l f f o’ u mi s l u p me tl ge me t l it o l l e s t ,l a e ,l change orders, all bond(s), and any and all written agreements which alter, amend or extend the c nrc Wh r te O frr po o a o s b t l c nltwt te Ds i’ tr a d ot ta. ee h f o’ rp s l r u mi s o f e s ta i i h ir t ems n c h tcs conditions, the District terms and conditions shall preside. 1.40 RIGHT TO REQUIRE PERFORMANCE The failure of the District at any time to require performance by Contractor of any provisions hereof shall in no way affect the right of the District thereafter to enforce the same. Nor shall waiver by the District of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself. 1.41 SEVERABILITY If any provisions of this Contract shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 1.42 SURVIVAL N ti s n i teDs i’a c pa c o tew r a dp y n teeoe C nrc r h l owt t d g h ir t ce tn e fh ok n a me th rfr, o t t s a ha n tcs ao l remain obligated under all clauses of this Contract, which expressly or by their nature extend beyond and survive such acceptance and payment or termination. 1.43 VENUE Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested in Contra Costa County, California. 1.44 INCURRING COSTS The District is not liable for any cost incurred by Offerors in responding to this Request for Proposal, including preparation, submittal, presentation or evaluation. Such expenses shall be borne exclusively by the Offeror. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 19 of 54
  • 20. 1.45 CANCELLATION AND MODIFICATION OF PROPOSAL SOLICITATION The District reserves the right to modify the conditions and requirements of this Request for Proposal at any time. The District may cancel this solicitation of Proposal at any time. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 20 of 54
  • 21. SECTION TWO PROJECT CRITICAL PATH TIMELINE RFP NO. 07-08-18 Janitorial Services EVENT COMPLETED BY Release Final RFP March 17, 2008 Pre-Proposal Conference 10:00 a.m., May 20, 2008 Final Questions Due 3:00 p.m., May 23, 2008 Letter of Intent to Propose Due (Fax Acceptable) 3:00 p.m., May 28, 2008 RFP Responses Due (Fax Not Acceptable) 3:00 p.m., May 30, 2008 RFP Evaluations (including reference checking and site visits) May 30 –June12, 2008 Position Paper Due June 12, 2008 Board of Directors Approval June 19, 2008 Sign Contract Week of June 23, 2008 Post-Award Meeting (to be scheduled by Contractor at District site) Week of June 23, 2008 Provide Required Insurance and Bond Week of June 23, 2008 District Safety Orientation Week of June 23, 2008 Contract Begins June 30, 2008 *** Contract may be extended for two (2) additional two-y a p r d a teDs i’o t n e r ei s th ir t pi o tcs o T i ci a p t t lerpe e t teDs i’ b st estimate of the schedule that will be followed. If a h ri l ah i i e rs ns h ir t e s t c men tcs component of this schedule, such as RFP response due date, is delayed, the remainder of the schedule will be adjusted by an equal number of calendar days. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 21 of 54
  • 22. SECTION THREE SCOPE OF WORK RFP NO. 07-08-18 3.1 BACKGROUND AND GENERAL PROVISIONS The Central Contra Costa Sanitary District is requesting Proposals from qualified, experienced and reputable contractors for providing an Annual Contract for Janitorial Services for District- owned facilities. Contractor shall furnish and use, at his/her own expense, all materials, labor, tools, equipment, chemicals, supplies and transportation to provide the services required under the contract. All work shall be performed in accordance with the best practices of the profession and shall be in keeping with the high aesthetic level and importance to the public of the facilities being maintained. IiteDs i’ie toc nrc t e sr acni i a drlb s uc o Jnoi S ri s t h irt n n t o t to nue o tu g n ea l o re f a ir l ev e. s t s t c a nn i e ta c The needs herein stated are those that may be termed immediate, usual, common and of a casual quantity. Estimated work is given as a basis for comparison of proposals only and is not to be construed as a guarantee of the quantities of service to be purchased. The District reserves the right to increase or decrease quantities listed to meet the needs of the District during the period(s) of the contract. T e r h i rs re b te P rh s g Ma a e t e a ae a ofrr p tni a iyt h i ts e ev d y h uc a i g n n g r o vl t u f o’ oe t l bi o e s a lt satisfy the requirements of the contract by any meaningful analysis procedure deemed important by the Purchasing Manager. The Purchasing Manager shall, in all instances, be the final judge in determining whether a Contractor is qualified and eligible for award of contract. The contract is expected to begin on or before June 30, 2008. The term of the contract shall be twelve (12) months. Contract may be renewed annually thereafter for four (4) consecutive one- ya p r d,a te Ds i’ o tn a d u o muu l a re b terms. Payment and e r ei s t h irt pi o t s c o n pn tay ge a l l e performance obligations for succeeding fiscal periods shall be subject to appropriation of funds teeoeb teDs i’ B ado Drc r. h rfr y h irt o r f i t s More information can be found on our website: t s c eo www.centralsan.org 3.1.1 Contractor Staff Selection. T e Ds i rs re te r h t i ev w C nrc r h ir t e ev s h i t o n ri tc g t e ot t ’ a os recommended staff assigned to the account. 3.2 CONTRACTOR QUALIFICATIONS Contractor shall meet the following minimum requirements: 1. The objective of this contract is to provide for full service maintenance of the District’ s facilities. The successful contractor shall provide all labor, consumable materials, supervision, tools, equipment, transportation and all effort necessary to perform said services. 2. Contractor shall have no less than five (5) years of experience in the business of providing Janitorial services in the State of California. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 22 of 54
  • 23. 3.3 CONTRACTOR PERSONNEL C nrc r p ro n l si e t te Ds i s a b a c u tb t te Ds i’ Po c o t t ’ es n e a s n d o h ir t h l e co na l o h ir t rj t a os g tc l e tcs e Ma a esa d s a c mp wt w i n a d v ra i t co src i d f m te Ds i’ n g r n h l o l i rt n eb ln r t n e e e r l y h t e su i v o h ir t tcs Project Managers or their designee. However, all persons performing work under the contract shall at all times b rc g i d a te C nrc r e l e sa d u d rte C nrc r e e o n e s h o t t ’ mp y e n n e h o t t ’ z a os o a os control and supervision. 3.3.1 Contract Management And Janitorial Staff Supervision. Contractor shall provide a contract manager and a Janitorial supervisor who shall be responsible for coordinating District directives, providing direct supervision and training of the Janitorial staff and resolving personnel issues. The contract manager and Janitorial supervisor shall be knowledgeable about all aspects of the contract and shall insure that strict compliance with contract requirements is continually maintained. The contract manager shall have a minimum of two (2) years experience in the management of contracts. The Janitorial supervisor shall have a minimum of two (2) years experience in managing Janitorial personnel and shall be knowledgeable in all aspects of Janitorial procedures. The Janitorial supervisor shall also have a minimum of one (1) year experience as a Janitorial staff member. The Janitorial supervisor shall have been employed by the Contractor fr mimu o s () nh pi t b i a s n dt teDs i’ c nrc u l sga td o a n m f i 6 mo ts r ro e g si e o h ir t o t t n s rne i x o n g tcs a e a e c pi i w i gb teDs i’ Po c Ma a e. T eC nrc r contract manager n xe t n n ri y h ir t rj t n g r h o t t ’ o tn tcs e a os and janitorial supervisor shall: 1. Perform all personnel management functions such as the hiring and discharging of Janitorial staff. 2. Ensure that Janitorial personnel are performing their duties in accordance with the work specified herein. 3. Maintain continuous awareness of the quality and completeness of the work performed by Janitorial personnel. 4. Conduct training of Janitorial staff, including the review of District directives and required procedures. 5. E a ae p r r n e o J n oi s f s e i i u f m te Ds i’ Po c v l t ef ma c f a i r l t f e k g n t r u o t a a, n p o h ir t rj t tcs e Manager. 6. Make site inspections on a regular basis. 7. Me t e u r a d a n e e wt Ds i’ Po c Ma a e o h /e d s n et e rg l l n s e d d i ir t rj t n g r r ih r e i e o ay h tcs e s g review Contractor performance. These meetings shall be at no additional cost to the District. 8. Ensure adequate coverage on a day-to-day basis as well for times of illness, vacation, strike, etc. and ensure that Janitorial staff are on time and at their duty location as scheduled. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 23 of 54
  • 24. 9. Ifr teDs i’rpe e tteo a y h n e i C nrc r tf g nom h ir t e rs nai f n c a g sn o t t s f . tcs v a o ai n 3.3.2 Janitorial Staff Qualifications. Janitorial staff utilized in the performance of work specified herein shall meet the following requirements: 1. Be a United States citizen or alien properly registered with the United States Immigration and Naturalization Service. 2. Be at least eighteen (18) years of age. 3. Possess a high school diploma or GED. 4. Be properly licensed in accordance with the State of California Business and Professions Code. 5. Shall not have been convicted of a felony or other criminal offense, which, in the Ds i’ s l d tr n t nw u i ith i id asa iyt p r r h /e d t s ir t o eemi i o l n b te n v u l bi o ef m ih r ui tcs e ao d hi di ’ l t o s e in a reliable, competent and trustworthy manner. 6. Be physically and mentally qualified to perform their assigned duties in a safe manner. 7. Have a minimum of one (1) year of actual in-field experience as a Janitorial staff member, excluding training. 8. Perform duties in a courteous and respectful manner, refraining from using profane or vulgar language in a public area while performing work specified herein. 9. Be minimally proficient in English with the ability to receive, give and understand written and verbal instructions. 10. Be able to follow written procedures. 11. Have good customer service skills. 12. Maintain a neat, orderly and well-groomed appearance. 3.3.3 Janitorial Employment Application And Selection Procedures. Contractor shall ensure that all individuals employed by Contractor at District facilities have been thoroughly interviewed and investigated. Contractor shall perform a complete background check on all persons hired to perform work under the contract, including, but not limited to the contract manager, Janitorial supervisor and Janitorial staff members. The background check and application for employment must comply with Equal Employment Opportunity Commission (EEOC) requirements and include the following aspects/information: 1. Copies of birth certificate, social security card, alien registration (green card) and military record. 2. Confidential lifetime medical history questionnaire. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 24 of 54
  • 25. 3. Education history from elementary school to latest educational experience, including copies of high school diploma or GED and college transcripts and/or diploma. 4. Verification of licenses and certifications. 5. Employment history from age eighteen (18), including a notarized statement for any employment gaps of one (1) month or more. Employment history shall be investigated and verified by Contractor. 6. Moo v h l rp rs ac fr ls tsi w i a pc n rs e a dh l adi r tr e ie e ot e rh o a t e n h h p la te i d n e c la c i d d r e’ v s license. 7. Drug and alcohol testing for all applicants; ten-panel preferred. Contractor shall maintain a personnel file for each employee. The file shall contain the above information in addition to copies of all licenses and certifications. The personnel file shall be made accessible and delee t teDs i’ Po c Ma a eswti te t i rd o h ir t rj t n g r i n w ny v tcs e h -four (24) hours of his/her request. In addition, prior to the assignment of a staff member, the Contractor shall s b tt te Ds i’ Po c Ma a es a c rfai atsn t te fll nt of all u mi o h ir t rj t n g r, tcs e etc t n t t g o h u i i o i ei fme l requirements noted above. 3.4 DESCRIPTION OF SERVICES T eo j teo ti c nrc i t po i fru s ri ma tn n eo teDs i’ fci s h b cv fh o t ts o rv e o fl ev e i e a c fh ir t a ii . ei s a d l c n tcs le t The successful contractor shall provide all labor, some consumable materials, supervision, tools, equipment, transportation and all effort necessary to perform said services. Contract is expected to begin on or about June 30, 2008. Facilities to be maintained include the following. The District reserves the right to add or delete locations as necessary: 1. Headquarters Office Building - Martinez 2. Plant Operations Building –Martinez 3. Laboratory - Martinez 4. Household Hazardous Waste Facility - Martinez 5. Collection Systems Operations Headquarters –Walnut Creek Building/site plan documents, detailed scope of work and hours of operations are included as Attachments to the RFP. 3.5 CONTRACTOR REQUIREMENTS In the performance of the contract, Contractor shall: 1. Provide the names of all Janitorial staff members assigned under the contract and the names of any replacements as soon as changes occur. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 25 of 54
  • 26. 2. Provide the results of any background checks for Janitorial staff members when rq e tdt d s b teDs i’Po c Ma a e. e u s o o o y h ir t rj t n g r e tcs e 3. Be responsible to ensure that Janitorial staff members are on time and performing their duties as scheduled. 4. Ensure that each new Janitorial staff member assigned under the contract receives the Ds i’s ft oi tt na dh s h ip oo ir t aey r nai n a te h t-identification prepared. tcs e o r 5. Keep itself fully informed of, and shall observe and comply with, all laws, ordinances and regulations which in any manner affect those engaged or employed on any work, or in any way affect the performance of any work, and of all orders and decrees of agencies having any jurisdiction or authority over work performed under the contract. 3.5.1 Standards Of Work. Contractor shall perform services in a manner commensurate with the highest professional standards and best industry practices, using qualified and experienced personnel. Contractor shall give his personal attention to the fulfillment of the contract and keep work under his control. Subcontractors will not be allowed. Contractor shall ensure that all employees wear photo-identification badges, to make clear to all observers that they are employed by the Contractor. Only those thoroughly familiar with the requirements of the contract will be employed on the Ds i’se . n Janitorial staff member or Janitorial supervisor employed on the work by the ir t i s A y tcs t contractor, who shall perform his work in a manner contrary to the requirements or safety directives contained herein, shall be discharged immediately, and such persons shall not again be employed on the work. 3.5.2 Start-Up. Contractor shall deploy all Janitorial staff to the District no later than the date a re u o b C nrc r n teDs i’Po c Ma a e i tep s ge d p n y o t t a d h ir t rj t n g rn h o t ao tcs e -award meeting. 3.5.3 Photo-Identification. Contractor shall issue photo identification cards to all Janitorial staff members and ensure that each individual carries it when on duty. Each card shall contain () p ooi et fh i id a ()n id asfl a ()d nii n mb r u ha s c l 1 a h t n ro te n v u l2 i v u l u n me 3 i t n u e s c s o i s di di ’ l e f g y a s c ry r mp y en mb r4 i id as i aue e ui o e l e u e ()n v u l s n tr. t o di ’ g 3.5.4 Replacement Of Individuals. T eDs i’ Po ct Managers will have final approval h ir t rj tcs e as to which janitorial personnel may be assigned under the contract. The District reserves the right to request the replacement of any Janitorial staff member or Janitorial supervisor within one (1) day. 3.5.5 Contract Non-Compliance. The District will not tolerate repetitive violations and non- c mpa c wt tes e i ai s tr a dc n i n o tec nrc T eDs i’ Po c o ln e i h p ci t n ,ems n o d i s fh o t t h ir t rj t i h f o c to a. tcs e Manager will identify any violation, infraction or omission of the requirements of the contract. T eDs i’ Po c Ma a eswl oi teC nrc rnw i go a yv l i s i rco s h ir t rj t n g r in t h o t t i ri f n ia o ,n a t n , tcs e l f y ao t n o tn f i a t o o si s T eC nrc r h lpe aeaw i nrs o s t teDs i’ Po c c r mi o . h o t t s a rp r s sn ao l rt e p n e o h ir t rj t te tcs e Manager within two (2) days of receipt of the letter as to the action taken to prevent the violation or discrepancy from reoccurring. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 26 of 54
  • 27. 3.5.6 Contractor Safety Duties. Contractor shall at all times so conduct his/her work as to insure the protection of persons and property in a manner satisfactory to the District. All work and materials shall be in strict accordance with all applicable federal, state, city and county rules, regulations, and codes, and attention is specifically drawn to the requirements of FED- OSHA and CAL-OSHA. Contractor shallmme i e c a ea ya t r co iteDs i’ i d tl e s n c o a t n fh ir t a y i tcs representative determines that such act or action is unsafe and orders that such act or action cease. C nrc r e l e s wl b rq i d t atn a Ds i S ft O i tt n pi t o t t ’ mp y e i e e u e o t d a os o l r e ir t aey r nai tc e o rr o o commencing work under this contract. All employees that will be assigned to work under this contract shall be required to attend this orientation. Any employee hired after the initial orientation shall be required to attend an orientation prior to beginning work under the contract. Hazardous Conditions. Contractor is hereby informed that work on this Project could be hazardous and physically dangerous to workers. Contractor shall not allow a new employee to begin work without a proper safety orientation. Contractor shall carefully instruct all personnel working in potentially hazardous work areas as to potential dangers, including but limited to, confined spaces, potentially explosive atmospheres, handling of chemicals and possible exposure to pathogens. A majority of the work under the contract will be performed at the Treatment Facility. Contractor is hereby reminded that the conveyance and treatment of raw sewage and its by-products can introduce pathogenic organisms which may cause diseases such as Salmonellosis, Typhoid Fever, Paratyphoid Fever, Bacillary Dysentery, Cholera, Infectious Hepatitis, Polio, Amoebic Dysentery, Giardiasis, Cryptosporidiosis and others. Contractor is advised that the work may take longer and may require special equipment in order to properly conform to safety requirements. The Contractor shall provide personal hygiene, safety and personal protective supplies, equipment and training as are necessary to prevent injury to personnel and damage to property. Hard hats must be worn at all times when performing work in the Treatment Facility. To comply with District Safety and Security standards the Contractor shall supply all employees with communication devices while services are being performed at the C nrco’ e p n e C nrctor shall also provide an onsite point of contact so o t tr x e s . o t a s a information can be dispersed by District employees in case of an emergency. Safety and First Aid Requirements. Successful Contractor shall comply with the provisions of California Code of Regulations Section 1502 & 1512, et. seq. regarding safety and first aid kits on site. Safe Handling of Chemicals. Contractor must comply with all precautions and handling requirements on product label for all chemicals utilized in the work specified herein. Contractor s a, r roa yc e c l s , u mifr p rv l yteDs i’ rpe e tte alt f l h l pi t n h mi u e s b to a po a b h ir t e rs nai , i o a l o a tcs v s l chemicals proposed for use under this contract. All requests for approval submitted to the District shall include the Material Safety Data Sheet (MSDS) applicable to each chemical proposed to be used. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 27 of 54
  • 28. Combustible Materials. Contractor shall not store combustible materials of any kind in any District building and Contractor shall consider contaminated buckets, mops, cloth and brushes as potentially subject to spontaneous heating and shall not store such items in District facilities. Dsr t e iw o C nrco’ S ft P a t e . The services of the District in conducting a itc R ve f o t tr aey rci s i a s c review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near the construction site. All costs in connection with meeting the safety requirements specified herein shall be borne by Contractor. SECTION FOUR PROPOSAL FORMAT/CONTENT/EVALUATION CRITERIA RFP NO. 07-08-18 4.1 PROPOSAL INSTRUCTIONS Proposals are to be organized and submitted in accordance with the instructions in this section. Proposals shall be based solely on the material contained in this Request for Proposal. Offerors shall submit a proposal to the District that shall be a single, all inclusive project submittal in the quantity, and by the submittal date, required in this Request for Proposal. The District discourages overly lengthy and costly proposals. Offerors are encouraged to take care in completely answering questions and meeting proposal requirements and to avoid submitting extraneous materials and information that do not show how the Offeror intends to meet the requirements. In order for the District to evaluate proposals fairly and completely, Offerors should follow the format set forth herein and provide all of the requested information. 4.2 PROPOSAL RESPONSE ITEMS Offerors must respond to the Request for Proposal requirements by restating the number and the text of the requirement in sequence and writing the response immediately after the restated requirement statement. The Request for Proposal is available in electronic format (Microsoft Word) upon reque toteB y r r yd w l d gtepo o a d c me t f m teDs i’ s t h u e o b o n a i h rp s l o u ns r h ir t o n o tcs website at: www.centralsan.org/organization/purchasing/bidopportunities.html Cost proposal responses, including financial statements, are to be bound separately from the oh r at o tepo o a N pin i omai s a a p a i teO frr po o a e c p te p r fh rp s l o r i n r t n h l p e rn h f o’ rp s l xe t s . cg f o l e s in the financial section. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 28 of 54
  • 29. 1. General Proposal Submittal Requirements. The following are general proposal submittal requirements: a. Proposals are to be presented in one (1) tabbed volume as described below. Volume One shall be inclusive of Proposal Response Items 1A through 1L c mpin O frr q afai s e p r n e r o ri s g f o’ u lc t n , x ei c , eferences, proposed project e s i o i e approach and equipment specifications, as well as any supplemental materials. V l T os a b O frr c s po o a o me w h l e f o’ o t rp s l u l e s . b. One (1) original and four (4) copies of the proposal Volume One and one (1) original and one (1) copies of Volume Two are to be provided. c. Po o a aet b pe ae o s n ad8½” 1 ” a e. rp s l r o e rp rd n t d r s a x 1 ppr d. Foldouts containing charts, project drawings, spreadsheets, and oversize exhibits are permissible but not required. e. Respondents must organize their proposal in a binder with sections and tabs. f. Table of Contents/index shall be provided in the front of each bound submittal volume. g. A cover letter signed by a representative of the Offeror authorized to make contractual obligations. All responses, as well as any reference material presented, must be written in English. All amounts shall be in U.S. dollars. 2. Proposal Content And Format Requirements. Proposal responses should be organized into the following sections with tabs corresponding to each section and all sections submitted in an indexed binder. Volume 1 a. Title Page b. Table of Contents c. Cover Letter d. Section 1A –General Information e. Section 1B –Project Summary and Exceptions to the Proposal Requirements f. Section 1C –Overall Solution g. Section 1F –Performance Bond h. Section 1G –References i. Section 1H –Forms j. Section 1I –Conflict of Interest Statement Volume 2 a. Title Page b. Section 2A –Price Proposal Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 29 of 54
  • 30. c. Section 2B –Financial Statements 3. Volume 1 –Proposal Response Items. a. Title Page. Provide a title page labeled Volume 1, showing Offeror name, address, telephone, e-mail, and fax numbers b. Section 1A –General Information. 1. Provide company name, address, phone and facsimile numbers as well as website and e-mail address. Provide a brief summary of your c mp n ’ h tr a irl e t teDs i’ n e ss e i dh ri o a y ioy s t e ts o h ir t e d p ci ee ; s s a tcs fe n identify when it was founded, where it has operated, any mergers and acquisitions and other pertinent information that will provide an indication o y u fm’ o eai s bi.S p l the same information for parent f o ri s p rt g t iy u p r n al t y corporations, if applicable. Provide location/address of the office or branch that will perform the work if different from the main branch. 2. Contract Performance If Offeror has had a contract terminated for default during the past five years, all such incidents must be described. Termination for default is d f e a an tet s pp r r n ed et O frr n n ei d s oi o t ef ma c u o f o’ o -performance n c o o e s or poor performance and the issue was either (a) not litigated; or (b) litigated and such litigation determined Offeror to be in default. Submit full details of all terminations for default experienced by Offeror during the p s fey asi l i teoh r atsn me a de sa dtl h n a ti e r n u n h te p r ’ a , d rs n e p o e v cdg y e number. Present a brief description of the facts surrounding each i i n a d i l e O frr p si o te matr E c d nd t n nu ce cd f o’ o i n n h e s to t . e xl e u garnishments and similar routine matters that do not affect contract performance. The District will evaluate the facts and may, at its sole d cei , e c O frr po o a ithe facts discovered indicate that i rt n rj t f o’ rp s lf s o e e s completion of a contract resulting from this Request for Proposal may be jeopardized by the selection of Offeror. If no such terminations for default have been experienced by Offeror in the last five years, so indicate. The District shall reject any Offeror's proposal if it discovers any contract terminations within the stated period that were not disclosed. If none, s t “ o e. te N n” a 3. Indicate whether or not the Offeror or principals have ever been involved in any kind of bankruptcy proceedings. Give a summary of all proceedings and provide a listing of all significant outstanding claims or judgments. 4. Safety Record Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 30 of 54
  • 31. Provide a history of your safety record for the last four (4) years. Include a listing of all accidents, including vehicle accidents. Provide any information related to citations or warnings received from safety regulatory agencies such as CAL-OSHA and FED-OSHA 5. Account Representative or other selected person to contact for clarification of any item contained in the proposal. Include telephone and fax numbers and email address if different from above. 6. Specify legal status of organization (ex. individual, partnership, corporation) and, if applicable, indicate whether you are a small business, disadvantaged business, minority and/or women-owned business. 7. Certification statement from photocopy equipment manufacturer naming Contractor as an authorized dealer. 8. Provide your Federal Tax ID number. 9. Provide surety information for all sureties – General and Automobile L bi, re’C mp n ai a dP r r n eB n . i iy Wok r o e s t n n ef ma c o d al t s o o 10. A copy of any permits and licenses required. c. Section 1B – Project Summary and Exceptions to the Proposal Requirements. 1. Summarize your understanding of the needs of District, the requirements of the project and any special considerations of which District should be aware. 2. Exceptions to the requirements of the RFP should be clearly delineated in tis co u d rh h a i “xe t n t teS e i ai s. co s h e t n n e te e d g E c pi s o h p ci t n ”A rs- s i n o f o c reference to each RFP requirement shall be made. Note: District reserves the right to reject any proposal containing such deviations or to require modifications before acceptance. 3. In addition, you are invited to include a maximum of four (4) pages of information that has not specifically been requested in this RFP, if you feel it may be useful and applicable to this project. 4. The information in this section will aid District in the refinement of the scope of work during contract negotiations. d. Section 1C –Overall Solution. Provide a comprehensive solution for the following: 1. Janitorial Services  Manpower  Hours of execution Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 31 of 54
  • 32. e. Section 1F –Performance Bond. The respondent shall enclose a letter of commitment from a bonding company for the performance bond with proposal. The bond shall be obtained within thirty (30) days of the award of contract. The bond value is to be 10% of the first y a’a n a c nrc v l .Ie o a l l tr o ce i y es b t tdfr e r n u lo t t a e r v c b e es f rd ma b u st e o s a u r e t t iu the required bond at the discretion of the Purchasing and Materials Manager. f. Section 1G –References. Provide five references for account similar in size. For each reference indicate: 1. Account name 2. Location, including mailing address 3. Contact person and title (currently employed by the company) 4. Telephone and fax numbers, email and website address 5. Description of contract, number of copiers for account 6. Years this account has been serviced Note: References will be contacted and any negative responses received from the references may disqualify your proposal from further consideration. A d i ay s o l te Ds i b u a l t v ry O frr d i n l, h u t l o d h ir t e n b tc e o ei f f o’ e s qualification/experience from said references, your proposal may be disqualified from further evaluation. g. Section 1H –Forms. 1. Offeror Certification Regarding Debarment 2. Wok r C mp n ai Is rn eC rfae re’ o e s t n n ua c etc t s o ii 3. Equal Employment Opportunity Certificate 4. Confidentiality Agreement 5. Statement of OSHA requirements h. Section 1I –Conflict of Interest Statement. Disclose any financial, business or other relationship with District or any member of District staff that may have an impact on the outcome of the project. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 32 of 54
  • 33. 4. Volume 2 - Proposal Response Items. a. V l 2s a b mak dwt tep rs “ o f e t l r i Ifr t n. o me h l e re i h ha e C ni ni Pin nomai ” u l h d a cg o b. Title page Provide a title page labeled Volume 2, showing Offeror name, address, telephone, e-mail, and fax numbers. c. Section 2A –Cost Proposal Form The cost proposal shall be prepared using the format shown in Form 1. d. Section 2B –Audited Financial Statements 1. Provide audited financial statements for the past two (2) years (Submit one copy for each of the two most recently-audited years). Financial statements must have been completed by a Certified Public Accountant and shall be prepared in conformity with generally accepted accounting principles (GAAP). If the Offeror is a partnership or joint venture, individual financial statements must be submitted for each general partner or joint venture thereof. If Offeror is not a publicly held corporation, it may comply with the requirements of this section by providing the following information:  Provide a banking reference.  Provide a credit rating and name the rating service.  Disclose any and all judgments, pending or expected litigation, or other real or potential financial reversals that might materially affect the viability or stability of the firm, or alternately, warrant that no such condition is known to exist. 4.3 EVALUATION PROCESS 4.3.1 Tier 1 - Administrative Screening. All proposals will be reviewed to determine if they are responsive and meet the administrative and minimum requirements as specified in the Request for Proposal. Only those proposals meeting the requirements will be further evaluated using the criteria set out in this section. However, the District reserves the right to request additional information from any or all Offerors in order to complete the evaluation. 4.3.2 Tier 2 - Proposal Evaluation Criteria And Points. Proposals that pass administrative screening will be evaluated and scored based on responses to the requirements in the Request for Proposal. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 33 of 54
  • 34. T eDs i s a rv w e c O frr po o a fr o l e e s c nomi t teDs i’ h ir t h l e i a h f o’ rp s lo c mp tn s, o fr t o h ir t tc l e e s e y tcs requirements and to ascertain Offeror experience, qualifications, and financial stability. Upon completing the e a ai o teO frr’ rtnrs o s st teR q e to Po o a to e v l t n fh f os w i u o e t e p n e o h e u s fr rp s l h s e , O frr’ u min te h h s rtd po o a ma b i i d t me t i te Ds i t f os s b t g h i e t ae rp s l e ti g s y e n t o e wt h ir t o ve h tc discuss their project approach. The District reserves the sole right to determine which Offerors wl es l tdt me t i teDs i. T ei ev w ma i l ea e a ai o O frr ib e c l e e o e wt h ir t h n ri h tc t e yn uc d n v l t n f f o’ u o e s responses to hypothetical scenarios presented by the District as well as a presentation by Offeror and a question/answer period. Proposals will be evaluated against the criteria set out below in this section. The same criteria will be applied to all proposals. The criteria listed below provide a general guideline to denote teDs i’ pi i sa rl e t tepo c d sr e h ri The District reserves the right h ir t r ri s e td o h rj t e ci d ee . tcs o t e a e b n to amend the selection criteria and values assigned to the criteria when deemed to be in the best interest of the District. 1. Selection of the successful proposal shall be generally based on the information provided by the Contractor in response to the RFP and any subsequent interviews and equipment demonstrations that District may opt to be conducted. Contractor interviews will be held solely at the option and discretion of District. The process for selection shall occur in the following sequence: a. Review proposals to identify the responsive, qualified respondents b. Establish a list of responsive, qualified respondents c. Interview these respondants, if District desires d. Identify qualified Contractor that represents most effective solution e. Recommend Award to District Board Award of contract will not be based solely on price. Award of contract shall be made to the responsive, responsible offeror meeting the specifications and requirements of the RFP and having the lowest proposal and satisfactory qualifications and performance record. The following criteria will be used in this determination: A. Merit of proposal thoroughness. B. Knowledge and expertise C. Past experience. D. Merit of proposal/presentation E. Pricing F. Financial Stability Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 34 of 54
  • 35. 2. A project Selection Committee will be formed to evaluate the proposals and to make recommendation to District management. a. The committee will review the proposals for responsiveness to RFP and meeting minimum requirements in order to develop a list of responsive, qualified respondents. b. District does not guarantee that an interview will take place, thus reserving the right to select a Contractor based solely on the information provided in the proposals received in response to the RFP and, if requested, the equipment/software demonstrations. Should an interview take place, the key Contractor personnel responsible for fulfilling the requirements of the project shall be required to be present for the interview. c. The Committee will address the following criteria in evaluation of proposals in order to gauge the ability of a Contractor to perform the contract as specified. The same general criteria will be used to judge both the proposal and the presentation, should District choose to conduct interviews with the qualified offeror. Criteria As Demonstrated By Weight Merit of proposal/presentation Proposal thoroughness 5 and approach Knowledge and expertise Capability of personnel, firm qualifications and 25 experience; adequacy of staff to perform work Overall strategy in providing O frr u d rtn i o f o’ n es d g f e s a n required services the needs of District; 15 exceptions taken Record of past performance References 25 Financial stability, Financial Statements, 30 Pricing Best Value d. Prior to the award of contract, District must be assured that the offeror selected has all of the resources required to successfully perform under the contract. This includes, but is not limited to, personnel with the skills required, and equipment/materials and financial resources sufficient to provide services called for under this contract. If, during the evaluation process, District is unable to a s r ie o teO frr a iyt p r r u d rtec nrc ia ad d sue t l f h f o’ bi o ef m n e h o t t f w re , sf e s l t o a, District has the option of requesting from the Offeror any information that District d e n c sayt d tr n teO frr c p bi s Is c i omai i e ms e e s r o eemi h f o’ a a ii . f u h n r t n s e e s le t f o required, the Offeror will be notified and will have seven (7) working days to submit the requested information. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 35 of 54
  • 36. Successful Offeror shall be required to submit a Strategic Work Plan which should include a schedule of tasks for janitorial services and a quality insurance plan. 4.4 AWARD OF CONTRACT Time is of the essence of this contract. The successful offeror shall execute the contract, including but not limited to signing all necessary documents and submitting all required bonds and evidences of insurance, within ten (5) days after the notice of award. One copy of the contract will be returned to the Contractor after the District executes the contract. In case of failure of the Contractor to execute and return the contract and all required documents within the time allowed, the District may, at its option, consider that the offeror has abandoned the contract, in which case the bid security shall be forfeited by the offeror and become the property of the District. After the contract has been executed, including the insurance documents, certificates, a Notice to Proceed will be issued. . Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 36 of 54
  • 37. Attachments RFP NO. 07-08-18 1. CCCSD Martinez facility detailed scope of work 2. CCCSD Martinez locations with hours of operations 3. CCCSD Walnut Creek facility detailed scope of work 4. CCCSD Walnut Creek locations with hours of operations Forms 1. Cost Proposal Form 2. Offeror Certification Regarding Debarment 3. Wok r’ o e s t nC rfae resC mp n ai etc t o ii 4. Confidentiality Agreement 5. Statement of OSHA Compliance 6. Contract Terms Acceptance Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 38. ATTACHMENT 1 CCCSD MARTINEZ FACILITY DETAILED JANITORIAL SCOPE OF WORK OFFICE AREAS/ENTRY AREAS/HALLWAYS-CORRIDORS Areas include: Offices, conference rooms, partitioned office areas, lobby/reception area, copy machine areas, hallways, corridors, breezeways, permit counter area DAILY:  Wipe clean of all marks, fingerprints, and spider webs, entrance doors (entire surface, both sides), door jambs and all surrounding glass (main entrance)  All carpet vacuumed. Spot cleaned (as needed)  Tile/hard floor surfaces dust mopped and wet mopped  Entryway mats vacuumed.  All wastebaskets and any other trash receptacles emptied and liners replaced as needed  Spot clean walls particularly around light switches, elevator fronts and corridors  Dust desk, chairs, office furniture, and partition tops  Properly arrange furniture in offices  Clean and polish all drinking fountains  Fill paper towel & soap dispensers WEEKLY: High/low dusting: Mini-blinds, window sills, picture frames, plaques, plants, cabinets, bookshelves, file cabinets Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 39. Additional cleaning: File cabinet handles/drawers (finger prints) All upholstery (chairs, sofas, desk chairs, pillows) corners hand brushed and vacuumed. All stairways swept and railings wiped clean. Telephones disinfected, vacuum bags replaced, and janitorial rooms detailed MONTHLY:  Clean windows, cobwebs (all high, low and horizontal corners, light fixtures, ductwork Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 40. KITCHEN / LUNCHROOM DAILY:  All tables, chairs countertops and sinks sanitized, cleaned and dried. All chrome fixtures polished and all handles wiped clean (drawers, doors)  Microwave ovens cleaned inside and out  Empty waste cans and replace liners. Empty recycling containers and replace clear liners: (office paper, aluminum, glass and cardboard) and place in appropriate recycling receptacles outside (unless otherwise noted)  Dust mop floors, wet mop floors (disinfectant) and rearrange chairs WEEKLY:  Clean windows, dust blinds and window sills, wipe down including and from top to bottom all vending machines  Refrigerators wiped down including and from top to bottom, rubber gaskets inside door also wiped down MONTHLY:  Refrigerators pulled away from wall and floor dust mopped and wet mopped  Wash down entire surfaces of cabinets (upper and lower)  Spot clean walls Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 41. RESTROOMS DAILY:  Clean and sanitize door push plates/handles and clean entire door (both sides)  Clean all mirrors and light fixtures (decorative and protective metals)  Toilets: Flush, clean base and rim, apply disinfectant and using bowl brush, begin under rim, around water outlet holes. Down through and under bowl trap (entire inner bowl surface including beneath water line)  Clean and dry seat (both sides) clean and dry bowl fixture  Urinals (same as toilets)  Clean sinks, countertops, and fixtures and polish fixtures  Clean, refill, and restock sanitary napkins, soap, paper towels, seat covers, and toilet tissue dispensers and fixtures  Empty waste receptacles replace liners, clean, sanitize, and polish  Wash partitions walls from top to bottom (including top of partition)  Sweep, dust mop, and wet mop (with disinfectant) floors MONTHLY:  Dust and clean door jambs  All walls spot cleaned (tiled and painted surfaces) Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 42. LOCKER ROOMS/ SHOWER AREAS DAILY:  Floors swept/mopped (disinfect)  Empty waste receptacles replace liners, clean, sanitize, and polish WEEKLY:  Clean and sanitize all walls and floor inside shower itself  Clean and sanitize and dry shower doors, handles, and fixtures  Clean and sanitize any and all benches  Clean and disinfect any rubber mats, sweep, and wet mop (disinfectant)  Any flooring beneath rubber mats and all other floor surfaces  Clean and refill soap and shampoo dispensers  Ce nao n a db h dw s e a ddy rnMe ’a dWo n P DL ce la ru d n e i a h r n re i n n n s me ’ O o k r s Room MONTHLY:  All walls spot cleaned (tiled and painted)  Clean and sanitize locker fronts (built-ins), sides and tops Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 43. BOARD ROOM / CAUCUS ROOM EVERY OTHER WEDNESDAY BEFORE BOARD MEETING (PER CALENDAR):  Entrance doors, door jambs, and surrounding glass cleaned of all marks, fingerprints, and spider webs (both sides of doors)  Carpets vacuumed. Spot clean (as needed)  Spot clean walls particularly around light switches  Dust and clean counters, desktops, podium, and glass-top table (caucus room)  Wastebaskets emptied and liners replaced  Clean and polish sink and fixtures  Dust blinds, clean window sills and clean (de-web) all high, low, and horizontal corners and light fixtures  Maintain proper placement of chairs when complete Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 44. SPECIAL AREAS OF CLEANING/ SPECIAL DUTIES MIS Room 1) Empty garbage two times a week 2) Vacuum and dust once a week Control Room in POD/ Operator area /Supervisor Operator office 1) Empty garbage daily 2) Mop and Sweep daily 3) Vacuum and dust (in office) weekly Stairwells 1) Sweep weekly 2) Mop monthly Elevator (HOB) 1) Sweep and Damp mop daily Recycling 1) Daily collect glass, plastic, aluminum, paper, tin, newspaper recyclable materials from seven plant locations using clear plastic bags for paper. Dump recyclable material in appropriate totes or dumpster outside in back of HOB building. Black totes in back of HOB are for glass, plastic, aluminum, and tin recyclables. *Do not dump plastic bags in the black totes just dump recyclable materials. White dumpster is for all paper products including newspaper. 2) Daily collect and dump paper recyclables from HOB and POD cubicles and copy centers per quote dated September 15, 2006 ($449.00 per month) Dump recyclable paper in appropriate bin outside in back of HOB building. *Do not combine wet trash and recyclable products when collecting paper in offices. White dumpster in back of HOB is for all paper products including newspaper. 3) Clear bags need to be used when collecting recycled paper products 4) Daily collect boxes from HOB copy room areas; break boxes down and stage in Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 45. Garden Level garage. 5) Daily collect boxes from POD areas: a) Under mail slots in front of pool b) Corridor facing HOB; back entrance to POD Break boxes down and stage in Garden Level garage 6) Daily collect boxes at recycle areas at the MRC and Solids Building. Break boxes down and stage in Garden Level garage 7) Twice a week dump cardboard boxes in yellow dumpster specifically for cardboard boxes in front of Lab. Hard Floor Maintenance Scrub and Seal, six times per year the below hard surface areas. HOB 2 Break rooms; Scrub and Wax 4 times per year Basement lobby tile; Scrub and Wax 4 times per year 8 restrooms and locker room; Scrub and rinse only 4 times per year First floor main lobby and breezeway; Scrub and Seal 4 times per year POD Pool area, MRC hallway, locker room, 4 times per year hallway, stairs, and landing tile; Scrub and Seal 1 kitchen; Scrub and Wax 4 times per year 2 Restrooms/locker rooms; Scrub only 4 times per year 4 Restrooms; scrub only 4 times per year Solids Restroom/ Locker Room; Scrub only 4 times per year 1 Restroom; Scrub only 4 times per year Kitchen; Scrub and Wax 4 times per year Warehouse 2 Restrooms; Scrub only 4 times per year MRC Locker Rooms and Restrooms; Scrub only 4 times per year Entryway, hallway, lunch rooms; Scrub 4 times per year and Wax LAB 2 Restrooms; Scrub only 4 times per year HHW Kitchen, hallway; Scrub and Wax 4 times per year Restroom; Scrub and Wax 4 times per year Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 46. ATTACHMENT 2 SERVICE LOCATIONS SERVICE CONTACT PERSON SITE/ADDRESS LOCATION INTERVAL PHONE NUMBER Treatment Facility & Headquarters 5019, 4737, 4797 Imhoff Place, 5pm-5am Rick Ginn Martinez M-F 925-229-7218 Restrooms Locker Room Showers Locker Room Floor Offices/Entry 5pm-5am Rick Ginn Annex M-F 925-229-7218 5pm-5am Rick Ginn Mechanical Maintenance Restroom M-F 925-229-7218 Office Area 5pm-5am Rick Ginn MSB Kitchen Area M-F 925-229-7218 Lunchroom Locker Room/Restroom (2) Library Floor Restroom 5pm-5am Rick Ginn MRC Entry/Hallways M-F 925-229-7218 Restrooms Lunchrooms Offices/Entry 5pm-5am Rick Ginn HHW Restrooms M-F 925-229-7218 Offices/Entry Restrooms Break Rooms Lunch Room/ Shower Room Conference Rooms Breezeway Stairways Elevators Copy Rooms Secretary/Security Area in 5pm-5am Rick Ginn HOB Lobby M-F 925-229-7218 Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 47. Restrooms Locker Room Showers Locker Room Floor Lunchroom 5pm-5am Rick Ginn Solids Building Break Room M-F 925-229-7218 Offices/Entry Control Room Restrooms Locker Room/Restroom (2) Tile Floor Corridors Tile Floor Pool Area Hallway to Locker Rooms Locker Room Showers Stairs Lunchroom Shift Supervisor Office 5pm-5am Rick Ginn POD MIS Room M-F 925-229-7218 Restrooms Lunchrooms Offices/Entry Corridor 5pm-5am Rick Ginn Laboratory Lab Area M-F 925-229-7218 5pm-5am Rick Ginn Board Room/ Caucus Room Attachment A Bi-weekly 925-229-7218 5pm-5am Restrooms Bi-weekly Rick Ginn Bay 6 and 11 Offices 925-229-7218 ** Bay 6 and 11 need advanced notice for entry ** Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 48. ATTACHMENT 3 CCCSD WALNUT CREEK FACILITY DETAILED JANITORIAL SCOPE OF WORK Restrooms, locker and shower rooms, and mud room(s) Daily:  Clean restroom fixtures, countertops, toilet bowls, urinals and basins, mirrors, decorative and protective metals, including undersides and tops of toilet seats.  Disinfect toilet seats top and bottom, sinks and faucets.  Sweep and damp-mop floors, using disinfectant.  Shake out floor mats.  Clean, refill and restock soap, shampoo, paper towel, toilet tissue, toilet seat cover, sanitary napkin and deodorant dispensers and fixtures  Spot-clean and dust walls, partitions, splash plates, windowsills and related structures.  Polish chrome.  Clean and sanitize shower room walls, ceilings and floors, including under rubber mats.  Clean rubber mates with disinfectant.  Clean entranc d o’p s p ts n s n i . e o r uh le a d a i e s a tz  Empty waste and sanitary containers and remove waste to yard bin.  Compact waste cardboard and store behind outside trash bin.  Clean mirrors. Weekly:  Sanitize and polish waste and sanitary containers; replace liners (more often if necessary).  Scrub toilet room floors and disinfect.  Sanitize, disinfect and deodorize toilet bowls and tanks, and urinals.  Wash surfaces such as walls, partitions, and mop boards around urinals and toilets.  Dust doorjambs and door tops and perform dusting of high areas such as locker tops.  Wipe down with cleaner and disinfectant the fronts and tops of lockers.  Clean remaining baseboards and door kick plates. Monthly:  Clean and spray-buff floors.  Wipe ventilation duct surfaces Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 49. Kitchens, lunchrooms, and coffee counters Daily:  Clean, disinfect, and polish sinks and countertops.  Wipe down tables and chairs.  Empty, clean, and sanitize waste containers, replace liners and remove waste to yard bin.  Clean and refill soap and towel dispensers.  Clean microwave interior.  Compact Waste cardboard and place in outside trash bin  Sweep and damp-mop floors with disinfectant/cleaner. Weekly:  Clean and polish appliance exteriors, including refrigerator, microwave, coffeemaker and vending machines. Monthly:  Ce nrfg rtr i ei s r c s l a er eao’ n r r uf e . i s to a  Clean and spray buff floors. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 50. Office areas and meeting rooms Daily:  Sweep tile and resilient floors with chemically treated dust mop and damp mop as necessary, including interior stairways.  Dust desks, chairs, files and other office furniture.  Empty and replace liners in wastebaskets and remove waste to trash bin.  Vacuum all carpeted areas.  Clean, sanitize, and polish drinking fountains.  Clean glass on entry doors.  Spot-clean metal on entry doors.  Spot-clean woodwork, walls, doors, switches, partitions, doorframes, doorknobs, counter tops, and chair mats.  Shake out floor mats.  Spot-clean glass doors, door glass, and partition glass.  Spot-clean all upholstered furniture and carpets.  Clean janitorial closets and keep supplies stocked and orderly.  Dump mop bucket water into drains in janitor closets or out in vehicle wash rack drain. *Under no circumstances is any water or chemicals to be discharged to parking lot surface areas Weekly:  Perform high dusting (door sashes, tops of partitions, high cabinets, artwork and picture frames, overhead lighting fixtures, ventilation ducts, etc.).  Clean and polish office equipment and wooden furniture.  Damp-mop floors.  Vacuum upholstered furniture.  Clean picture glass and stair railings.  Dust ledges, windowsills, exposed shelving and baseboards.  Vacuum carpet edges and corners.  Clean entrance mats or grates.  Clean and sanitize telephones.  Clean baseboards. Monthly:  Clean and spray buff tile and resilient floors.  Clean chair mats.  Clean glass doors and door glass. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 51.  Thoroughly dust and clean all window blinds. Training room (Note: This room shall be cleaned every Monday) Weekly:  Dust podium, chairs, and tables.  Empty and replace liners in wastebaskets and carry trash to trash bin.  Vacuum all carpeted areas.  Spot-clean upholstered furniture and carpets.  Spot-clean woodwork, walls, doors, switch plates, and door frames.  Dust ledges, windowsills, exposed shelving and baseboards. Monthly:  Perform high dusting.  Vacuum upholstered furniture.  Clean baseboards.  Thoroughly dust and clean window blinds or draperies. Storage rooms, utility spaces, computer room Weekly:  Dusting, including high dusting, of all surfaces with feather duster only.  Sweep and damp mop resilient flooring.  Vacuum carpeted areas taking care to avoid any machinery.  Clean glass in doors and windows. Exclusions The Vehicle and Equipment shop area of 1260 Springbrook Road shall not be maintained under this contract. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 52. ATTACHMENT 4 SERVICE LOCATIONS SERVICE SITE/ADDRESS LOCATIONS INTERVAL CONTACT Office, Restrooms, Lunchroom, Utility Room, Workout Room, Training Collection Systems Operations Rooms Conference Room, 4pm-5am Don Rhoads 1250 Sprngbrook, Walnut Creek Hallways M-F 925-229-7157 Offices, Break Room, Locker 4pm-5am Don Rhoads 1260 Springbrook, Walnut Creek Room, Storage Rooms M-F 925-229-7157 4pm-5am Don Rhoads 1268 Springbrook, Walnut Creek Offices, Kitchen, Restroom M-F 925-229-7157 Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 53. FORM 1 Name of Firm, or Corporation _________________________________________________________ Date:_______ Sg aueo O frr A toi dR pe e tte i tr f f o’ uh r e e rs nai n e s z v COST PROPOSAL FORM TO BE EXECUTED BY OFFEROR AND SUBMITTED WITH PROPOSAL TO: CENTRAL CONTRA COSTA SANITARY DISTRICT RFP NO. 07-08-18 –Janitorial Services Location Price Multiplier Annual Walnut Creek $ per X 12 months = $ month $ per X 12 months = $ Treatment Facility & month Headquarters $ Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 54. FORM 2 OFFEROR CERTIFICATION REGARDING DEBARMENT TO BE EXECUTED BY OFFEROR AND SUBMITTED WITH PROPOSAL TO: CENTRAL CONTRA COSTA SANITARY DISTRICT RFP NO. 07-08-18 –Janitorial Services In accordance with Public Contract Code Section 10162, the Offeror hereby completes, under penalty of perjury, the following questionnaire: Has the Offeror, or any office of the Offeror, or any employee who has a proprietary interest in the Offeror, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes______ No______ If the answer is yes, explain the circumstances in the following space: Offeror hereby certifies the following under penalty of perjury: Has the Offeror, or any office of the Offeror, or any employee who has a proprietary interest in the Offeror, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes______ No______ If the answer is yes, explain the circumstances in the following space: _____________________________________________________________ Name of Firm, or Corporation ___________________________________________________________________ Sg aueo O frr A toi dR pe e tte i tr f f o’ uh r e e rs nai n e s z v ___________________________________________________________________ Name & Title of Authorized Representative ___________________________________________________________________ Date of Signing Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 55. FORM 3 WORKERS’ OMPENSATION INSURANCE CERTIFICATE C TO BE EXECUTED BY OFFEROR AND SUBMITTED WITH PROPOSAL TO: CENTRAL CONTRA COSTA SANITARY DISTRICT RFP NO. 07-08-18 –Janitorial Services I am aware of the provisions of Section 3700 of the Labor Code that requires every e ly r ob is rda an tiblyfr ok r’ o e s t no t u d r k s l mpo e t e n ue g is l it o w res c mp n ai r o n et e ef- a i o a insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract. _____________________________________________________________ Name of Firm, or Corporation ___________________________________________________________________ Sg aueo O frr A toi dR pe e tte i tr f f o’ uh r e e rs nai n e s z v ___________________________________________________________________ Name & Title of Authorized Representative ___________________________________________________________________ Date of Signing Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 56. FORM 4 CONFIDENTIALITY AGREEMENT TO BE EXECUTED BY OFFEROR AND SUBMITTED WITH PROPOSAL TO: CENTRAL CONTRA COSTA SANITARY DISTRICT RFP NO. 07-08-18 –Janitorial Services The undersigned, a duly authorized officer of ____________________________ does hereby represent, warrant and agree to the following statement: “li n i, ttta p ro a tc n a o oh rnomai rl i t teDs i’ Aln c l aii l es n l e h i l r te i r t n e t g o h ir t f a a s sc , , c f o an tcs operation which are designated confidential by the District and made available to the undersigned shall be protected by the undersigned from unauthorized use and d c s r” i l ue so _____________________________________________________________ Name of Firm, or Corporation ___________________________________________________________________ Sg aueo O frr A toi dR pe e tte i tr f f o’ uh r e e rs nai n e s z v ___________________________________________________________________ Name & Title of Authorized Representative ___________________________________________________________________ Date of Signing Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 57. FORM 5 STATEMENT OF OSHA COMPLIANCE To Be Executed By Offeror And Submitted With Proposal TO: CENTRAL CONTRA COSTA SANITARY DISTRICT RFP No. 07-08-18 Annual Contract for Janitorial Services C n at ’ eu m n cm ls na r pc t t O cpt nl a t adH ahA t f ot c r qi et o p e i l e et o h cuaoa Sf y n el c o r os p i l s s e i e t 1970 and all revisions thereto _____________________________________________________________ Name of Offeror (Person, Firm, or Corporation) ___________________________________________________________________ Signature of Offeror's Authorized Representative ___________________________________________________________________ Name & Title of Authorized Representative ___________________________________________________________________ Date of Signing Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 58. FORM 6 FAX: (925) 825-1437 CHARLES W. BATTS General Manager KENTON L. ALM Counsel for the District (510) 808-2000 ELAINE R. BOEHME Secretary of the District CONTRACT NO. XXX WITH XXXXXXXXXXXX FOR XXXXXXX SERVICES This Contract is entered into as of the day of , 2006, btenX X X X X X X hr nf r ae “ ot c r adt C n a C n aC s e e X X X X X X e i t cld C n at ” n h et l ot ot w e ae l r o e r r a Sanitary District, he i f r ae “ ir t T e ot c r n t Dsi,ncni r i r n t cld Dsi” h C n at ad h ir ti os e t n e ae l tc . r o e tc d ao of the mutual covenants, promises and agreements herein contained, agree as follows: SCOPE OF WORK: CONTRACT DOCUMENTS: The Contract Documents consist of this signed Contract, including the General and Special Conditions, including Exhibit A –Request for Proposal, Exhibit B –Contractors proposal and Exhibit C –Pricing Data, all of which are incorporated herein by reference. Where the terms of this Contract and Exhibits A and B are at variance, the provisions of this Contract shall prevail. Where the terms of this contract and Exhibits A and B are at variance, the provisions of this Contract shall prevail. SAFETY REQUIREMENTS: Contractor shall comply with all local, State and Federal safety regulations, as well as those requested by the District in writing. At no time shall District safety requests conflict with local, State and Federal regulations. COMPENSATION: The District will pay Contractor compensation in accordance with the prices set forth in Exhibit C, Pricing Data, and with the payment provisions of this Contract. AUTHORIZATION: Both the District and Contractor do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute contracts for that party. In witness whereof, the District and Contractor have executed this Contract on the date first above written. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 59. CONTRACTOR Contractor License Information State License Number (PPO) By: Name Printed: Title: Date: Taxpayer I.D.: CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 Imhoff Place Martinez, CA 94553 925-228-9500 By: James M. Warrington Purchasing and Materials Manager Date: Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 60. GENERAL CONDITIONS CONTRACT NO. XXX 1. DEFINITIONS: The following terms shall be given the meaning shown, unless context requires otherwise or a unique meaning is otherwise specified. a“) Business Entity” en ay ni da bs espr e m as n i v ul ui s a nrship, joint venture, corporation, S-corporation, limited liability corporation, limited di , n , t liability partnership, sole proprietorship, joint stock company, consortium or other private legal entity recognized by statute. b“ ) Buyer” en t Dsi’at m ash ir t u orized Contracting official. e tc s h c) “ o t c means this purchase order, Contract or agreement, by whatever name known or in whatever format used. C nr t a” d) “ o t c r means the business entity with whom the District enters into a Contract. Contractor shall b snnm u wt “up e , C nr t ” ao e yoy os i splr h i” “edr o o es ire . vno” r t ri l t m h ma r e) “ ir t means the Central Contra Costa Sanitary District, its employees and authorized representatives. Ds i ” tc 2. COMPLETE INTEGRATION: This Contract, including any documents incorporated herein by express reference, is intended to be a complete integration and there are no prior or contemporaneous different or additional agreements pertaining to the subject matter of the Contract. All parts of the Contract are intended to be correlative and complementary, and any work required by one part and not mentioned in another part shall be performed to the same extent and purpose as though required by all parts. The parties shall not be bound by, or be liable for, any statement, representation, promise, inducement, or understanding of any kind or nature not set forth herein. 3. ORDER OF PRECEDENCE: In the event of any inconsistency between the articles, attachments, specifications or provisions which constitute this Contract, the following order of precedence shall apply: a) Contract form, i.e., Purchase Order, Agreement, etc., including the General and Special Conditions, and any amendments thereto; b) Specifications/Technical Specifications/Scope of Work; and c) All other attachments incorporated herein by reference. The specifications/technical specifications/scope of work shall prevail over any subsidiary documents referenced therein. 4 C N R C O ’ P WE A D A T O I Y The Contractor warrants that it has full power and authority to grant the rights herein . O T A T RS O R N U H R T : granted and will hold the District harmless from and against any loss, cost, liability, and expense (including reasonable attorney fees) arising out of any breach of this warranty. Further, Contractor affirms that it will not enter into any arrangement with any third party, which might abridge any rights of the District under this Contract. 5. CONTRACT MODIFICATION: a) No changes, amendments, or modifications of any of the terms or conditions of the Contract shall be valid unless reduced to writing and signed by both parties. No oral understanding or agreement not incorporated in the Contract is binding on any of the parties. b) The District reserves the right to engage another contractor to perform the work if such engagement isn h Dsi’bsi e s i t ir t etn r t e tc s te . 6. QUESTIONS: If Contractor discovers any errors, omissions, discrepancies, or conflicts in the Contract, it shall immediately so inform the District in writing. The District will promptly respond to such matters and so inform Contractor. Any work which is performed by Contractor subsequent to and affected by such discoveries prior to response from the District shall be at Contractor's risk. 7. SEVERABILITY: The Contractor and the District agree that if any provision of this Contract is found to be illegal or unenforceable, such term or provision shall be deemed stricken and the remainder of the Contract shall remain in full force and effect. Either party having knowledge of such term or provision shall promptly inform the other of the presumed non-applicability of such provision. 8. INDEPENDENT CONTRACTOR: Contractor represents that it is fully experienced and properly qualified to perform the class of work provided for herein, and that it is properly licensed, equipped, organized, and financed to perform such work. Contractor and the agents and employees of Contractor, in the performance of this Contract, shall act in an independent capacity and not as officers or employees or agents of the District. Nothing contained in this Contract, or any subcontract awarded by Contractor, shall create any Contractual relationship between the District and any such subcontractor engaged by the Contractor. 9. AUTHORIZED REPRESENTATIVES: Before starting work, Contractor shall designate a competent, authorized representative acceptable to the District to represent and act for Contractor and shall inform the District in writing of the name and address of such representative together with a clear definition of the scope of his/her authority to represent and act for Contractor and shall specify any and all limitations of such authority. Contractor shall keep District informed of any subsequent changes in the foregoing. All notices, determinations, instructions, and other communications given to the authorized representative by the District shall be binding upon Contractor. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 61. 10. NOTICES: Any written notice to be given to Contractor by the District may be delivered in person to Contractor's authorized representative or mailed to the address last given in writing by Contractor. Notices to District: CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 Imhoff Place Martinez, CA 94553-4392 Administrative Representative: Telephone: Fax: E-Mail: Notices to Contractor: Representative: Telephone: Fax: E-Mail: Local Contact: Telephone: Fax: E-Mail: 11. APPLICABLE LAW: This Contract shall be governed by and shall be interpreted in accordance with the laws of the State of California; venue of any action brought with regard to this Contract shall be in Contra Costa County, Martinez, California. Each and every provision of law and clause required by law to be inserted in the Contract shall be deemed to be inserted herein, and the Contract shall be read and enforced as though they were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Contract shall be physically amended to make such insertion.. If any discrepancy or inconsistency should be discovered between the Contract and any such law, ordinance, regulation, order, or decree, Contractor shall immediately report the same in writing to the District. Contractor shall be responsible for the compliance by subcontractors of all tiers with the above provisions of this article. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Contract. 12. COMPLIANCE WITH STATUTES AND REGULATIONS: Contractor warrants and certifies that in the performance of this Contract, it shall keep itself fully informed of, and shall observe and comply with, all applicable laws, statutes, rules, regulations and orders of the United States and the State of California which in any manner affect those engaged or employed on any work, or the materials used in any work, or in any way affect the performance of any work and decrees of agencies having jurisdiction or authority over the work performed under the Contract. C n at ar so ne n yh Dsi aa sayoscs dm g o lb i b r sn f ot c r v li o t s rv i . ot c rge t i m i t ir tgi tn l ,ot a ae ri it y e o o C n at ’ i ao fh poio r o e d f e tc n s , a ly a r o s o tn i sn 13. ASSIGNMENT: a) This Contract shall not be assignable by the Contractor in whole or in part without the written consent of the District. Any assignment of the performance of this Contract without prior written consent of the District shall be voidable. b T eDsi’ cnet i nt eg e t aypooe as n et h hw u r i et oi nal Contractor or its surety of their ) h ir t osn wl o b i n o n rpsd s gm n w i ol ee h r i tc s l v i c d lv e g responsibilities under the Contract. c) To the extent permitted by law, the District will not unreasonably prohibit Contractor from freely assigning its right to payment, provided that Contractor remains responsible for its obligations hereunder. Any assignment of monies shall be subject to all proper set-offs in favor of the District and to all deductions or retentions provided for in the Contract and particularly all money withheld, whether assigned or not, shall be subject to being used by the District for the completion of the work in the event that Contractor should be in default therein or for the payment of claims or liens. Such assignment will be recognized by the District if written notice thereof is given to the District at least ten (10) calendar days before payment is due. 14. WAIVER OF RIGHTS: a) Any action or inaction by either party or the failure of either party on any occasion, to enforce any right or provision of the Contract, shall not be construed to be a waiver by such party of its rights hereunder and shall not prevent such party from enforcing such provision or right on any future occasion. The rights and remedies of the parties herein are cumulative and are in addition to any other rights or remedies that each party may have at law or in equity. b) None of the provisions of the Contract shall be considered waived by either party unless such waiver is expressly given in writing by that party. No such waiver shall be a waiver of any past or future default, breach, or modification of any of the terms, provisions, conditions, or covenants of the Contract unless expressly set forth in such waiver. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 62. 15. PERMITS AND TAXES: Contractor shall, unless otherwise provided elsewhere in the Contract, at its expense, obtain all permits and licenses and pay all charges, fees taxes, levies, duties, and assessments necessary for, and applicable to the performance of the Contract, and shall give all public notices necessary for the lawful performance of the Contract. Contractor shall indemnify and hold harmless the District from any liability on account of failure to obtain any and all permits and licenses and/or pay any and all such taxes, levies, duties and assessments. 16. INVOICES: Unless otherwise specified, invoices shall be sent to the address set forth herein. Invoices shall be submitted in duplicate and shall include the Contract number; item number; unit price, extended item price and invoice total amount. State sales tax and/or use tax shall be itemized separately and added to each invoice as applicable. 17. PAYMENT: a) Payment will be made within thirty (30) days of: (i) the date of acceptance of goods or performance of services; or (ii) receipt of an undisputed invoice, whichever is later. b) Payment will be made by the District provided that the work is satisfactory and accepted by the District and that the contract is free of all liens and encumbrances. 18. SURVIVAL: Notwithstanding the District's acceptance of the work and payment therefor, Contractor shall remain obligated under all clauses of this Contract, which expressly or by their nature extend beyond and survive such acceptance and payment or termination. 19. CONFIDENTIALITY OF DATA: All financial, statistical, personal, technical and other data and information relating to the District's operation which are designated confidential by the District and made available to the Contractor in order to carry out this Contract, or which become available to the Contractor in carrying out this Contract, shall be protected by the Contractor from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to the District. The identification of all such confidential data and information as well as the District's procedural requirements for protection of such data and information from unauthorized use and disclosure shall be provided by the District in writing to the Contractor. If the methods and procedures employed by the Contractor for the protection of the Contractor's data and information are deemed by the District to be adequate for the protection of the District's confidential information, such methods and procedures may be used, with the written consent of the District, to carry out the intent of this paragraph. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is already rightfully in the Contractor's possession, is independently developed by the Contractor outside the scope of this Contract, or is rightfully obtained from third parties. 20. NEWS RELEASES AND PUBLICATIONS: Unless otherwise exempted, news releases, publications or advertisements pertaining to this Contract shall not be made by Contractor, its subcontractor or suppliers, without prior written approval of the District. 21. EXAMINATION AND AUDIT: Contractor agrees that the District, or its designated representative shall have the right to review and copy any records and supporting documentation pertaining to performance of this Contract. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the District to audit records and interview staff in any subcontract related to performance of this Contract. 22. DISPUTES: a) The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, Contractor shall submit to the Department Director or designee a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to or involving this Contract, unless the District, on i o ni tt ehs l ayr dr sc a i l eio.C n at ’ w ie t w n ii , a a ed e e d uh f a dc i s iav r n e n s n ot c r rt r o s tn demand shall be fully supported by factual information, and if such demand involves a cost adjustment to the Contract, Contractor shall include with the demand a written statement signed by an authorized person indicating that the demand is made in good faith, that the supporting data are accurate and complete and that the amount requested accurately reflects the Contract adjustment for which Contractor believes the District is liable. If the Contractor is not satisfied with the decision of the Department Director or designee, the Contractor may appeal the decision to the Purchasing and Materials Manager. b) Pending the final resolution of any dispute arising under, related to or involving this Contract, Contractor agrees to diligently proceed with the pr r ac o t s ot c i l i t dl e o gos r rv i o sri sn codne i t Dsi’i t cosC n at ’ e om ne fh C n at n u n h evr f od o poi n fe c i acrac wt h ir t n r t n. ot c r f i r , cdg e i y dg ve h e tc s su i r os failure to diligently prce i acrac wt t Dsi’i t coshl e os e d m t i bec o t s ot c oed n codne i h ir t n r t n sa b cni r a a r lr h fh C n at h e tc s su i l de ea a i r . c) Any final decision of the District shall be expressly identified as such, shall be in writing, and shall be signed by the Department Director or designee or Purchasing and Materials Manager if an appeal was made. If the District fails to render a final decision within ninety (90) days after r e t f ot c r dm n,thlb de e af a dc i avr t C n at ’ cn n os T e ir t f a dc i sa b e i o C n at ’ e ad isa e em d i l eio de e o ot c r ot t n. h Dsi’ i l eio hl e cp r os l n sn s r os ei tc s n sn l conclusive and binding regarding the dispute unless Contractor commences an action in a court of competent jurisdiction to contest such decision within ninety (90) days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later. 23. TERMINATION FOR NON-APPROPRIATION OF FUNDS: If the term of this Contract extends into fiscal years subsequent to that in which it is approved, such continuation of the Contrac icn net nt apor t no fns o sc proe y h Dsi’ B a o ts ot gn o h prpii fud fr uh ups b t i e ao e ir t or f tc s d Directors. If funds to effect such continued payment are not appropriated, District shall give immediate written notice of such to Contractor and Contractor agrees to take back any affected goods furnished under this Contract, terminate any services supplied to the District under this Contract, and relieve the District of any further obligation therefor. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 63. 24. TERMINATION FOR THE CONVENIENCE OF A PARTY: a) Including, but not limited to, provisions for termination in the event of national emergency under Section 4410 et. seq. of the Government Code of the State of California, the District or Contractor may terminate performance of work under this Contract for its convenience in whole or, f m t e ot ei pr uo nteshnn e (0 dy w ie nte fh pr dt m nsht t m nt nii t pr ’ i e s r i t i ,n a , pn o l t o m m t s e i t 9) as rt o c it a y e r i t a e i i sn h a ysn r t ny tn i e t e e a r ao e t te . The party shall terminate by delivering to the other party a Notice of Termination specifying the extent of termination and the effective date thereof. The parties agree that, as to the terminated portion of the Contract, the Contract shall be deemed to remain in effect until such time as the termination settlement, if any, is concluded and the Contract shall not be void. 25. TERMINATION FOR DEFAULT: a) The District may, subject to the Force Majeure paragraph contained herein, by written notice of default to the Contractor, terminate this Contract in whole or in part if the Contractor fails to: i) deliver the goods or to perform the services within the time specified in the Contract or any amendment thereto; ii) make progress, so as to endanger performance of this Contract (but see subparagraph (b) below); or iii) perform any of the other provisions of this Contract (but see subparagraph (b), below). b T e ir t r h t t m nt t s ot cudr upr r h ( ( ad( () bv, a b ee i dit C n at de nt ue ) h Dsi’ i to e i eh C n at ne sba ga sa i n a i aoem y e xr s fh ot c r os o cr tc s g r a i r a p )) )i ce e r o such failure within the time frame stated in the cure notice issued by the buyer. c) If the District terminates this contract in whole or in part, it may acquire, under the terms and in the manner the buyer considers appropriate, goods or services similar to those terminated, and the contractor will be liable to the District for any excess costs for those goods or services. However, the Contractor shall continue the work not terminated. d) The District shall pay Contract price for completed goods delivered and accepted and/or services performed and accepted. The Contractor and buyer shall agree on the amount of payment for manufacturing materials delivered and accepted for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The District may withhold from these amounts any sum the buyer determines to be necessary to protect the District against loss because of outstanding liens or claims of former lien holders. e) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the District. f) The rights and remedies of the parties in this clause are in addition to any other rights and remedies provided by law or under this Contract. 26. RIGHTS AND REMEDIES OF DISTRICT FOR DEFAULT:a) In the event any goods furnishd or services provided by the Contractor in the performance of the Contract should fail to conform to the requirements herein, or to the sample or technical specifications submitted by the Contractor, the District may reject the same, and it shall become the duty of the Contractor to reclaim and remove the item promptly or to correct the performance of services, without expense to the District, and immediately replace all such rejected items with others conforming to the Contract.b) In the event of the termination of the Contract, either in whole or in part, by reason of default or breach by the Contractor, any loss or damage sustained by the District in procuring any items which the Contractor agreed to supply shall be borne and paid for by the Contractor.c) The District reserves the right to offset the reasonable cost of all damages caused to the District against any outstanding invoices or amounts owed to Contractor or to make a claim against the Contractor therefore. 27. DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP: Prior to the award of any contract, the contractor may be required to certify in writing to the Purchasing and Materials Manager that no relationship exists between the contractor and any District employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the District. 27. COVENANT AGAINST GRATUITIES: The Contractor warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the District with a view toward securing the Contract or securing favorable treatment with respect to any determinations concerning the performance of the Contract. For breach or violation of this warranty, the District shall have the right to terminate the Contract, either in whole or in part, and any loss or damage sustained by the District in procuring on the open market any items which Contractor agreed to supply shall be borne and paid for by the Contractor. The rights and remedies of the District provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or in equity. 2. INDISCRIMINATION CLAUSE: a) Contractor, and all subcontractors, suppliers, and contractors, shall comply with all District, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. During the performance of this Contract, Contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), medical condition (cancer), age, marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. b) Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 64. c) The Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract. 29. AMERICANS WITH DISABILITIES ACT: Contractor assures the District that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 31. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Contractor certifies that it does not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986 (IRCA) and its present and future amendments, and shall comply with existing Labor Codes regarding the employment of aliens except under extraordinary emergencies (Sections 1850 to 1854). Further Contractor shall indemnify, hold harmless, protect and defend the District against ay n a at n,rcei spnle o c i s ri ot f ot c r f l eo o n ad l cospoed g,eai r lm a s g u o C n at ’ au t cmply strictly with the IRCA. l i n ts a in r o s ir 32. SAFETY AND ACCIDENT PREVENTION: a) In performing work under this Contract on District premises, Contractor shall conform to any specific safety requirements contained in the Contract or as required by law or regulation. Contractor shall take any additional precautions as the District may reasonably require for safety and accident prevention purposes. Any violation of such rules and requirements, unless promptly corrected, shall be grounds for termination of this Contract in accordance with the default provisions hereof. b) Contractor is hereby informed that work under this Contract could be hazardous because of conditions such as confined spaces, potentially explosive atmospheres, and possible exposure to pathogens. Contractor shall carefully instruct all personnel working in potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground. 3. O T A T R SL A I I YF RI J R T P R O SO D MA ET P O E T : 3C N R C O ’ I B L T O N U Y O E S N R A G O R P R Y a) The Contractor shall be liable for damages arising out of injury to the person and/or damage to the property of the District, employees of the District, persons designated by the District for training, or any other person(s) other than agents or employees of the Contractor, designated by the District for any purpose, prior to, during, or subsequent to delivery, installao,cet c,n ue fh gos i eat C n at ’se r t nacp nead s o t od ehr th ot c r i o i a e t e r os t at Dsi’p c o bs espoi d ht en r o dm g w s asd yh f lo ng gne fh C n at . th ir t l e f ui s rv e t t i uy r a ae a cue b t a t r el ec o t ot c r e tc s a n , d ah j e u i e r o b) Contractor shall not be liable for damages arising out of or caused by an alteration or an attachment not made or installed by the Contractor, or for damage to alterations or attachments that may result from the normal operation and maintenance of the goods provided by the Contractor during the Contract. 3. INSURANCE: When performing work on property in the care, custody or control of the District, Contractor shall, at its expense, po uea dma ti i ua c wt aSaeo C l ri a mi ds rt wt a AM.B ss n ua c R t go AVI better on rc r n i a n rn e i n n s h tt f af n d t uey i n . i a o te h e t Is rn e ai f :Ior ’ n all of its operations under this Contract for the duration of the work and the warranty period as follows: a) Workers' Compensation and Employers Liability Insurance. Wokr C m est nIsr c sa b poi da r u e b ay re ’ o pnao nua e hl e rv e s e i d y n s i n l d qr applicable law or regulation. Employers Liability Insurance shall be provided in amounts not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 policy limit for bodily injury by disease, and $1,000,000 each employee for bodily injury by disease. The insurer shall w i a r h o sboao aa st Dsi,tof e , i c r ad m l esIt r iay i o i uy o ot c r e p ye a e l i t furgt n gi th ir ti fcr d et s n e p ye.fh es n rk fn r t C n at ’ m l es v lg s i n e tc s i s r o , o e s j r os o udrh US L nsoe e’ad a o Wokr C m est n c t J Act or under other laws, regulations or statutes applicable to ne t .. oghr ns n H r r re ’ o pnao A t h ones e m b s i ,e maritime employees, coverage shall be included for such injuries or claims. b) General Liability Insurance. Contractor shall carry general liability insurance in any combination of primary, excess or umbrella insurance, covering all operations by or on behalf of Contractor for the limits of liability not less than $1,000,000 per occurrence. If the policy has a general aggregate limit, the aggregate limit shall apply separately to this project. C v rg s a b a l s a bo da Is rn eS ri sO feC mmec l e ea L bi c v rg “curn e fr C o ea e h l e te t s ra s n ua c ev e f l a c i o c ri G n rl i iy o ea e o c r c ” om G a al t e 0 0 . o t c r c v rg s a b “curn e c v rg a d n t c i ma e c v rg . C v rg s a i l e o b 0 1 C nr t ’ o ea e h l e o c r c ” o ea e n o “lms d ” o ea e a os l e a o ea e h l n u , r e l cd endorsed to include, coverage for personal injury liability assumed under Contract. The policy shall also include liability arising out of the use and operation of any District-furnished equipment by Contractor, its personnel and others. The District, its ofes d e tr a de l e s h l en me a a d i a i ue o C nrc r p ly y p ly rv i o f r, i c s n mp y e s a b a d s d i n l s rd n o t t ’ oc b a oc po io r i c r o o l to n a os i i sn e d re n po in c v rg a l s a bo d a Is rn e S ri s O fe “d i n lIs rd - Owners, Lessees or n os me t rv i o ea e t e t s ra s n ua c ev e f dg a c i A d i a n ue c to Contractors (Form B e d re n N mb r G 2 1 ” ) n os me t u e C 0 0. The required additional insured coverages for the District, its officers, directors, and employees shall stipulate that the insurance afforded the additional insured shall apply as primary insurance and that any other insurance or self-insurance maintained by the Ds i s a b e c s o la ds a n t ec ldu o t c nr uewt C nrc r i ua c . ir t h l e xe s n n h l o b ae p n o o tb t i o t t ’ n rn e tc l y l l i h a os s c) Automobile Liability Insurance. Contractor shall carry Automobile Liability Insurance in any combination of primary, excess or umbrella insurance, provided the coverage is at least as broad as the liability coverage of Insurance Services Office Business Automobile Liability, Symbol # “n at ( r nm e C 00)i a a on nteshn 1 0, 0 e occurrence. The policy shall also include liability arising out 1 ay u ” f m u br A 01,n n m ut o l t $, 0 0 pr o o s a 0 0 of the use and operation of District-furnished vehicles by Contractor, its personnel and others. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18
  • 65. The District, its officers, directors and employees shall be named as additional insured on C nrc r p ly y p ly rv i o t t ’ oc b a oc po io a os i i sn o e d re n po in c v rg a l s a bo da Is rn eS ri s f e“d i n l s rd- Owners, Lessees or r n os me t rv i o ea e t a t s ra s n ua c ev e O f A d i a I ue dg e c ic to n C nrc r (om B e d re n N mb r G 2 1 ” o t t s F r ) n os me t u e C 0 0. ao The required additional insured coverages for the District, its officers, directors, and employees shall stipulate that the insurance afforded the additional insured shall apply as primary insurance and that any other insurance or self-insurance maintained by the District shall be excess only and s a n t ec ldu o t c nr uewt C nrc r i ua c . h l o b ae p n o o tb t i o t t ’ n rn e l l i h a os s d) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice has been given to the District. The following provisions shall also apply: i) Contractor shall furnish the District with original, signed certificates and original, signed amendatory endorsements effecting coverage required by this clause, and all such certificates and endorsements are to be received and reviewed by the District before any work is commenced hereunder by Contractor. The certificates and amendatory endorsements shall be signed by an individual who is authorized to sign on behalf of the insurer binding the insurer. ii) Amendatory endorsements to be furnished to the District include: a. The policy provision or the additional insured endorsement adding the District, its officers, directors, and employees. If coverage for the District is written as a separate Owners and Contractors Protective Liability policy, the complete, original policy shall be provided. b. The policy provision stating that such insurance applies as primary insurance and will not call upon other insurance or self- insurance maintained by the District for contribution. c Thirty (30)-day cancellation notice to the District. iii) The District reserves the right to require complete, certified copies of all required insurance policies at any time. iv) All insurance correspondence, notices, certificates, and endorsements from the insurance carriers shall each separately reference the District Contract number. v) In the event Contractor fails to comply with this section, the District may take such action as the District deems necessary to po ct Dsi’i e s S c at nm y nl e u inti idt t m nt no t C n atwt o i o py et o rt th ir t n r t uh co a i u bts o l t o e i i fh ot c i hl n f am n , r e e tc s t e . i cd me r ao e r , h dg s other actions as the District deems appropriate. 3. INDEMNIFICATION: a) Contractor agrees to indemnify, defend and hold harmless the District, its officers, directors, agents and employees, and each of them, from and against any and all suits, actions, legal or administrative proceedings, claims, demands, consequential damages, liabilities, interest, aonys t re’ t fees, costs, expenses and losses of whatsoever kind or nature, whether or not well founded in fact or in law and, directly or indirectly caused, occasioned or contributed to in whole or in part, or claimed to be caused, occasioned or contributed to in whole or in part by reason of any ng gn o w ogu at r m s o,alo ng gnew e eat e r as e fh C n at o o ayn at g net C n at ’ el et r rnflco o i i f t r el ec, ht r cv o ps v o t ot c r r f noe cn udrh ot c r i sn u i h i i e r o i e r os d et n cn o o o t C n at ’bhli cnet n i or incident to the performance of the Contract; without limiting the generality i co,ot l r n h ot c r ea n onco wth r i r e r os f i of the foregoing, the same shall include injury or death of any person or persons and damage to any property, regardless of where located, including without limitation the poe y fh Dsi, e ot c r e p ye ad l t r e os rpr o t ir t h C n at ’ m l es n a o epr n. t e tc t r os o lh s 3. PATENT, COPYRIGHT AND TRADE SECRET INDEMNITY: a) Contractor shall hold the District of, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the Contract. b) Contractor may be required to furnish a bond to the District against any and all loss, damage, costs, expenses, claims and liability for patent, copyright and trade secret infringement. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18