Statewide RFP Template

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  • 1. SUPERIOR COURT OF CALIFORNIA COUNTY OF FRESNO REQUEST FOR PROPOSAL JANITORIAL SERVICES RFP NUMBER 07-0601 - Jan PROPOSALS DUE BY JUNE 1, 2007, 3:00 P.M. NO LATE BIDS WILL BE ACCEPTED TCS-0405-RFP Rev. 4-05
  • 2. RFP 07-0601 - Jan Janitorial Services Table of Contents Table of Contents I. Introduction – Summary of the Intended Procurement 1.1 Issuing Body 1.2 RFP Layout and Sections 1.3 Project Overview II. Procurement and Evaluation Process 2.1 Procurement Schedule and General Instructions 2.1.1 Contact List 2.1.2 Disposition of Material and Confidential or Proprietary Information 2.1.3 Proposal Preparation Costs 2.2 Pre-Proposal Conference 2.2.1 Mandatory Pre-proposal Conference 2.3 Pre-Submittal Process 2.3.1 Request for Clarifications or Modifications 2.3.2 Ambiguity, Discrepancies, Omissions 2.3.3 Contact with Court 2.3.4 RFP Addenda 2.4 Submission of Proposals 2.4.1 Proposal Delivery 2.4.2 Amendment or Withdrawal of Proposals 2.4.3 Mistake in Proposal 2.4.4 Error in Submitted Proposals 2.4.5 Authorized Signatures, Validity Period of Proposals 2.4.6 Knowledge of Requirements 2.4.7 Independence of Proposal and Joint Proposals 2.4.8 Covenant Against Gratuities 2.5 Overview of Evaluation Process 2.5.1 Evaluation Committee 2.5.2 Reservation of Rights 2.5.3 Evaluation of Cost Sheets 2.5.4 Cash Discounts 2.5.5 Requests for Additional Information 2.5.6 Brand Names 2.6 Minimum Qualifications 2.7 Evaluation Criteria 2.8 Interviews and Negotiations 2.8.1 Interviews 2.8.2 Negotiations 2.8.3 Payment 2.8.4 News Releases 2.9 Award of Contract 2.10 Protest Procedures 2.10.1 General 2.10.2 Prior to Submission of Proposal 2.10.3 After Award 2.10.4 Form of Protest 2.10.5 Determination of Protest Submitted Prior to Submission of Proposal 2.10.6 Determination of Protest Submitted After Submission of Proposal 2.10.7 Appeals Process 2.10.8 Protest Remedies
  • 3. RFP 07-0601 - Jan Janitorial Services Table of Contents III. Proposal Format and Content 3.1 Executive Summary 3.1.1 Executive summary content 3.1.2 Vendor Information, Validity, and Authorized Signature 3.2 Company and Subcontractor Information 3.2.1 Company Background Information 3.2.2 Subcontractors 3.3 Company Profile and California Locations 3.4 Experience and Qualifications 3.4.1 Prior Experience and References 3.4.2 Subcontractors 3.5 Technical Approach and Methodology 3.5.1 Work Plan and Methodology 3.5.2 Customer Service 3.5.3 Reports 3.5.4 Invoicing 3.6 Cost Proposal 3.6.1 Government Rates 3.6.2 Pricing and Price Adjustments 3.7 Required Proposal Forms and Documents 3.7.1 Required Forms 3.7.2 Acceptance of Terms IV. Statement of Work 4.1 Description of Products and Services to be Provided 4.1.1 General Description 4.1.2 Technical Specifications for Janitorial Service 4.2 Customer Service 4.3 Acceptance of Service 4.4 Invoicing V. General Conditions VI. Exhibits and Attachments Exhibit 1 – Contract Terms and Conditions Exhibit 2– Court Locations, Hours of Operation, Holiday Schedule Exhibit 3– Statement of Work, Parts I & II Exhibit 4 – Pricing Sheets, including Excel Worksheets & Visio Drawings Exhibit 5 – Required Forms Attachment A - Vendor Certification Form Attachment B – Trade Secret Acknowledgement Attachment C – Non-Collusion Statement Attachment D – Scope of Services Attachment E Facility Cost Proposal
  • 4. RFP 07-0518L1 Janitorial Services Section I Introduction - Summary of the Intended Procurement I. INTRODUCTION – SUMMARY OF THE INTENDED PROCUREMENT 1.1 Issuing Body The Superior Court of California, County of Fresno (“Court”) is issuing this Request for Proposal (“RFP”) to provide the Court with competitive bids for Janitorial Services for various court branches. 1.2 RFP Layout and Sections This RFP is laid out in sections as follows: 1. Introduction – Summary of the Intended Procurement 2. Procurement and Evaluation Process 3. Proposal Format and Content 4. Statement of Work 5. General Conditions 6. Exhibits & Attachments 1.3 Project Overview The Court is requesting proposals from highly qualified companies to perform janitorial services for Court facilities to include the Central Courthouse, North Annex Jail Court, Juvenile Delinquency Court, Juvenile Dependency Court, Archives and Outlying Court Divisions (Clovis, Firebaugh, Fowler, Kerman, Kingsburg, Reedley, Sanger, and Selma). The approximate square footage for all the facilities is 270,548 square feet. The Court intends to award a contract to a vendor that is able to perform janitorial services as further described in Section IV and Exhibit 3 of this RFP. However, the Court reserves the right to reject any or all proposals, in whole or in part, submitted in response to this RFP. The Court further reserves the right to make no award and to modify or cancel, in whole or in part, this RFP. 1 TCS-0405-RFP Rev. 4-05
  • 5. RFP 07-0601 - Jan Janitorial Services Section II Procurement and Evaluation Process II. PROCUREMENT AND EVALUATION PROCESS 2.1 Procurement Schedule and General Instructions The Court has developed the following list of key events from RFP issuance through contract award. All deadlines are subject to change at the Court’s discretion. No. EVENTS Key Dates 1 Issue RFP 4-30-07 2 Letter of Intent from Vendors to Participate in Pre- 5-7-07 Proposal Conference 3 Pre-Proposal Conference Date and Time 5-10-07, 8:30 a.m. 4 Deadline for Outlying Court Visits 5-18-07 4 p.m. 5 Deadline for Vendor Requests for Clarifications or 5-21-07, 3 p.m. Modifications 6 Responses to Requests for Clarifications on website 5-24-07, 8 a.m. 7 Proposal Due Date and Time 6-1-07, 3 p.m. 9 Notice of Intent to Award (estimated) 6-11-07 10 Notice of Award (estimated) 6-18-07 The RFP and any addenda that may be issued will be available on the following website, referred to as “Court website”: www.fresnosuperiorcourt.org/attorneys_press/news_releases.php 2.1.1 Contact List Submittal Contact Carmen Lango, 1999 Tuolumne Street, ste 802, Fresno, CA 93721 clango@fresno.courts.ca.gov Facilities Director Tim Wilson, 1999 Tuolumne Street, ste 802, Fresno, CA 93721 Contract Specialist Carmen Lango, 1999 Tuolumne Street, ste 802, Fresno, CA 93721 Court Executive Officer Tamara Beard, 1100 Van Ness Avenue, Fresno, CA 93724-0002 2.1.2 Disposition of Material and Confidential or Proprietary Information All materials submitted in response to the solicitation document will become the property of the Court and will be returned only at the Court’s option and at the expense of the vendor submitting the proposal. One copy of a submitted proposal will be retained for official files and become a public record. Any material that a vendor considers as confidential but does not meet the disclosure exemption requirements of the California Public Records Act should not be included in the vendor’s proposal as it may be made available to the public. Even though the Public Records Act (PRA) does not apply to the Court, the Court’s policy is to look to the PRA for guidance in responding to requests for documents. If a vendor’s proposal contains material noted or marked as confidential and/or proprietary that, in the Court’s sole 2 TCS-0405-RFP Rev. 4-05
  • 6. RFP 07-0601 - Jan Janitorial Services Section II Procurement and Evaluation Process opinion, meets the disclosure exemption requirements of the PRA, then that information will not be disclosed pursuant to a written request for public documents. If the Court does not consider such material to be exempt from disclosure under the PRA, the material may be made available to the public, regardless of the notation or markings. If a vendor is unsure if its confidential and/or proprietary material meets the disclosure exemption requirements of the PRA, then it should not include such information in its proposal because such information may be disclosed to the public. 2.1.3 Proposal Preparation Costs Vendors submitting proposals do so entirely at their expense. There is no express or implied obligation by the Court to reimburse a vendor for any costs incurred in preparing or submitting proposals, providing additional information when requested by the Court, participating in any selection interviews or product demonstrations, or participating in this procurement. 2.2 Pre-Proposal Conference 2.2.1 Mandatory Pre-proposal Conference A pre-proposal conference to answer questions related to this RFP will be held on the date and at the time specified in Section 2.1. The location of the pre-proposal conference is stated below: Superior Court of California, County of Fresno 1999 Tuolumne, Suite 802 Fresno, California 93721 The pre-proposal conference is mandatory; prospective vendors are required to attend in order to better understand the proposal requirements. In the event a potential vendor is unable to attend the pre-proposal conference, an authorized representative may attend on their behalf. A representative may only sign in for one vendor. Proposals from vendors who did not attend the pre-proposal conference will not be accepted and will be returned unopened. A Notice of Intent from a pre-proposal conference participant must be sent to the Submittal Contact at the address listed in Section 2.1. by the date and time noted in Section 2.1 indicating the number of individuals (of vendor and its subcontractors) who plan on attending the pre- proposal conference. Notice may be mailed, faxed or e-mailed. The Court will prepare a summary of questions and answers from the pre-proposal conference, as an addenda, which will be posted on the Court website as identified in Section 2.1. 2.3 Pre-Submittal Process 2.3.1 Request for Clarifications or Modifications Vendors interested in responding to this solicitation may submit questions on procedural matters related to the RFP or requests for clarification or modification of this solicitation document, including questions regarding the General Conditions in Section V, to the Submittal Contact. If the vendor is requesting a change, the request must set forth the recommended change and the vendor’s reasons for proposing the change. All questions and requests must be submitted in writing to the Submittal Contact listed in Section 2.1.1 no later than the date specified in Section 2.1, Procurement Schedule and General Instructions. Questions or requests submitted after the due date will not be answered. Without disclosing the source of the question or request, the Submittal Contact will post a copy of the questions and the Court’s responses on the Court website, by the date listed in Section 2.1. 3 TCS-0405-RFP Rev. 4-05
  • 7. RFP 07-0601 - Jan Janitorial Services Section II Procurement and Evaluation Process If a vendor’s question relates to a proprietary aspect of its proposal and the question would expose proprietary information if disclosed to competitors, the vendor may submit the question in writing, conspicuously marking it as "CONFIDENTIAL." With the question, the vendor must submit a statement explaining why the question is sensitive. If the Court concurs that the disclosure of the question or answer would expose proprietary information, the question will be answered, and both the question and answer will be kept in confidence. If the Court does not concur regarding the proprietary nature of the question, the question will not be answered in this manner and the vendor will be notified. 2.3.2 Ambiguity, Discrepancies, Omissions If a vendor submitting a proposal discovers any ambiguity, conflict, discrepancy, omission, or other error in this solicitation document, the vendor shall immediately provide the Submittal Contact listed in Section 2.1 written notice of the problem and request that the solicitation document be clarified or modified. Without disclosing the source of the request, the Court may modify the solicitation document prior to the date fixed for submission of proposals by posting an addendum on the Court website. If prior to the date fixed for submission of proposals a vendor submitting a proposal knows of or should have known of an error in the solicitation document but fails to notify the Court of the error, the vendor shall propose at its own risk, and if the vendor is awarded the contract, the vendor shall not be entitled to additional compensation or time by reason of the error or its later correction. 2.3.3 Contact with Court Vendors are specifically directed NOT to contact any Court personnel or consultants for meetings, conferences, or discussions that are specifically related to this RFP at any time prior to any award of a contract. Unauthorized contact with any Court personnel or consultants may be cause for rejection of the vendor’s response. 2.3.4 RFP Addenda The Court may modify this solicitation document prior to the date fixed for submission of proposals by providing notice to potential vendors and by posting an addendum on the Court website. If any potential vendor determines that an addendum unnecessarily restricts its ability to propose, it must notify the Submittal Contact listed in Section 2.1.1 no later than three (3) business days following the date the addendum was posted. Pricing shall reflect all addenda issued by the Court. Failure to do so will permit the Court to interpret the proposal to include all addenda issued in any resulting contract. 2.4 Submission of Proposals 2.4.1 Proposal Delivery The following must be received no later than the Proposal Due Date and time specified in Section 2.1 (the “Proposal Closing Time”) at the address listed in Section 2.1.1 for the Submittal Contact: • One unbound original of the technical proposal and a separate unbound original of the cost proposal; • 4 bound hard copies of both the technical and the cost proposals; • one electronic copy of the technical proposal in MS Document or PDF format, and one electronic formatted copy of the cost proposal in Excel. 4 TCS-0405-RFP Rev. 4-05
  • 8. RFP 07-0601 - Jan Janitorial Services Section II Procurement and Evaluation Process All proposals must be submitted in double envelopes that are sealed. The outside envelope must be clearly marked with the RFP Number, Project Title, the Proposal Due Date, and the vendor’s name. The cost proposal must be included in the proposal in a separately sealed envelope and should be marked with “Cost Proposal” and the vendor’s name. The hard copies and electronic copies of the technical proposal must not include any pricing information. Proposals received prior to the Proposal Closing Time that are marked properly will be securely kept, unopened until the Proposal Closing Time. Late proposals will not be considered. All proposals must be delivered via U.S. Mail, common carrier, or hand delivery. A receipt should be requested for hand delivered material. The vendor is solely responsible for ensuring that the full proposal is received by the Court in accordance with the solicitation requirements, prior to the date and time specified in the solicitation, and at the place specified. The Court shall not be responsible for any delays in mail or by common carriers or by transmission errors or delays or missed delivery. 2.4.2 Amendment or Withdrawal of Proposals A vendor may amend its proposal prior to the Proposal Closing Time. All amendments must be in writing and received by the Court prior to the Proposal Closing Time. A vendor may withdraw its proposal at any time prior to the Proposal Closing Time by notifying the Submittal Contact listed in Section 2.1.1 in writing of its withdrawal. Amendments or withdrawals offered in any other manner, than described above will not be considered. Proposals cannot be amended or withdrawn after the Proposal Closing Time. 2.4.3 Mistake in Proposal If prior to a contract award, a vendor discovers a mistake in their proposal that renders the vendor unwilling to perform under any resulting contract, the vendor must immediately notify the Submittal Contact listed in Section 2.1.1 in writing and request to withdraw the proposal. It shall be solely within the Court’s discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of “all or none” of the items, then any withdrawal must be for the entire proposal. If the solicitation provided for evaluation and award on a line item or combination of items basis, the Court may consider permitting withdrawal of specific line item(s) or combination of items. 2.4.4 Error in Submitted Proposals If an error is discovered in a vendor’s proposal, the Court may at its sole option retain the proposal and allow the vendor to submit certain arithmetic corrections. The Court may, at its sole option, allow the vendor to correct obvious clerical errors. In determining if a correction will be allowed, the Court will consider the conformance of the proposal to the format and content required by the solicitation, the significance and magnitude of the correction, and any unusual complexity of the format and content required by the solicitation. If the vendor’s intent is clearly established based on review of the complete proposal submitted, the Court may, at its sole option, allow the vendor to correct an error based on that established intent. 5 TCS-0405-RFP Rev. 4-05
  • 9. RFP 07-0601 - Jan Janitorial Services Section II Procurement and Evaluation Process 2.4.5 Authorized Signatures, Validity Period of Proposals Proposals must include the vendor name, address, telephone and facsimile numbers, business license number(s), and federal tax identification number. The proposal must be signed by a duly authorized officer or employee of the vendor and include the name, title, address, and telephone number of the individual who is the vendor’s designated representative. Proposals will be valid for ninety (90) days after the Proposal Due Date specified in Section 2.1 (“Proposal Validity Date”). In the event a final contract has not been awarded by the date specified in Section 2.1, the Court reserves the right to negotiate extensions to the Proposal Validity Date. 2.4.6 Knowledge of Requirements The vendor shall carefully review all documents referenced and made a part of the solicitation document to ensure that all information required to properly respond has been submitted or made available and all requirements are priced in the proposal. Failure to examine any document, drawing, specification, or instruction will be at the vendor’s sole risk. Vendors shall be responsible for knowledge of all items and conditions contained in their proposals and in this RFP, including any Court issued clarifications, modifications, amendments, or addenda. The Court will provide notice to perspective vendors by posting addenda and clarifications to the Court website; however, it is the vendor’s responsibility to ascertain that the proposal includes all addenda issued prior to the Proposal Due Date. 2.4.7 Independence of Proposal and Joint Proposals Unless a vendor is submitting a joint proposal, the vendor represents and warrants that by submitting its proposal it did not conspire with any other vendor to set prices in violation of anti- trust laws. A proposal submitted by two or more vendors participating jointly in one proposal may be submitted, but one vendor must be identified as the prime contractor and the other as the subcontractor. The Court assumes no responsibility or obligation for the division of orders or purchases among joint subcontractors. 2.4.8 Covenant Against Gratuities Vendor warrants by signing its proposal that no gratuities, in the form of entertainment, gifts, or otherwise, were offered by the vendor or any agent, director, or representative of the vendor, to any officer, official, agent, or employee of any Court with a view toward securing award of or securing favorable treatment with respect to any determinations concerning the performance of any resulting contract. For breach or violation of this warranty, the Court will have the right to terminate any resulting contract in whole or in part. The rights and remedies of the Court provided in this provision shall not be exclusive and are in addition to any other rights and remedies provided by law or under the resulting contract. 2.5 Overview of Evaluation Process 2.5.1 Evaluation Committee The Court will conduct a comprehensive, fair, and impartial evaluation of proposals received in response to this RFP. All proposals received from vendors will be reviewed and evaluated by a committee of qualified personnel (“Evaluation Committee”). The name, units, or experience of the individual members will not be made available to any vendor. The Evaluation Committee will first review and screen all proposals submitted, except for the cost proposals, according to the minimum qualifications set forth in Section 2.6. 6 TCS-0405-RFP Rev. 4-05
  • 10. RFP 07-0601 - Jan Janitorial Services Section II Procurement and Evaluation Process Vendors satisfying the minimum qualifications will then be evaluated in accordance with the evaluation criteria set forth in Section 2.7. The Evaluation Committee will first review and complete the evaluation of the technical proposals, without the cost proposal. Thereafter, the cost proposals will be opened, reviewed, and evaluated to determine an overall evaluation score. 2.5.2 Reservation of Rights The Court, in its complete discretion, may eliminate proposals that have not met the minimum qualifications of Section 2.6, or have not scored adequately in relation to other proposals to warrant further consideration. The Court reserves the right to reject any or all proposals, in whole or in part, and may or may not waive any immaterial deviation or defect in a proposal. The Court’s waiver of an immaterial deviation or defect shall in no way modify the solicitation document or excuse a vendor from full compliance with solicitation document specifications. If a proposal fails to meet a material solicitation document requirement, the proposal may be rejected. A deviation is material to the extent that a response is not in substantial accord with the requirements of the solicitation document. Material deviations cannot be waived. Unless otherwise specified in the solicitation, the Court may accept any item or combination of items as specified in the solicitation, of any proposal unless the vendor expressly restricts an item or combination of items in its proposal and conditions its response on receiving all items for which it provided a proposal. In the event that the vendor so restricts its proposal, the Court may consider the vendor’s restriction and evaluate whether the award on such basis will result in the best value to the Court or may determine in its sole discretion that such restriction is non- responsive and renders the vendor ineligible for further evaluation. The Court reserves the right to negotiate with vendors who have presented, in the opinion of the Evaluation Committee, the best proposal in an attempt to reach agreement. If no agreement is reached, the Court may negotiate with other vendors or make no award under this RFP. At any time the Evaluation Committee can reject all proposals and make no award under this RFP. Moreover, the Court reserves the right to reconsider any proposal submitted at any phase of the procurement. It also reserves the right to meet with vendors to gather additional information. Proposals that contain false or misleading statements may be rejected if in the Court’s opinion the information was intended to mislead the Court regarding a requirement of the solicitation document. 2.5.3 Evaluation of Cost Sheets Cost sheets will be reviewed only if a proposal is determined to be otherwise qualified. All figures entered on the cost sheets must be clearly legible and must be printed in ink or type written. No erasures are permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by the person signing the proposal. If the solicitation requires the vendor to provide an electronic copy of the cost sheets and there is a discrepancy in the printed cost sheets and the electronic copy, the pricing on the printed cost sheets will be evaluated. Where more than one line item is specified in the solicitation, the Court reserves the right to determine the highest evaluated vendor, either on the basis of individual items, combination of items as specified in the solicitation, or on the basis of all items included in the solicitation, unless otherwise expressly provided. 7 TCS-0405-RFP Rev. 4-05
  • 11. RFP 07-0601 - Jan Janitorial Services Section II Procurement and Evaluation Process Unit or line item prices may not be more than four (4) places to the right of the decimal point. For example, a unit price of $0.56726 each would exceed this limitation. Unit prices that exceed this limitation will automatically be truncated to the fourth decimal place for both evaluation and award purposes. Using the example just cited, the “6” at the end of the unit price would be dropped off leaving a unit price of $0.5672 each. 2.5.4 Cash Discounts The Court encourages vendors to offer cash discounts for prompt payment, however, unless provided elsewhere in the solicitation, cash discounts offered by vendors for the prompt payment of invoices will not be considered in evaluating offers to determine the successful vendor for award of any resulting. 2.5.5 Requests for Additional Information The Court reserves the right to seek clarification or additional information from any vendor throughout the solicitation process. The Court may require a vendor’s representative to answer questions during the evaluation process with regard to the vendor’s proposal. Failure of a vendor to demonstrate that the claims made in its proposal are in fact true may be sufficient cause for deeming a proposal non-responsive. 2.5.6 Brand Names Any reference to brand names and/or numbers in the solicitation is intended to be descriptive, but not restrictive, unless otherwise specified. Proposals offering equivalent items meeting the standards of quality specified may be considered, unless otherwise specified, providing the proposal clearly describes the article offered and how it differs from the referenced brand. Unless a vendor specifies otherwise, it is understood that the vendor is offering a referenced brand item as specified in the solicitation. The Court reserves the right to determine whether a substitute offer is equivalent to and meets the standards of quality indicated by the brand name references, and the Court may require the supply of additional descriptive material and a sample. 8 TCS-0405-RFP Rev. 4-05
  • 12. RFP 07-0601 - Jan Janitorial Services Section II Procurement and Evaluation Process 2.6 Minimum Qualifications To be considered for full evaluation and possible award, vendors must first meet the threshold minimum qualification requirements listed in the following table (minimum requirements can be met by combining experience, expertise, and resources of vendor and any proposed subcontractors): No. Minimum Qualifications 1 5 or more years experience working with like-size customers with public access buildings or government entities. 2 Vendor shall have all required licenses and permits to perform janitorial services. 3 Neither vendor nor any of its proposed subcontractors are currently under suspension or debarment by any state or federal government agency and neither vendor nor any of its proposed subcontractors are tax delinquent with the State of California or Federal Government (reference Exhibit 5, Attachment A, Vendor Certification Form). 4 Contractor shall obtain a Surety/Fidelity Bond in the amount of $100,000.00 to guarantee replacement of Court property damaged and/or theft or diversion of Court or Court employee’s property by Contractor’s employees. 5 Contractor shall maintain proof of liability insurance during the contract period (see Attachment 1, Section 14) including General Liability & Workers Compensation. The vendor must state specifically in its Executive Summary (see Section 3.1) how it will comply with each minimum qualification specified above. Subject to the Court’s right in its complete discretion to waive minor deviations or defects, only those proposals that meet all of the foregoing minimum qualifications shall be considered for a full evaluation and a possible contract award. Vendors who fail to meet any of the listed minimum qualifications will be notified in writing, and will have three (3) business days from receipt of such notification to file proof that all such qualifications are met. 2.7 Evaluation Criteria Proposals will be evaluated to determine the proposal or proposals that offers the best value to the Court. The evaluation will be based upon the following criteria, listed in order of descending priority. Although some factors are weighted more than others, all are considered necessary, and a proposal must be technically acceptable in each area to be eligible for award. With regards to cost, the Court reserves the right, in its sole discretion, to reject any proposal whose price is outside of the competitive range. a. Experience on similar assignment. b. Cost/Pricing factors. c. Reasonableness of cost projections d. Financial viability and stability e. Credentials of staff to be assigned to the project. f. Ability to meet timing requirements to complete the project. g. References. h. Completeness of Proposal i. Proposed Work Plan 9 TCS-0405-RFP Rev. 4-05
  • 13. RFP 07-0601 - Jan Janitorial Services Section II Procurement and Evaluation Process 2.8 Interviews and Negotiations 2.8.1 Interviews Following the initial screening of proposals, the Court reserves the right to require, and each vendor must be prepared to conduct, oral presentations and other discussions (written or verbal) on the content of its proposal. If the Court determines that interviews or presentations are required, selected vendors will be notified in writing of the date, place, time and format of the interview or presentation. Vendors will be responsible for all costs related to the interview, which, at the Court’s sole discretion, may be in-person and/or by teleconference. Failure to participate in such interviews or presentations shall result in a vendor’s disqualification from further consideration. 2.8.2 Negotiations If the Court desires to enter into negotiations, they will do so with one or more vendors, at their discretion. If the Court enters into negotiations and no contract is reached, the Court can negotiate with the other vendors or make no award under this RFP. The Court reserves the right to award a contract, if any, without negotiations. 2.8.3 Payment Payment terms will be in accordance with the payment provisions of Exhibit 1, Contract Terms and Conditions. Payment is made based upon completion of tasks as provided in the contract between the Court and any selected vendor. Payment will be made in arrears, after receipt of a proper invoice. THE COURT DOES NOT MAKE ANY ADVANCE PAYMENT FOR GOODS OR SERVICES. 2.8.4 News Releases News releases pertaining to the award of any contract resulting from this solicitation may not be made by a vendor without the prior written approval of the Contract Specialist, as noted in Section 2.1.1. 2.9 Award of Contract The Evaluation Committee will make a final recommendation for award of the contract. Upon award, the successful vendor(s) will be required to execute a Contract in accordance with the Statement of Work in Section IV and the General Conditions in Section V, and provide a certificate of insurance in conformance with the requirements set forth in the General Conditions within thirty (30) business days of award. The period for execution of the Contract may be changed by mutual contract of the parties. Contracts are not effective until signed by both parties. 2.10 Protest Procedures 2.10.1 General Failure of vendor to comply with the protest procedures set forth in this Section 2.10, will render a protest inadequate and untimely, and will result in rejection of the protest. In no event shall a protest be considered if all submittals are rejected or after a contract has been executed. 2.10.2 Prior to Submission of Proposal An interested party that is an actual or prospective vendor with a direct economic interest in the procurement may file a protest based on allegedly restrictive or defective specifications or other improprieties in the solicitation process that are apparent, or should have been reasonably discovered prior to the submission of a proposal. Such protest must be received prior to the Proposal Closing Time. The protestor will have exhausted all administrative remedies specified in Section 2.3.1, Request for Clarification or Modifications; Section 2.3.2, Ambiguity, 10 TCS-0405-RFP Rev. 4-05
  • 14. RFP 07-0601 - Jan Janitorial Services Section II Procurement and Evaluation Process Discrepancies, Omissions; Section 2.3.4, RFP Addenda; and this Section as applicable, prior to submitting the protest. Failure to do so may be grounds for denying the protest. 2.10.3 After Award A vendor submitting a proposal may protest the award based on allegations of improprieties occurring during the proposal evaluation or award period if it meets all of the following conditions: a. The vendor has submitted a proposal that it believes to be responsive to the solicitation document. b. The vendor believes that its proposal meets the administrative and technical requirements of the solicitation, proposes items and/or services of proven quality and performance, and offers a competitive cost; and c. The vendor believes that the Court has incorrectly selected another vendor submitting a proposal for an award. Such protests must be received no later than five (5) business days after the protesting party receives a no-award notification. 2.10.4 Form of Protest A vendor who is qualified to protest should submit the protest to the individual listed in the Submission of Proposal section of this RFP who will forward the matter to the appropriate Contracting Officer. a. The protest must be in writing and sent by certified or registered mail or delivered personally to the address noted above. If the protest is hand- delivered, a receipt must be requested. b. The protest shall include the name, address, telephone and facsimile numbers of the party protesting or their representative. c. The title of the solicitation document under which the protest is submitted shall be included. d. A detailed description of the specific legal and factual grounds of protest and any supporting documentation shall be included. e. The specific ruling or relief requested must be stated. The Court, at its discretion, may make a decision regarding the protest without requesting further information or documents from the protestor. Therefore, the initial protest submittal must include all grounds for the protest and all evidence available at the time the protest is submitted. If the protestor later raises new grounds or evidence that was not included in the initial protest but which could have been raised at that time, the Court will not consider such new grounds or new evidence. 2.10.5 Determination of Protest Submitted Prior to Submission of Proposal Upon receipt of a timely and proper protest based on allegedly restrictive or defective specifications or other improprieties in the solicitation process that are apparent, or should have been reasonably discovered prior to the submission of a proposal, the Court will provide a written determination to the protestor prior to the Proposal Closing Time. If required, the Court may extend the Proposal Closing Time to allow for a reasonable time to review the protest. If the protesting party elects to appeal the decision, the protesting party will follow the appeals process outlined below and the Court, at its sole discretion, may elect to withhold the contract award until the protest is resolved or denied or proceed with the award and implementation of the contract. 11 TCS-0405-RFP Rev. 4-05
  • 15. RFP 07-0601 - Jan Janitorial Services Section II Procurement and Evaluation Process 2.10.6 Determination of Protest Submitted After Submission of Proposal Upon receipt of a timely and proper protest, the Court will investigate the protest and will provide a written response to the vendor within a reasonable time. If the Court requires additional time to review the protest and is not able to provide a response within ten (10) business days, the Court will notify the vendor. If the protesting party elects to appeal the decision, the protesting party will follow the appeals process outlined below and the Court, at its sole discretion, may elect to withhold the contract award until the protest is resolved or denied or proceed with the award and implementation of the contract. 2.10.7 Appeals Process The Contracting Specialist’s decision shall be considered the final action by the Court unless the protesting party thereafter seeks an appeal of the decision by filing a request for appeal with the Court Executive Officer noted in Section 2.1.1 within five (5) calendar days of the issuance of the Contracting Specialist’s decision. The justification for appeal is limited to: A. Facts and/or information related to the protest, as previously submitted, that were not available at the time the protest was originally submitted; or B. The Contracting Officer’s decision contained errors of fact, and that such errors of fact were significant and material factors in the Contracting Officer’s decision; or C. The decision of the Contracting Officer was in error of law or regulation. The request for appeal shall include: (1) The name, address telephone and facsimile numbers of the vendor filing the appeal or their representative; (2) A copy of the Contracting Officer’s decision; (3) The legal and factual basis for the appeal; and (4) The ruling or relief requested. Issues that could have been raised earlier will not be considered on appeal. Upon receipt of a request for appeal, the Court Executive Officer will review the request and the decision of the Contracting Specialist and shall issue a final determination. The decision of the Court Executive Officer shall constitute the Court’s final action. 2.10.8 Protest Remedies If the protest is upheld, the Court will consider all circumstances surrounding the procurement in its decision for a fair and reasonable remedy, including the seriousness of the procurement deficiency, the degree of prejudice to the protesting party or to the integrity of the competitive procurement system, the good faith efforts of the parties, the extent of performance, the cost to the Court, the urgency of the procurement, and the impact of the recommendation(s). The Court may recommend ay combination of the following remedies: a. Terminate the contract for convenience; b. Re-compete the contract; c. Issue a new solicitation; d. Refrain from exercising options to extend the term under the contract, if applicable; e. Award a contract consistent with statute or regulation; or f. Other such remedies as may be required to promote compliance. 12 TCS-0405-RFP Rev. 4-05
  • 16. RFP 07-0601 - Jan Janitorial Services Section III Proposal Format and Content III. PROPOSAL FORMAT AND CONTENT Responsive proposals should provide straightforward, concise information that satisfies the requirements of this solicitation. Expensive bindings, color displays, and the like are not necessary or desired. Emphasis should be placed on conformity to the Court’s instructions, requirements of this solicitation, and the completeness and clarity of content. 3.1 Executive Summary 3.1.1 Executive Summary Content The vendor must provide an Executive Summary of its proposal. The Executive Summary should be a “high-level”, general overview of how the vendor proposes to accomplish the requirements of this RFP. The Executive Summary should demonstrate the vendor’s understanding of the requirements. The vendor must also address in this section how it meets the minimum qualification requirements in Section 2.6. 3.1.2 Vendor Information, Validity, and Authorized Signature The Executive Summary should include the vendor information, validity period, and authorized signature, as required in Section 2.4.5. 3.2 Company and Subcontractor Information 3.2.1 Company Background Information The Court requires the vendor to be a reputable company of strong financial standing and experience in janitorial services. The vendor’s proposal must provide the information requested below. If the vendor is a joint venture, information about the Prime Contractor and the Subcontractor must be submitted separately. The information to be provided is as follows: a. Complete name and address. b. Federal tax identification number. c. If incorporated, state in which incorporated. d. A short narrative description of the vendor’s organization, including organization charts and indication of company officers where applicable. e. Principal type of business. f. Total number of years in business. g. Number of years providing products and services similar in size and scope to those requested in this RFP. h. An audited profit and loss statement and balance sheet for the vendor’s last three (3) fiscal years. If a company is privately owned, Court will keep this information confidential. These financial statements must be contained in a separate volume. i. Significant transactional events in the past five (5) years such as: bankruptcies, mergers, acquisitions, initial public offerings (IPO's). j. Annual contract value of the vendor’s three (3) largest contracts for similar products and services in the past three (3) years. k. Percent of turnover of service staff for each of the last three (3) years in the vendor’s organization that will be responsible for providing products and services described in this RFP (e.g. Account Manager, Customer Service personnel, etc.). l. If subcontractors are proposed for this RFP, describe the vendor’s contract management process for subcontractors included in the vendor’s proposal and provide copies of signed formal contracts (e.g., teaming contracts or any other 13 TCS-0405-RFP Rev. 4-05
  • 17. RFP 07-0601 - Jan Janitorial Services Section III Proposal Format and Content legally binding document), if any exist, between the vendor and each proposed subcontractor. 3.2.2 Subcontractors If subcontractors are proposed for this RFP, provide the following information for each Subcontractor: a. Subcontractor name and address. b. Federal identification and/or social security number. c. If incorporated, state in which incorporated. d. A short narrative of the subcontractor’s organization, including organization charts and indication of company officers where applicable. e. Principal type of business. f. Total number of years in business. g. Number of years providing services similar in size and scope to those requested in this RFP. h. An audited profit and loss statement and balance sheet for the Subcontractor’s last three (3) fiscal years. If a company is privately owned, Court will keep this information confidential. These financial statements must be contained in a separate volume. i. Significant transactional events in the past five (5) years such as: bankruptcies, mergers, acquisitions, initial public offerings (IPO's). j. Percent of turnover of service staff for each of the last three (3) years in the Subcontractor’s organization that will be responsible for providing services described in this RFP (e.g. Account Manager, Customer Service personnel, etc.). 3.3 Company Profile and California Locations Vendor shall provide a short description of its company. In addition, the vendor shall list all of its California locations and shall include a statement as to whether it can provide products and services to each Court location, as listed in Attachment B. The vendor shall list any locations where it cannot provide products and services. 3.4 Experience and Qualifications 3.4.1 Prior Experience and References The Court requires the vendor and its subcontractors to have prior experience in all aspects of the products and services described in this RFP for customers similar to or with relevance in the size, complexity and scope of this RFP. Vendor shall: Describe the vendor’s experience as it pertains to providing products and services similar in size, complexity and scope to those required under this RFP and in the manner required pursuant to this RFP. Provide the names, addresses, and telephone numbers for a minimum of five (5) customers for whom the vendor has provided similar products and services within the last 18 months. The vendor should include a brief description of the scope of products and services provided to the customer and the duration of the contract. The Court may contact some or all of the references provided in order to determine the vendor’s performance record. The Court reserves the right to contact references other than those provided in the proposal and to use the information gained from them in the evaluation process. 14 TCS-0405-RFP Rev. 4-05
  • 18. RFP 07-0601 - Jan Janitorial Services Section III Proposal Format and Content If the vendor’s cost proposal includes re-manufactured or compatible products, the vendor’s references must include customers that have used the re-manufactured or compatible products. 3.4.2 Subcontracts If the vendor intends to subcontract, describe the vendor’s experience with each of the proposed subcontractors. For each proposed subcontractor provide the names, addresses, and telephone numbers for a minimum of three (3) customer references, for products and services similar to those described in this RFP. The vendor should include a brief description of the scope of products and services provided to the customer and the duration of the contract. 3.5 Technical Approach and Methodology 3.5.1 Work Plan and Methodology Vendor shall provide a project plan that describes how the vendor intends to provide the requested services of the Statement of Work - Exhibit 3 - per Exhibit 5, Attachment D. 3.5.2 Customer Service Describe the level of customer service that will be provided, including procedures that will ensure consistency and problem escalation and resolution. The description should include, but is not limited to: • Customer service organizational structure • Contact process (phone, email, fax, etc.) • Follow up process • Internal procedures to track customer service contact and resolution • Escalation process to resolve outstanding customer service issues 3.5.3 Reports Vendor shall describe the common reports that are available to the Court. Include the type of report, the information provided in the report, the frequency of the report, the process to request the report, and the process used to deliver the report. Vendors are encouraged to include a sampling of common reports. Court-requested reports may include, but are not limited to: Quarterly statements of hours worked per facility; Monthly logs of service for specific high- volume areas, such as public restrooms; Product usage reports; and additional reports as reasonably requested. 3.5.4 Invoicing Vendor shall describe its invoicing process, including but not limited to the following: • Description of vendor’s billing system • Availability of consolidated billing and process for consolidated billing • Frequency of billing (weekly, monthly, etc.) • Examples of invoices currently in use 3.6 Cost Proposal 3.6.1 Government Rates It is expected that all vendors responding to this solicitation will offer the vendor’s government or most favorable comparable rates. 3.6.2 Pricing and Price Adjustments Vendor must submit pricing as required by Exhibit 4, Pricing Sheets, and Exhibit 5, Attachment E. Pricing shall be all inclusive and consider all anticipated charges, including but not limited to: the cost of labor, the cost of materials and supplies, the cost of providing insurance (as 15 TCS-0405-RFP Rev. 4-05
  • 19. RFP 07-0601 - Jan Janitorial Services Section III Proposal Format and Content required in the solicitation document), taxes, and other costs or expenses incidental to the vendor’s performance. Prices for consumable supplies - as noted in Exhibit 3, Part II, Tools, Equipment & Supplies, Section 7.2 – are not to be included in Pricing proposal. The Court is exempt from federal excise taxes and no payment will be made for any taxes levied on the vendor’s or any Subcontractor’s employee’s wages. Local taxes – on consumables, only - shall be included as a separate line item on a vendor’s invoice. The vendor’s cost proposal must describe how price increases, after the initial term, will be minimized and capped and how increases will be passed on to Court if the contract is renewed. 3.7 Required Proposal Forms and Documents 3.7.1 Required Forms a. Cost Proposal – Exhibit 4 and Exhibit 5, Attachments D and E(sealed in a separate envelope in accordance with Section 2.4.1) b. Vendor Certification Form – Exhibit 5, Attachment A c. Trade Secret Acknowledgement – Exhibit 5, Attachment B d. Non-Collusion Statement - Exhibit 5, Attachment C 3.7.2 Acceptance of Terms The requested services will be provided pursuant to the General Terms and Conditions, as stated in Exhibit 1, Contract Terms and Conditions. Submittal of a proposal indicates that the vendor accepts the General Terms and Conditions. The vendor will be deemed to have accepted such terms and conditions, except as is expressly called out in the vendor’s proposal. If exceptions are taken, vendor must submit a “redlined” version of the term or condition showing all modifications proposed by the vendor. The vendor must provide an explanation as to why the modification is required. The vendor’s willingness to accept the General Conditions, with minor clarifications, shall be an affirmative factor in the evaluation of the vendor’s proposal. Although the Court will consider alternate language proposed by a vendor, the Court will not be bound by contract language received as part of a prospective vendor’s response. If the vendor requires that some or all of the vendor’s proposed contract language bind the Court, the proposal may be considered non-responsive and may be rejected. 16 TCS-0405-RFP Rev. 4-05
  • 20. RFP 07-0601 - Jan Janitorial Services Section IV Statement of Work IV. STATEMENT OF WORK 4.1 Description of Services to be Provided 4.1.1 General Description Full-service janitorial work will be provided per specifications listed in Exhibit 3, Statement of Work, for all sites listed in Exhibit 2, Court Locations. 4.1.2 Technical Specifications for Janitorial Service Contractor will perform the specific tasks with frequency as listed in Exhibit 3, Part 1 and will be held to the specific Standards of Performance per Exhibit 3, Part II. Contractor will hold all licenses or permits that are legally required to perform these tasks and Required Forms, as attached per Exhibit 5, will be submitted along with the proposal. 4.2 Customer Service The vendor’s customer service process shall ensure that all customer service issues are addressed in a consistent manner, including problem escalation and resolution. The customer service process includes, but is not limited to: • Customer service organizational structure • Contact process (phone, email, fax, etc.) • Follow up process • Internal procedures to track customer service contact and resolution • Escalation process to resolve outstanding customer service issues 4.3 Acceptance of Service All Work provided by Contractor under this Contract is subject to acceptance by the Court’s Facilities Director or his designee. Court will apply the criteria set forth in Exhibit 3 – Statement of Work (including timeliness, completeness, technical accuracy and conformance to industry or marketplace standards) to determine acceptance or non-acceptance of the Work. If the Work is not acceptable, the Facilities Director shall detail the failure to meet the acceptance criteria. Contractor shall have one business day from notification to correct the failure(s) to conform. 4.4 Invoicing The Facilities Director or designee will approve payment upon acceptance of work. Each building will be invoiced separately for services received. Invoices will be addressed to the Facilities Director, as noted in Section 2.1.1. The following information must be included on the invoice: • Vendor’s name, address and telephone number • Name and address of vendor representative to whom payments are to be sent if different from the above. • Name, title and telephone number of the person to contact in case of an incomplete or incorrect invoice. • Description of goods provided or services performed, including product usage. 17 TCS-0405-RFP Rev. 4-05
  • 21. RFP07-0601 - Jan Janitorial Services Section V General Conditions V. GENERAL CONDITIONS The following Contract, Exhibit 1, incorporates by reference Exhibits 1 through 5, collectively “the Contract Documents.” All Terms and Conditions are listed in Exhibit 1. 18 TCS-0405-RFP Rev. 4-05
  • 22. RFP 07-0601 - Jan Janitorial Services Section VI Exhibits & Attachments VI. EXHIBITS AND ATTACHMENTS CONTRACT DOCUMENTS Exhibit 1 Contract Terms & Conditions Exhibit 2 Court Locations, Hours of Operation, Holiday Schedule Exhibit 3 Statement of Work: Task Schedules & Performance Standards Exhibit 4 Pricing Sheets (Excel), and Floor Plans (Visio) Exhibit 5 REQUIRED FORMS Attachment A Vendor Certification Form Attachment B Trade Secret Acknowledgment Attachment C Non-Collusion Statement Attachment D Proposed Scope of Services Attachment E Facility Cost Proposal 19 TCS-0405-RFP Rev. 4-05
  • 23. RFP 07-0601 - Jan Janitorial Services Exhibit 1 Contract Terms & Conditions EXHIBIT 1 CONTRACT TERMS AND CONDITIONS Agreement between Superior Court of California, County of Fresno and (Contractor) This Agreement is made between [Contractor name], [address], California, [zip code] (“Contractor”) and the Superior Court of California, County of Fresno, an entity of the State of California (“Court”). Background a. Court has the need for Janitorial Services for the main Courthouse, North Annex Jail and several outlying courts. b. Court has issued a Request for Proposal for Janitorial Services on June 1, 2007. c. Based on Contractor’s response to RFP #07-0601 – Jan, Contractor’s experience, and ability to provide the requested services, Court has elected to award a contract to Contractor. In consideration of their mutual promises, and subject to the attached terms and conditions, the parties agree as follows: 1. Term and Effective Date of Agreement This Agreement shall be effective from July 1, 2007 through June 30, 2010, with the option to renew for up to three (3) one year terms. This Agreement is of no force or effect until signed by both parties. Contractor shall not perform any of its obligations under this Agreement, until this Agreement is fully executed. 2. Contract Documents Incorporated into this Agreement are the following attachments (collectively, “the Contract Documents”): (1) this Contract Cover Sheet(s); (2) Exhibit 1 - Contract Terms and Conditions; (3) Exhibit 2 – Court Locations, Hours and Holiday Schedule; (4) Exhibit 3 – Statement of Work, Parts I and II; (5) Exhibit 4 – Floor Plans and Pricing Sheets; and (6) Exhibit 5 – Attachments A, B & C. In the event of a conflict between the terms of the Contract Documents, the following order of precedence shall govern and determine which terms will prevail: Exhibit 1, Exhibit 3, Exhibit 4. Any Amendments to this Agreement, starting with the most recent, shall take precedence over the existing Contract Documents. In the event of a conflict between an Amendment and the terms of any other Contract Document, the terms of the Amendment shall prevail. 3. Contract Amount The Contract Amount shall not exceed $________. 20 TCS-0405-RFP Rev. 4-05
  • 24. RFP 07-0601 - Jan Janitorial Services Exhibit 1 Contract Terms & Conditions 3. Representatives: A. Notices: Notices, as may be required in the Agreement, will be provided to the following: COURT: CONTRACTOR: Tim Wilson [name of individual to receive notices] Director of Facilities [title ] 1999 Tuolumne Street, ste 802 [street address for notice] Fresno, CA 93721 [State and zip code] B. Project Management: The roles and responsibilities of the Court’s Facilities Director and the Contractor’s Project Lead, named below, are outlined in the Agreement. COURT FACILITIES DIRECTOR CONTRACTOR PROJECT LEAD Tim Wilson [name of individual] Facilities Director [title] 1999 Tuolumne Street, ste 802 [street address] Fresno, Ca 93721 [State and zip code] SIGNATURES [Contractor] Superior Court of California, County of Fresno Signature: Signature: Name: Name: Hillary A. Chittick Title: Title: Presiding Judge, Superior Court of California County of Fresno Date: Date:: End of Contract Cover Sheet 21 TCS-0405-RFP Rev. 4-05
  • 25. RFP 07-0601 - Jan Janitorial Services Exhibit 1 Contract Terms & Conditions DEFINITIONS Terms defined below and elsewhere shall apply to the RFP and Contract as defined. 1. “Amendment”: written document signed by both Contractor and Court, modifying the Contract and identifying any of the following: (1) change in the Work; (2) change in Contract Amount; (3) change in schedule for delivery and performance of Work; or (4) any change to other terms and conditions. 2. “Bidder”: Party or parties submitting a proposal for the specified Work. 3. “Confidential Information”: (i) any financial, statistical, personal, technical, or other data or information that is designated confidential by a party to this Contract, (ii) all information related to the business of the Court that may be obtained orally, in writing, or from any source, or on any Court mainframe, Court or judicial branch computer network or workstation, and all software, whether owned or licensed by Court and whether accessed by Contractor by direct or remote access method, (iii) any information relating to the methods, processes, financial data, lists, apparatus, statistics, programs, research, development, or related information of the Court concerning services to the Court, and (iv) information relating to Court personnel and Court users. Confidential Information does not include: (i) information that is already known by the receiving party, free of obligation of confidentiality to the disclosing party; (ii) information generally and lawfully available to the public, other than as a result of disclosure by the receiving party in breach of this Contract; (iii) information independently developed by the receiving party without reference to the Confidential Information; and (iv) information that the receiving party rightfully receives from a Third Party free of any obligation of confidentiality. 4. “Contract”: entire integrated Contract, including all Contract documents, exhibits, attachments, and amendments incorporated therein, signed by Court and Contractor, for performance of the Work. 5. “Contract Amount”: total dollar amount of the Contract. 7. “Contract Documents”: The collection of the following Exhibits and Attachments of RFP 07- 0601 – Jan which are incorporated into the Contract : (1) the Contract Cover Sheet(s); (2) Exhibit 1 - Contract Terms and Conditions; (3) Exhibit 2 – Court Locations, Hours and Holiday Schedule; (4) Exhibit 3 – Statement of Work, Parts I and II; (5) Exhibit 4 – Floor Plans and Pricing Sheets; and (6) Exhibit 5 – Attachments A, B, C & D. 8. “Contractor”: individual or entity, contracting with Court to do the agreed Work. Contractor is a party to this Contract. 9. “Court”: The Superior Court of California, County of Fresno. Court is a party to this Contract. 10. “Facilities”: Collectively, the buildings located in Fresno County, California, which are included under this Contract as listed in Contract Documents, Exhibits 2 & 4. 11. “Material”: all types of tangible personal property, including but not limited to goods, supplies, equipment, commodities, and information and telecommunication hardware and software. 12. “Notice”: written document signed by an authorized representative of either party to this Contract, providing formal notification and sent by either: depositing in the U. S. Mail or commercial express mail, first-class and prepaid with return-receipt requested, to the address of the authorized representative of the other party. Such Notice will be effective on the post- 22 TCS-0405-RFP Rev. 4-05
  • 26. RFP 07-0601 - Jan Janitorial Services Exhibit 1 Contract Terms & Conditions marked date; or hand-delivery to the other party’s authorized representative, as set forth in the Contract. Such Notice shall be effective on the date of receipt. 13. “Facilities Director”: Court representative who will operate as the main interface between Contractor and the Court regarding the Work to be performed under this Contract. 14. “RFP”: This Request for Proposal. 15. “Stop Work Order”: written Notice to Contractor from Court, directing Contractor to stop performance of Work for a specified period, not to exceed ninety (90) days following delivery of the order to Contractor, or for a longer period by mutual Contract of the parties. 17. “Subcontractor”: a person or business entity that has a Contract (as an "independent Contractor" and not an employee) with Contractor to provide some portion of the Work of this Contract. 18. “Task”: one or more functions, services, or actions, as specified in the Contract, to be performed by Contractor for the Court. 19. “Third Party”: any individual or entity not a party to the Contract. 20. "Work": any or all labor, services, equipment, supplies, Materials, Tasks, and any other items or activities necessary for the performance and completion of Contractor’s obligations in compliance with the requirements of the Contract. Work may also include Tasks and/or Submittals required by individual work order(s). GENERAL TERMS AND CONDITIONS 1. Accounting Contractor will maintain a system of accounting and internal controls that meets Generally Accepted Accounting Principles (U.S. GAAP). 2. Audits; Retention of Records A. Audit. Upon reasonable Notice, Contractor will provide to Court, to any federal or state entity with monitoring or reviewing authority, or to Court’s authorized representatives, access to and the right to examine and audit all records and documents relating to performance and billing under this Contract, and, as necessary, to determine compliance with relevant federal, state, and local statutes, rules, and regulations. Contractor agrees to provide Court with all relevant information requested, and will permit access to its premises at reasonable times, for the purpose of interviewing employees and inspecting and copying any relevant records. Since this Contract exceeds Ten Thousand and no/100 Dollars ($10,000.00), Contractor shall be subject to the examination and audit of the Auditor General for a period of three (3) years after final payment under contract (Government Code §10532). B. Retention of Records. Contractor will maintain all financial information, supporting documents, and all other records relating to performance and billing under this Contract for a period in accordance with state and federal law. The minimum retention period will be four years from the date of the submission of the final payment request or until audit findings are resolved, whichever is later. 23 TCS-0405-RFP Rev. 4-05
  • 27. RFP 07-0601 - Jan Janitorial Services Exhibit 1 Contract Terms & Conditions 3. Assignment Contractor will not assign its rights or obligations under this Contract, either in whole or in part, without the prior written consent of Court, in the form of an Amendment. Any attempted assignment in violation of this clause shall be null and void. 4. Choice of Law; Jurisdiction and Venue A. Choice of Law. This Contract and performance under it will be exclusively governed by the laws of the State of California without regard to its conflict of law provisions. B. Jurisdiction. Contractor irrevocably consents to the exclusive jurisdiction of the state and federal courts located in California in any legal action concerning or relating to this Contract. 5. Certifications and Representations Contractor’s signature on the cover page shall also serve as certification for the following Paragraphs, A- G below. A. ADA Compliance. Contractor certifies that it and its Subcontractors comply with applicable provisions of the Americans with Disabilities Act (“ADA”) of 1990 (42 U.S.C. § 012101 et seq.), which prohibits discrimination on the basis of disability, as well as with all applicable regulations and guidelines issued pursuant to the ADA. B. FEHA Compliance. Contractor certifies that it and its Subcontractors comply with all applicable provisions of the Fair Employment and Housing Act, Cal. Gov. Code, § 12990 et seq., and all applicable regulations promulgated under Cal. Code of Regulations, title 2, § 7285 et seq. Contractor certifies that it and its Subcontractors will not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, disability, marital status, age (over 40), sex, or sexual orientation. Contractor will ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor certifies that it and its Subcontractors will not unlawfully harass, including sexually harass, any persons with whom Contractor or its Subcontractors interact in the performance of this Work. Contractor and its Subcontractors will take all reasonable steps to prevent such harassment. C. Drug-free Workplace. Contractor certifies that it and its Subcontractors will provide a drug-free workplace as required by Cal. Gov. Code, § 8355-8357. D. Labor/Collective Bargaining. Contractor certifies that it and its Subcontractors will provide Notice of their obligations under the foregoing provisions to labor organizations with which it or they have collective bargaining Contracts, prior to execution of this Contract. E. National Labor Relations Board (NLRB) Certification. Contractor certifies that, within the immediately preceding two-year period, no more than one final, unappealable finding of contempt of court by a federal court has been issued against Contractor because of Contractor's failure to comply with an order of the National Labor Relations Board. F. Prohibition Against Hiring Court Employees. Contractor certifies and will require all Subcontractors to certify to the following: “Former Court employees will not be offered employment position for two years from the date of separation, if that employee participated in the decision-making process relevant to the Contract, or for one year from the date of separation if that employee was in a policy-making position in the same general subject area as the proposed Contract, within the prior twelve-month period of Court employment.” 24 TCS-0405-RFP Rev. 4-05
  • 28. RFP 07-0601 - Jan Janitorial Services Exhibit 1 Contract Terms & Conditions 6. Changes in Work; Stop Work A. Changes in Work. A.1. Court reserves the right to require Contractor to make changes in the Work, which may include additions, deletions, or modifications to the Work, or changes in the timing or level of effort for the Work. Contractor may also request additions, deletions or modifications to the Work A.2. For any change proposed by Court or Contractor, Contractor will submit in writing: a) A description of the proposed change and the reasons for the change; b) A summary of the total compensation to be paid Contractor with a breakdown of Tasks and costs, including any increase or reduction in work or costs resulting from the change; and c) A statement of the expected impact on schedule. A.3. If, with respect to any change requested by Court, the Court agrees to the terms submitted by Contractor under this section, Contractor will undertake such change following execution of an Amendment documenting such change(s). If Court and Contractor agree on any change requested by Contractor, Contractor may undertake such change following execution by the parties of an Amendment documenting such change(s). A.4. If the parties cannot agree to the terms of a change, Contractor will proceed diligently with Work unless otherwise directed by Court, and any continuing disagreement will follow the dispute resolution process set forth in Section 11. Contractor should not proceed with any change prior to receiving a written directive or Amendment from Court. All costs for changes performed by Contractor without Court’s prior written approval will be at Contractor’s sole risk and expense. B. Stop Work. B.1. Court may, at any time, by delivery of a written Stop Work Order to Contractor, require Contractor to stop any or all of the Work, for ninety days after the Stop Work Order is delivered to Contractor, and for any further period to which the parties may agree. B.2. Upon receipt of the Stop Work Order, Contractor will immediately comply with its terms and take all reasonable steps to minimize the costs incurred to Court during the applicable Stop Work period. Within ninety days after a Stop Work Order is delivered to Contractor, or within any mutually agreed extension of that period, Court will either cancel the Stop Work Order or terminate the Work, as provided in Section 22 of this document. B.3 If a Stop Work Order is cancelled, or the period of the Stop Work Order or any extension thereof expires, Contractor will resume Work. Court may make an equitable adjustment in the delivery schedule, the Contract Amount, or both, if (a) the Stop Work Order increases Contractor’s costs or the time required for performance; and (b) Contractor asserts its right to an equitable adjustment within thirty days after the end of the applicable Stop Work period. B.4 If a Stop Work Order is not canceled and the Work covered by the Stop Work Order is terminated other than for cause, Court may allow reasonable costs resulting from the Stop Work Order. B.5 Court will not be liable to Contractor for loss of profits because of any Stop Work Order. 7. Confidential Information A. Requirements of Strict Confidence. While performing Work under this Contract, Contractor and its Subcontractors may gain access to Confidential Information that, if disclosed to Third Parties, may be damaging to Court, its personnel, court users, or other government entity. Neither Contractor nor its Subcontractors acquires any right or title to the Confidential Information, and Contractor and its Subcontractors agree not to disclose any Confidential Information to any Third Party. All Confidential Information disclosed to Contractor or its Subcontractor will be held in strict confidence and used only in performance of Work under this Contract. In the event of any unauthorized disclosure or loss of 25 TCS-0405-RFP Rev. 4-05
  • 29. RFP 07-0601 - Jan Janitorial Services Exhibit 1 Contract Terms & Conditions Confidential Information, Contractor will immediately provide Notice to Court, with pertinent details of the unauthorized disclosure or loss, and any remedial measures taken. B. Permissible Disclosures. Contractor may disclose Court’s Confidential Information on a “need to know” basis to Contractor’s employees and Subcontractors and any representatives of Court that are working on the project. Additionally, Contractor may disclose the Confidential Information, to the extent necessary to (i) comply with any applicable law, rule, regulation, or ruling; (ii) respond to any enforceable summons or subpoena; or (iii) enforce its rights under this Contract. 8. Conflict of Interest; Prohibition Against Gratuities A. Conflict of Interest. A.1 Contractor covenants that it and its Subcontractors presently have no interest, and will acquire no interest, which would directly or indirectly conflict in any manner or to any degree, with the full and complete performance required under this Contract. Contractor further agrees to submit full disclosure statements, if required by law to do so, pursuant to the requirements of the California Fair Political Practices Act or any other applicable federal or state law, regulation, or conflict of interest code. A.2 Contractor and its Subcontractors and employees will not participate in proceedings that involve the use of Court funds or that are sponsored by Court if the Contractor, its Subcontractors, or their employees, principals, partners, family members, or organizations have a financial interest in the outcome of the proceedings. A.3 Contractor and its Subcontractors and employees will not engage in actions resulting in, or creating the appearance of: a) use of an official position with the government for private gain; b) preferential treatment to any particular person associated with this Work or Contract; c) impairment of Court’s independence or impartiality; d) a decision made outside official channels; or e) adverse effects on the confidence of the public in the integrity of Court. B. Prohibition Against Gratuities. B.1 Contractor covenants that no gratuities, in the form of entertainment, gifts, or otherwise, were offered by Contractor or any agent, director, or representative of Contractor, to any officer, official, agent, or employee of Court, in an effort to secure the Contract or favorable treatment with respect to any determinations concerning the performance of the Contract. B2. For any breach or violation of this covenant, Court has the right to terminate the Contract for cause, whether whole or in part. Any loss or damage sustained by Court in procuring, on the open market, replacement goods or services that Contractor agreed to provide, will be borne and paid for by Contractor. Court’s rights and remedies under this provision are in addition to any other rights and remedies provided by law or under this Contract. 9. Consideration The consideration paid to Contractor is the entire compensation for all Work performed under this Contract. A. Payment Does Not Imply Acceptance of Work. Court’s payment will not relieve Contractor from its obligation to replace unsatisfactory Work, even if the unsatisfactory character of such Work may have been apparent or detected at the time such payment was made. Work, that does not conform to requirements of this Contract will be rejected, and will be redone by Contractor, without delay or additional cost to Court. B. Disallowance. If Contractor receives payment from Court for a service or reimbursement that is later disallowed or rejected by the Court, Contractor will promptly refund the disallowed amount to Court 26 TCS-0405-RFP Rev. 4-05
  • 30. RFP 07-0601 - Jan Janitorial Services Exhibit 1 Contract Terms & Conditions upon Court’s request. At its option, Court may offset the amount disallowed from any payment due to Contractor, under this Contract or any other Contract. 10. Contractor Status A. Independent Contractor. A.1 Contractor, Subcontractors, and their officers, agents, employees, and all others acting on behalf of Contractor for this Work, act as independent Contractors and not as Court agents, officers or employees. Contractor has no authority to bind or incur any obligation on behalf of Court. Contractor has no authority or responsibility to exercise any rights or power vested in Court. A.2 This Contract will not be considered under any circumstance to create a joint-venture relationship. A.3 If any governmental entity concludes that Contractor is not an independent Contractor, Court may terminate this Contract immediately upon Notice. Alternatively, Contractor may agree to a reduction in Court’s financial liability, so that Court’s total costs under this Contract do not exceed the originally contemplated amount. B. Contractor’s Employees. B.1 Contractor’s employees will be entirely and exclusively under the direction, supervision, and control of Contractor. Contractor will determine all terms of employment including hours, wages, working conditions, discipline, hiring, and termination, or any other employment issues or requirements of law. B.2 On site employees must not have a criminal history and/or currently be on probation or parole. (This reference is not in violation of Labor Code §432.7). B.3 Contractor will issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's employees, consultants, and independent Contractors. B.4 If the Internal Revenue Service or any other federal or state governmental entity should investigate or challenge Contractor’s independent status with respect to Court, the parties agree that (i) each will inform the other party of such investigation or challenge; and (ii) Court will have the right, but not the obligation, to participate in any discussion or negotiation occurring with the federal or state entity, regardless who initiates such discussions or negotiations. B.5 Contractor will indemnify and hold Court harmless from all claims, costs, and liabilities resulting from third-party actions alleging an employment relationship between Court and any Contractor or Subcontractor personnel. C. Exclusive Control of Means and Method of Performance. Contractor will determine the method, details, and means of performing or supplying the Work under this Contract. Contractor will be responsible to Court only for the requirements and results specified in this Contract and more particularly as set forth in Exhibit 3 – Statement of Work, and will not be subjected to Court's control with respect to the physical action or activities of Contractor in fulfillment of this Contract. Contractor will have the “right to control” and bear the sole responsibility for the job site conditions and safety. D. Permits, Laws, and Regulations. D.1 Contractor must observe and comply with all applicable laws, rules, and regulations affecting the Work. During the term of this Contract, Contractor will obtain and keep in full force and effect, all permits and licenses necessary to accomplish the Work. Such permits and licenses will be made available to Court, upon request. D.2 Contractor will promptly provide Notice to Court of any conflict discovered between this Contract and any applicable laws, rules, regulations, and/or permits and licenses, and await resolution of the conflict. If Contractor proceeds with the Work in question without resolution of the conflict, Contractor will be solely liable for any costs, fines, penalties, or damages that accrue, including costs for remedial 27 TCS-0405-RFP Rev. 4-05
  • 31. RFP 07-0601 - Jan Janitorial Services Exhibit 1 Contract Terms & Conditions work required to comply with such requirements. D.3 Contractor shall plan and conduct the Work to comply with local, state, and federal government agencies' applicable rules, regulations, codes and/or ordinances to adequately safeguard persons and property from injury. Contractor shall direct the performance of the Work in compliance with reasonable safety regulations and Work practices and with applicable federal, state and local laws, rules and regulations, including but not limited to, "Occupational Safety and Health Standards" promulgated by the U.S. Secretary of Labor and Safety Orders of the California State Division of Occupational Safety and Health (Cal-OSHA). Court may require Contractor's employees to wear approved "hard hats" and also to observe reasonable safety precautions in addition to those in use or proposed by Contractor. Neither the giving of such special instructions by Court nor the adherence thereto by Contractor shall relieve Contractor of the sole responsibility to maintain safe and efficient working conditions. D.4 In compliance with California Public Utilities Code, §465, Contractor agrees to pay its employees the prevailing wages. For purposes of this paragraph, "prevailing wages" shall be deemed to include employer payments, if applicable, for health and welfare, pension, holidays, sick leave, vacation, apprenticeship, or other training programs when required. Public Utilities Code, §465(d), provides that the Director of the Department of Industrial Relations shall determine the prevailing wage for custodial or janitorial employees in accordance with the standards set forth in §1773 of the Labor Code. Failure to pay the prevailing wage, as determined by the Director of the Department of Industrial Relations shall be cause for the termination of the Contract. D.5 Contractor shall comply with all applicable state laws, rules and regulations, including, but not limited to, Public Utilities Code §§465 and 466, for the performance of the Work to be performed under this Contract. E. Subcontracting. E.1 Contractor will not engage a Subcontractor to perform any portion of this Work, without the express written consent of Court. Any Subcontracting without Court’s written consent is a material breach of this Contract. E.2 Contractor warrants and represents that all Subcontractors will be subject to and bound by the same terms and conditions applicable to Contractor under this Contract. Contractor will be liable for all acts or omissions for employees, Subcontractors or other Third Party performing service under this Contract, including any and all indemnity obligations. F. Signature Authority. Contractor has all requisite power and authority to conduct its business, and to execute and perform the Contract. 11. Dispute Resolution Court and Contractor will attempt, in good faith, to resolve any disputes informally. Contractor will meet with Court’s Facilities Director or other designated representative to discuss the matter and any actions necessary to resolve a dispute. A. Escalation. A.1 If a dispute remains unresolved following Notice by either party, each party’s Chief Executive Officer (“CEO”) or designated representative will meet to exchange information and attempt resolution within fifteen days of the effective date of the Notice. A.2 If the matter is not resolved as set forth in Section 11.A.1, the aggrieved party will submit a second Notice which will: a) provide detailed factual information; b) identify the specific provisions in this Contract on which any demand is based; c) advise if the demand involves a cost adjustment and, if so, provide the exact amount, accompanied by all supporting records; and 28 TCS-0405-RFP Rev. 4-05
  • 32. RFP 07-0601 - Jan Janitorial Services Exhibit 1 Contract Terms & Conditions d) attach a declaration that the demand is made in good faith, the supporting data are accurate and complete, and the amount requested properly reflects the necessary adjustment. Notice will be signed by an authorized representative of the aggrieved party. A.3 Each party will comply with reasonable requests for additional information. Any additional information will be provided within fifteen days after receipt of a written request, unless otherwise agreed. B. Confidentiality During Dispute Resolution. B.1 All dispute resolution negotiations are considered confidential, and will be treated as Compromise and Settlement negotiations, to which California Evidence Code §1152 applies. B.2 Pending final resolution of any dispute, Contractor agrees to proceed diligently with the performance of the Work, including Work associated with the dispute, unless otherwise directed by Court. Contractor’s failure to diligently proceed in accordance with Court’s instructions will be considered a material breach of the Contract. 12. Force Majeure A. Force Majeure events include, but are not limited to: 1.catastrophic acts of nature, or public enemy; 2. civil disorder; 3. fire or other casualty for which a party is not responsible; and 4. quarantine or epidemic. The party asserting a Force Majeure event will immediately provide Notice to the other party of the occurrence and nature of the Force Majeure event, and its expected impact on schedule. The party claiming Force Majeure will use commercially reasonable efforts to continue or resume performance, including alternate sources or means. Contractor will have no right to additional payment for costs incurred as a result of a Force Majeure event. B. Any assertion of a Force Majeure event by Subcontractors will be attributed to Contractor. 13. Indemnification A. To the fullest extent permitted by law, Contractor will indemnify, hold harmless, and defend (with counsel satisfactory to the Court) Court and its agents, officers, and employees from and against any and all claims, damages, losses, judgments, liabilities, expenses, and other costs, including litigation costs and attorneys’ fees, arising or resulting from, or in connection with, the performance or breach of this Contract by Contractor or its officers, employees, agents, representatives, or Subcontractors. Such indemnification will not include loss, damage, or expense arising from the sole negligence or willful misconduct of Court or its agents, officers, and employees. B. Contractor’s obligation to defend, indemnify, and hold Court and its agents, officers, and employees harmless is not limited to, or restricted by, any requirement in this Contract that Contractor procure and maintain a policy of insurance. 14. Insurance A. General Insurance Requirements. Contractor will obtain and maintain the minimum insurance set forth in subparagraph B, below. By requiring such minimum insurance, Court will not be deemed or construed to have assessed the risks applicable to Contractor. Contractor will assess its own risks, and if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. For full coverage, each insurance policy shall be written on an “occurrence” form; excepting that insurance for professional liability, when required, may be acceptable on a “claims made” form. If coverage is approved and purchased on a “claims made” basis, Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, for three years from the date of completion of the Work. 29 TCS-0405-RFP Rev. 4-05
  • 33. RFP 07-0601 - Jan Janitorial Services Exhibit 1 Contract Terms & Conditions B. Minimum Scope & Limits of Coverage. Contractor will maintain the following coverage: 1. Workers' Compensation at statutory requirements of the state of residency. 2. Employers' Liability with minimum limits of $1,000,000.00 for each accident. 3. Commercial General Liability Insurance with minimum limits of $1,000,000.00 for each occurrence, Combined Single Bodily Injury and Property Damage and Personal Injury. If coverage is subject to an aggregate limit, that aggregate limit will be twice the occurrence limit. 4. Business Automobile Liability Insurance with minimum limits of $1,000,000.00 for each occurrence, Combined Single Limit Bodily Injury and Property Damage, including owned and non-owned and hired automobile coverage, as applicable. 5. A Crime Insurance or Fidelity Bond covering the dishonest acts of employees furnished by Contractor. The limit shall not be less than $100,000 each occurrence. 6. Excess coverage, at the same limits specified for Comprehensive General Liability: Contractual Liability, Independent Contractor, Broadform Property Damage, Personal Injury, Product, and Completed Operation coverage. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to, and approved by, Court. The deductible and/or self-insured retentions will not limit or apply to Contractor’s liability to Court and will be the sole responsibility of Contractor. D. Endorsements; Additional Insureds. The General Liability policy will contain, or be endorsed to contain, the following provisions: 1. Court, its officers, officials, employees. a 2. To the extent of Contractor’s negligence, Contractor’s insurance coverage will be primary insurance as respects Court, its officers, officials, employees and agents. Any insurance and/or self-insurance maintained by Court, its officers, officials, employees or agents will not contribute with the insurance, or benefit Contractor in any way; 3. Contractor’s insurance will apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer’s liability. 4. Contractor will provide Court certificates of insurance satisfactory to Court, evidencing all required coverage before Contractor begins any Work, and complete copies of each policy upon Court’s request. 5. If at any time, the foregoing policies become unsatisfactory to Court, as to form or substance, or if a company issuing any such policy becomes unsatisfactory to Court, Contractor will, upon Notice from Court, promptly obtain a new policy, and submit the same to Court, with the appropriate certificates and endorsements, for approval; 6. All of Contractor's policies will be endorsed to provide Notice to Court of cancellation, non- renewal, and reduction in coverage, within fifteen days, mailed to the Court’s representative for Notices named on the Contract Cover Sheet. Such Notice will reference the relevant project, and Contract number. E. Waiver of subrogation. Contractor and its insurance carrier waive any and all rights of subrogation against the Judicial Branch Entities. This waiver will be reflected on the Certificate of Insurance, provided by Contractor. If Contractor fails to obtain the appropriate waivers of subrogation, additional insured status, or certificates of insurance from carrier, Contractor will indemnify Court from all costs and liability caused by Contractor’s breach. 15. Limitation of Liability A. Court will not be liable to Contractor, its officers, employees, Subcontractors, or Third Parties for any indirect, special, incidental, or consequential damages, including lost profits or revenue, arising from or relating to this Contract, regardless whether Court was advised of the possibility of such loss or damage. In no event will Court’s liability for direct damages arising from or related to this Contract, for 30 TCS-0405-RFP Rev. 4-05
  • 34. RFP 07-0601 - Jan Janitorial Services Exhibit 1 Contract Terms & Conditions any cause whatsoever, and regardless of the form of action, whether in Contract or in Tort, exceed the amounts paid to Contractor by Court under this Contract. 16. Material Safety Data Sheets If some or all of the products used by Contractor to perform the Work are on CAL OSHA’s “Hazardous Substances List,” Contractor shall forward a completed Material Safety Data Sheet (MSDS) to the Court’s Facilities Director prior to the start of any work. 17. Modification. No modification or change to this Contract will be valid without written approval by Court, in the form of an Amendment, including any changes to Exhibit 3 (Statement of Work). 18. Payment. Facilities Director, or his designee will approve payment upon acceptance of work. Payment will be made in arrears, after receipt of a proper invoice. Each building will be invoiced separately for services received. Invoices will be addressed to the Facilities Director/Project Manager, as noted in Section 2.1.1. The following information must be included on the invoice: • Vendor’s name, address and telephone number • Name and address of vendor representative to whom payments are to be sent if different from the above. • Name, title and telephone number of the person to contact in case of an incomplete or incorrect invoice. 19. Scope of Work; Acceptance A. Scope of Work. Contractor will perform and complete all Work described in Exhibit 3 – Statement of Work, in compliance with the requirements of this Contract, and to the satisfaction of Court. B. Acceptance. All Work provided by Contractor under this Contract is subject to acceptance by Court’s Facilities Director or his designee. The Court will apply the criteria set forth in Exhibit 3 – Statement of Work (including timeliness, completeness, technical accuracy and conformance to industry or marketplace standards) to determine acceptance or non-acceptance of the Work. B.1 Non-Acceptance. If the Work is not acceptable, Facilities Director shall detail the failure to meet the acceptance criteria. Contractor shall have one business day from receipt of notification to correct the failure(s) to conform. Contractor will re-submit the Work and the Facilities Director shall re-apply the acceptance criteria to determine its acceptance or non-acceptance. Thereafter, the parties shall repeat the process set forth in this Section until Contractor’s receipt of Court’s written acceptance of such corrected Work. C. Prior Work. Prior work, performed by Contractor pursuant to Court’s authorization, but before execution of this Contract, will be considered as having been performed subject to the provisions of this Contract. D. Non-Exclusivity. This is a non-exclusive Contract. Court reserves the right to perform, or have others perform the Work of this Contract. Court reserves the right to bid the Work to others or procure the Work by other means. 20. Standard of Performance; Warranties A. Standard of Performance. Contractor will perform all Work with the requisite skill and diligence consistent with professional standards for the industry and type of work performed under the Contract, and pursuant to the governing rules and regulations of the industry. Contractor understands that Court relies on the accuracy, competence, and completeness of Contractor’s services. B. Warranties. 31 TCS-0405-RFP Rev. 4-05
  • 35. RFP 07-0601 - Jan Janitorial Services Exhibit 1 Contract Terms & Conditions B.1 Services Warranty. Contractor warrants and represents that the services rendered and Work performed under this Contract shall be performed in a competent and professional manner with requisite skill and diligence consistent with professional standards for the industry and type of work being performed, and in compliance with all applicable laws, rules and regulations. Contractor further warrants and represents that each of Contractor’s employees, subcontractors, and agents assigned to perform the Work shall possess the training, background, and skills reasonably commensurate with the level of performance required. Contractor hereby acknowledges that Court relies on the accuracy, competence, and completeness of the services and Work to be performed hereunder by Contractor. B.2 Non-Infringement. Contractor represents and warrants to Court that it has and will either own, or be authorized to use for its own and the Court’s benefit, all intellectual property rights used and to be used in connection with providing and/or performing the Work. B.3 All warranties will inure to Court, its successors, assigns, customer agencies, and users of the Work provided hereunder. B.4 Unless otherwise specified, the warranties set forth in this Section commence after Work has been approved and accepted by Court. C. Personnel Requirements. C.1 Contractor will use adequate numbers of qualified individuals with suitable training, education, experience, and skill to perform the Work. For continuity, Contractor will endeavor to retain the same individuals during the performance of Work. C.2 Court reserves the right to disapprove Contractor’s personnel for any reason. Upon receipt of such Notice, Contractor will immediately assign replacement personnel, with equivalent or greater experience and skills, who are acceptable to the Facilities Director. C.3 Contractor will be responsible for all costs associated with replacing personnel, including additional costs to familiarize replacement personnel with the Work. If Contractor does not promptly furnish replacement personnel acceptable to the Facilities Director, Court may terminate this Contract for cause. C.4 No minor under 18 years of age shall work in any Court facility without the express written approval of the Court Executive Officer. C.5 Contractor shall have all employees working in the Facilities fingerprinted within 10 (ten) days from the start of the Contract. Each employee will also have passed a complete background check, a drug test, and must not have any felony convictions. Court must receive verification of clearance for any employee with access and entry into the Facilities PRIOR to the start of work. C.6 Notwithstanding the foregoing, Court shall have the right at any time to refuse access to the Court’s premises or systems to any employee, subcontractor or agent of Contractor where the Court determines, in its sole discretion that such person or entity poses a risk to the Court, or any person, system, or asset associated with the Court. C.7 All employees shall be identified while on the premises by picture identification card furnished at Court’s expense, and by shirt, blouse or smock indicating the company name or logo in print large enough to be read easily. Identification badges lost by vendor employees shall be replaced at the vendor’s expense. C.8 Court shall be responsible for costs of fingerprinting, initial identification badges, and background checks. Vendor’s employees are required to follow through with these processes within 30 days of their initial acceptance on the account by the Facilities Director or his designee. Contractor shall be responsible for all uniform costs related to performing the work. C.9 Court shall furnish Contractor all necessary keys for locations herein. Contractor shall maintain a file of key assignment cards for each employee, subject to inspection by Court. Keys shall be numbered and assigned by number. During working hours, keys shall be in the possession of an 32 TCS-0405-RFP Rev. 4-05
  • 36. RFP 07-0601 - Jan Janitorial Services Exhibit 1 Contract Terms & Conditions employee of Contractor and shall not be left in a door or left out in plain sight. Keys shall not be duplicated without prior written consent of Court. Contractor shall pay all costs incurred by Court due to the negligent handling of keys by Contractor’s employees. C.10 Under no circumstances shall Contractor’s employees admit anyone to areas controlled by a key in their possession. All doors and windows shall be closed and locked upon completion of cleaning operations in the area. All areas shall be double-checked at the end of each shift to verify the areas are secured. 21. Survival Terms that will survive termination or expiration of this Contract include, but are not limited to: Assignment, Audit Rights and Retention of Records, Confidentiality, Indemnification, Limitation of Liability, Warranties. 22. Term This Agreement shall be effective from July 1, 2007 through June 30, 2010, with the option to renew for up to two (2) one year terms. This Contract is of no force or effect until signed by both parties. Contractor shall not perform any of its obligations under this Contract, until this Contract is fully executed. 23. Termination A. Termination for Cause. Court may terminate this Contract, in whole or in part, and be relieved of any payments, if Contractor fails to perform the requirements of this Contract at the time and in the manner agreed. Court may proceed with the Work in any manner deemed proper. All costs to Court arising from Contractor’s default, including costs to complete or correct the Work, will be deducted from any sum due Contractor. Contractor will not be entitled to recover overhead or profit on the uncompleted portions of the Work. B. Termination for Convenience. B.1 Court may terminate this Contract, in whole or in part, at any time and for any reason, upon at least ten days Notice to Contractor. Upon receipt of the termination Notice, Contractor will promptly discontinue Work as specified in the Notice. B.2 If Court terminates all or part of this Contract other than for cause, the Court will pay Contractor for the Work satisfactorily performed prior to the termination. Contractor will not recover overhead or profit on the uncompleted portions of the Work. C. Termination due to Fund Appropriation and Availability. C.1 Court's obligations under this Contract are subject to the availability of funds authorized for this Work. Expected or actual funding may be withdrawn, reduced, or limited prior to the expiration or other termination of this Contract. Funding beyond the current Appropriation Year is conditioned upon appropriation of sufficient funds to support the activities described in this Contract. C.2 Upon Notice, Court may terminate this Contract in whole or in part, without prejudice to any right or remedy of Court, for lack of appropriation of funds. Upon termination, Court will pay Contractor for the fair value of Work satisfactorily performed prior to the termination, not to exceed the total Contract amount. D. Effect of Termination. D.1 Upon any expiration or termination, Court will have the right to take possession of any Materials, equipment, and other Work including partially completed Work. Contractor will immediately assign to Court all of Contractor’s right, title, and interest in and to such Work and related materials and work product, and any and all intellectual property rights. D.2 Upon termination of any kind, Court may withhold from payment any sum that Court determines to be owed to Court by Contractor, or necessary to protect Court against loss due to outstanding liens 33 TCS-0405-RFP Rev. 4-05
  • 37. RFP 07-0601 - Jan Janitorial Services Exhibit 1 Contract Terms & Conditions or claims of former lien holders. 24. Time is of the Essence. Time is of the essence in the performance of services by Contractor under this Contract. 25. Waiver; Severability A. Waiver of Rights. Court’s action, inaction, or failure to enforce any right or provision of this Contract is not a waiver of its rights, and will not prevent Court from enforcing such rights on any future occasion. B. Severability. The provisions of this Contract will be effective in all cases, unless otherwise prohibited by applicable state or federal law. The provisions of this Contract are separate and severable. The invalidity of any sentence, paragraph, provision, section, or portion of this Contract will not affect the validity of the remainder of this Contract. 26. Entire Contract A. Headings or captions to the provisions of this Contract are solely for the convenience of the parties, are not part of this Contract, and will not be used to interpret or determine the validity of this Contract. B. This Contract, along with all Contract Documents referred to in the Contract Cover Sheets, constitutes the entire and final understanding of the parties regarding this matter, and supersedes and terminates any and all prior or contemporaneous negotiations, representations, understandings, discussions, offers, proposals, or Contracts between the parties, whether written or oral, express or implied, relating in any way to the this matter. END OF CONTRACT TERMS AND CONDITIONS 34 TCS-0405-RFP Rev. 4-05
  • 38. RFP 07-0601 - Jan Janitorial Services Exhibit 1 Contract Terms & Conditions EXHIBIT 2 COURT LOCATIONS, HOURS OF OPERATION & HOLIDAY SCHEDULE Superior Court of California, County of Fresno Dependency Court 1100 Van Ness Ave 1255 Fulton Mall Fresno, CA 93724 Fresno, CA 93721 Delinquency Court Archives Facility Clovis Court 742 South Tenth Street 1963 “E” Street 1011 Fifth Street Fresno, CA 93702 Fresno, CA 93706 Clovis, CA 93612 Firebaugh Court Fowler Court Kerman Court 1325 “O” Street 127 E. Merced Street 719 S. Madera Avenue Firebaugh, CA 93622 Fowler, CA 93625 Kerman, CA 93630 Kingsburg Court Reedley Court Sanger Court 1600 California Street 815 “G” Street 619 “N” Street Kingsburg, CA 93631 Reedley CA 93654 Sanger, CA 93657 Selma Court Superior Court of California, County of Fresno 2424 McCall Avenue North Annex Jail Selma, CA 93662 1265 “M” Street Fresno, CA 93721 HOURS OF OPERATION: 8:00 a.m. to 4:00 p.m. COURT HOLIDAYS OBSERVED AT ALL LOCATION: • January 1, New Year's Day • The third Monday in January, Martin Luther King Day • The third Monday in February, Presidents’ Day • March 31, Cesar’ Chavez Day • The last Monday in May, Memorial Day • July 4, Independence Day • The first Monday in September, Labor Day • The second Monday in October, Columbus Day • November 11, Veterans Day • The fourth Thursday in November, Thanksgiving Day • The day after Thanksgiving Day • Dec 25, Christmas Day Note: Every Monday following a Sunday that falls on January 1, March 31, July 4, November 11 or December 25. Note: Every Friday preceding a Saturday that falls on January 1, March 31, July 4, November 11 or December 25. Note: Lincoln’s Birthday, the second Monday in February, is a state holiday that is observed by the judges. Court employees are required to work this day "behind closed doors." After hours janitorial services will be provided on this day. Note: Vendor employees may be assigned to work on Non-Vendor Holidays as approved or requested by the Facilities Director. 35 TCS-0405-RFP Rev. 4-05
  • 39. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A EXHIBIT 3 STATEMENT OF WORK PART I: ROUTINE TASKS AND FREQUENCIES It is impossible to indicate every surface in every room of every building that requires janitorial service, but the following tasks and frequencies indicate most of them as shown in Parts I & II. This information is intended to inform the janitorial Contractor that nothing less than full-service janitorial will be accepted. The successful bidder will be required to service all Court locations indicated within the RFP. The following routine tasks shall be performed at the minimum frequencies specified below. RESTROOM CARE DAILY: removes trash from all receptacles and replace polyliners when soiled or wet. Clean, disinfect and restock all dispensers, including liquid soap dispensers. Clean and disinfect commodes inside and outside including seats, urinals, basins, counter tops, splash boards, door handles, latches, push plates, light switch covers, flush valves, faucets and adjacent surfaces. Clean and polish all mirrors, stainless, plated or enamel surfaces, Dust mop and wet mop floors with detergent disinfectant. Treat floor drains to prevent sewer gas and odor. Maintain restrooms dust-free at all levels. WEEKLY: Dust all surfaces and vacuum all spaces not mentioned in the “DAILY” section stated above. MONTHLY: Thoroughly clean and disinfect walls, doors, etc., including trim and hardware and machine scrub floors. CARPET CARE DAILY: Thoroughly vacuum and remove spots and stains. Spot or stain removal shall be accomplished after regular business hours. INTERIM: Vacuum with crevice tool and other attachments to clean edges, corners and difficult-to reach areas. Interim bonnet method, extraction or steam cleaning for heavy traffic areas, such as hallways, corridors, doorways, lobbies, waiting areas, elevators, stairs, landings and any area where food or beverage is present or is consumed. Interim cleaning shall be accomplished at such frequency so as to avoid spots, stains and soil accumulation. SEMIANNUALLY: Thoroughly extract, steam clean or otherwise clean all carpet. TRASH REMOVAL DAILY: Empty wastebaskets and other trash receptacles. Replace polyliners when soiled or damaged. Clean and disinfect trash receptacles. Maintain litter-free dumpster enclosures and adjacent areas. Store, stack or remove recyclable materials as required or indicated. WEEKLY: Replace all polyliners. SEMIANNUALLY: Clean and disinfect all wastebaskets. 36 TCS-0405-RFP Rev. 4-05
  • 40. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A ELEVATORS DAILY: Thoroughly vacuum carpet and remove spots. Clean and polish all components, remove dust, cobwebs, fingerprints, smudges and streaks to leave a clean, bright condition. WEEKLY: Vacuum edges, corners, door tracks, etc. Clean carpet as a heavy foot traffic area and remove static as required by request. Use fire retardants if required. SUPPLIES The selected Contractor is required to supply and refill daily, and as necessary, all paper products and soap products in all of the restrooms. This includes dispenser soaps, toilet paper, toilet seat covers, and paper hand towels. Female sanitation product dispensers will be checked and refilled on a quarterly basis. The cost of this is to be included in the contract pricing. This activity will be coordinated with Court Facilities who will accompany the vendor representative to conduct coin retrieval. STAIRWELLS (RESILIENT) DAILY: Sweep or dust mop and spot mop steps and landings. Spot clean handrails, bracing, walls, ceilings and hardware. SEMIANNUALLY: Thoroughly scrub steps and landings. Detail all stairwell components including all level dusting and cobweb removal. KITCHENETTES DAILY: Clean and disinfect sinks, counters, splashboards, tabletops, faucets, handles and dispensers. Mop and wet mop floors. Clean mats, if any. Stock dispensers including liquid soap dispensers, spot clean chairs and cabinets. WEEKLY: Thoroughly clean and detail all surfaces, chairs, tables including hardware and appliances. GLASS CLEANING DAILY: Spot clean interior and exterior door and window glass and adjacent entry area glass partitions, directory glass and offices with public counter security glass. WEEKLY: Thoroughly clean interior and exterior door and window glass and adjacent entry area glass, glass partitions and directory glass, including hardware and frames, and designated offices with public counter security glass. SEMIANNUALLY: Thoroughly clean all interior and exterior perimeter glass including hardware sills and frames. Thoroughly clean all desk glass. Exterior glass cleaning on multi-story facilities - Main Courthouse, Delinquency, and Dependency Court facilities - shall be completed utilizing employees or sub-contractors who are fully trained in the processes and safety requirements and have extensive experience in cleaning exterior windows in multi-level facilities. CERAMIC TILE FLOORS DAILY: Sweep or dust mop and spot mop. Remove gum and scuff marks. WEEKLY: Thoroughly machine scrub. 37 TCS-0405-RFP Rev. 4-05
  • 41. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A RESILIENT FLOOR CARE (COMPOSITION, VINYL, LINOLEUM, ETC.) DAILY: Sweep or dust mop and spot mop. Remove gum and scuff marks. WEEKLY: Thoroughly wet mop. Repair the finish to spray buff to prevent pattern wear. Burnish or high speed buff to maintain a glossy appearance as needed, but not less than weekly, except for restricted areas noted by Court personnel. MONTHLY: Machine scrub floor finish except where prohibited. SEMIANNUALLY: Strip and apply floor finish, except for restricted areas noted by Court personnel. DUST REMOVAL DAILY: Dust all immediate work areas including furniture and fixtures. WEEKLY: Remove dust and cobwebs from baseboards, blinds, sills, ledges, casework, counters, workstations, chair platforms, tables, furniture, fixtures, frames, cubical tops and sides, visible surfaces of bookcases, work surfaces when paperwork or personal items are not present (personal items and books on shelves not to be moved). All dusting shall be accomplished at such frequency so as to prohibit accumulation. MONTHLY: Dust high places. FINGERPRINTS, SMUDGES, SCUFFMARKS, STREAKS, ETC. DAILY: Spot removal, all surfaces for fingerprints, smudges, scuffmarks, streaks, etc. WEEKLY: Thoroughly remove all fingerprints, smudges, scuffmarks, streaks, etc., from all surfaces. Spot removal or thorough removal shall be accomplished at such frequency so as to prohibit accumulation. SPECIAL AREAS DAILY: Special areas, such computer rooms and private restrooms are included as part of these specifications insofar as the Superior Court of California, County of Fresno, is required to maintain such areas. Janitor closets, storerooms and work areas for Contractor personnel will be at the discretion of the Court and must be kept neat, clean and orderly. Fluorescent tubes/lamps and light bulbs shall be replaced when burned out or as required by Court staff. The Court will supply the fluorescent tubes/lamps and light bulbs. WEEKLY: Clean woodwork and walls. Remove all cobwebs from ceilings and walls. SEMIANNUALLY: All diffusers and light fixtures will be thoroughly washed and wiped clean. 38 TCS-0405-RFP Rev. 4-05
  • 42. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A CENTRAL COURTHOUSE SMOKING AREA DAILY: Sweep or dust mop landing. Spot clean benches, walls, and hardware and empty smoker station ash cans. MISCELLANEOUS DAILY: All surfaces designed to be bright and shiny shall be maintained in a bright, shiny condition. Thoroughly clean drinking fountains and cup dispensers. Remove gum or graffiti. Spot clean all seating furniture and benches. Empty and maintain ashtrays where they are legally placed. Clean and set up meeting room tables and chairs. Turn out Courthouse lights as directed. Secure building at the end of the shift. SERVICE HOURS: All routine services shall be provided between the hours of 5:00 pm and 2:00 am or on weekends or Non-Vendor Holidays as approved or requested by the Facilities Director. Bidder must provide janitorial service during the day. A day porter will be onsite to service the Downtown area facilities (Main Courthouse, North Annex Jail, Plaza Building—Dependency, and Delinquency Courts) between the hours of 7 a.m. to 4 p.m. (with lunch coverage for the day porter), Monday through Friday, and carry a Court-supplied radio in order to respond to spills and other urgent clean ups, as well as accomplishing a routine. Dispatches to the Outlying Courts, Firebaugh, Fowler, Kerman, Kingsburg, Reedley, Sanger and Selma, will be in no more than 90 minutes from onset of call to Contractor. KEYS & CODES: Keys and / or codes for each facility will be assigned to the Contractor. The Court keys must be kept under lock and key and located at an agreed-upon site. Keys to be checked out on a daily basis. No custodial staff will be permitted to carry the Courthouse keys outside of their on-site duties. All keys will be returned to the secure site at the end of each shift. 39 TCS-0405-RFP Rev. 4-05
  • 43. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A STATEMENT OF WORK PART II: PERFORMANCE STANDARDS A. GENERAL GUIDELINES 1. Contractor shall perform the Routine Tasks in accordance with the frequencies defined in the Routine Tasks and Frequencies section of the Statement of Work. (Part I) 2. Contractor shall perform the Project Tasks as indicated in Part I and when ordered by the Facilities Director or his designee by written Project Work Order, preferably by e-mail. 3. Contractor shall perform the Project and Routine Tasks using equipment and chemicals meeting the requirements contained in the Tools & Equipment and Chemicals sections of the specifications and in conformance with the standards contained in this section of the Statement of Work. Contractor shall follow the instructions provided by the manufacturers of such items in every case. 4. Unless exempted by Facilities Director, Contractor shall remove all non-fixed furnishings such as tables, seats, chairs, desks, carts, trash and ash receptacles, storage containers, etc., prior to performing a Project and return such items after the completion of the Project. 5. Contractor shall move or tilt all items such as chairs, seats, trash and ash receptacles, tables, storage containers, carts, etc., as required to perform the Services next to, under, or above such items. 6. Contractor shall return to their appropriate locations all items moved by Contractor during the performance of the Services, in public and common-use areas. Contractor shall return all furniture to their appropriate configuration. 7. Contractor shall provide and use adequate barricades and signs to provide sufficient warning prior to, during, and after the performance of the Services. 8. Completion Slips— Shall be completed and forwarded to Court Facilities for all non- daily and non-weekly tasks as described in Part I. B. PERFORMANCE STANDARDS BY TASK 1. CARPET CARE, SURFACE BRIGHTENING a. BONNET CLEANING Contractor shall remove carpet stains, completely vacuum, shampoo using bonnet equipment and supplies and completely re-vacuum all carpet in the specified areas. Contractor shall shampoo areas, such as corners, which are inaccessible to the equipment with manual scrubbing devices. After shampooing and allowing sufficient drying time, Contractor shall vacuum the carpet following a pattern, which will give the carpet pile a uniform appearance. Contractor shall vacuum the carpet sufficiently prior to shampooing to remove dry, loose soil from the carpet pile. Contractor shall use a pile brush to raise the carpet pile before and after shampooing, if necessary, to remove embedded soil and grit and raise the carpet pile to allow sufficient penetration or to provide for adequate drying of the carpet. b. HOST METHOD Contractor shall remove carpet stains and completely vacuum carpet prior to using Host method. Host granules shall then be evenly distributed over the carpet surface, and agitated, using the Host carpet-cleaning machine. Carpet fibers shall be agitated both in the direction of the pile 40 TCS-0405-RFP Rev. 4-05
  • 44. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A and at an angle of 90 degrees from the direction of the pile. Following agitation, all carpet in the specified area shall be re-vacuumed to remove as much of the Host granules as possible, following a pattern, which will give the carpet pile a uniform appearance. Contractor shall vacuum the carpet sufficiently prior to Host application to remove dry, loose soil from the carpet pile. Contractor shall use a pile brush to raise the pile of carpet before and after Host application in order to remove embedded soil and grit from the carpet pile or raise the carpet pile to allow sufficient penetration of the Host granules. c. ROTO-WASH METHOD Contractor shall remove carpet stains, completely vacuum, shampoo using Roto-Wash equipment and supplies and completely re-vacuum all carpet in the specified area, including corners and carpet edges. After shampooing and allowing sufficient drying time, Contractor shall vacuum the carpet following a pattern, which will give the carpet pile a uniform appearance. Contractor shall vacuum the carpet sufficiently prior to shampooing to remove dry, loose soil from the carpet. Contractor shall use a pile brush to raise the pile of the carpet before and after shampooing, if necessary, in order to remove embedded soil and grit from the carpet pile or raise the carpet pile to allow sufficient penetration or to provide for adequate drying of the carpet. 2. CARPET CLEANING, EXTRACTION METHOD Contractor shall remove carpet stains, completely vacuum, shampoo using water extraction equipment and supplies, and completely re-vacuum all carpet in the specified area. Contractor shall shampoo areas such as corners, which are inaccessible to the equipment with manual scrubbing devices. After shampooing and allowing sufficient drying time, Contractor shall vacuum the carpet following a pattern, which will give the carpet pile a uniform appearance. Contractor shall vacuum the carpet sufficiently prior to shampooing to remove dry, loose soil from the carpet pile. Contractor shall use pile brush to raise the pile of carpet before and after shampooing if necessary in order to remove embedded soil and grit from the carpet pile or raise the carpet pile to allow sufficient penetration of to provide for adequate drying of the carpet. 3. COLLECT LITTER Contractor shall remove unsightly soil and litter. If the litter cannot be removed by hand, Contractor shall use a carpet vacuum on carpeted floors or brook or dust mop and damp mop on non-carpeted floors. 4. DISINFECT DRINKING FOUNTAINS Contractor shall use spray bottles of germicidal disinfectant solutions, clean cloths, scrub pads and crème cleanser to remove all obvious soil, streaks, smudges, etc., from the drinking fountains and cabinets; then, disinfect all porcelain and polished metal surfaces including the orifices and drains. After cleaning and disinfecting, the entire drinking fountain shall be free of streaks, stains, spots, smudges, scale and other removable soil. 5. CLEAN AND DISINFECT FIXTURES Contractor shall use spray bottles or pump-up sprayers, to apply germicidal disinfectant solution to all surfaces of washbasins, toilets, urinals, showers and adjacent surfaces. Contractor shall use clean cloths (except inside toilet bowls and urinals where Contractor shall use bowl mops) to remove soil from all surfaces of these fixtures and adjacent surfaces. Contractor shall use cream cleanser and scrub pads to remove soil not removed by the cloths and germicidal disinfectant solution. Contractor shall use dry cloths to dry metal surfaces of faucets, handles, valves, etc. The cloths used in cleaning and disinfecting toilets, urinals and other surfaces contaminated with urine or feces shall be a color readily distinguishable from cloths used on other surfaces and fixtures. 41 TCS-0405-RFP Rev. 4-05
  • 45. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A 6. REFILL FLOOR DRAINS Contractor shall use a floor drain brush to clean floor drains. Contractor shall use abrasive cleanser and scrub pads to remove corrosion and tarnish. Contractor shall pour a solution of germicidal disinfectant down the floor drain to fill the drain trap and prevent the escape of sewer gas. This will be accomplished each time the floor is mopped. 7. CLEAN ELEVATOR TRACKS Contractor shall use a vacuum with crevice tool attached to vacuum dry soil from the elevator tracks within the elevator cab and on the individual floors. Contractor shall use disposable cloths and detergent to spot clean stains from the tracks. After cleaning the door tracks shall be free of dust, debris, spots and stains that can be removed by such measures. The elevator shall be “keyed off” while work is in process and the automatic closing mechanisms shall not be defeated by jamming, propping or otherwise mechanically disabling the doors. 8. CLEAN ENTRANCE MATS Contractor shall use an upright carpet vacuum, or a wet/dry tank vacuum, or a pile lifter, and a carpet stain removal kit to remove soil, moisture, stains, etc., from entrance matting. 9. DAMP MOP HARD SURFACE FLOORS Contractor shall use detergent solution and mops to remove soil from non-carpet floors and baseboards, which cannot be removed by sweeping, dust mopping or vacuuming. Contractor shall dust mop floors, which are coated with floor finish prior to damp mopping. Contractor shall sweep other floor surfaces prior to damp mopping. Contractor shall damp mop all areas of the floor. After the floor has been damp mopped, it shall have a uniform appearance free of soil, stains, streaks, swirl marks, detergent film or any observable soil which can be removed by damp mopping. In restrooms and locker rooms, Contractor shall us germicidal disinfectant solution instead of detergent solution. 10. DESCALE TOILETS AND URINALS Contractor shall use acid-type bowl cleaner and nylon bowl mops to remove scale, scum, mineral deposits, rust stains, etc., from the insides of the toilet bowls and urinals. 11. DISINFECT ALL SURFACES Contractor shall use damp cloths, squeegees and germicidal disinfectant solution from a spray bottles or pump-up sprayers to damp wipe and disinfect all surfaces or furniture, fixtures, walls, partitions, doors, etc. 12. DUST BUILDING SURFACES Contractor shall use dusting tools, treated dust cloths or vacuum cleaners with dusting attachments to remove all dust, lint, litter, dry soil, etc., from the surfaces of ledges, heater convectors, window sills, fire extinguishers, counter tops, walls, door frames and sills, ceiling mounted fans, fixtures, partitions, rails, blinds and other types of fixtures and surfaces which are not considered to be furniture surfaces or specialty equipment such as test equipment, computers, typewriters, calculators, etc., below 9 feet from the floor surface. Contractor shall dust up to a height of 20 feet from the floor surfaces at the interior and exterior of exterior entry areas and canopies. Contractor shall accomplish dusting by the removal of soil from the area— not by moving it from one surface to another. 13. DUST FURNITURE SURFACES Contractor shall use dusting tools, treated dust cloths or vacuum cleaners with dusting attachments to remove all dust, lint, litter, dry soil, etc., from the surfaces of chairs, telephones, lamps, tables, cabinets, shelves and other types of furniture and surfaces which are not considered to be building surfaces or building fixtures. Papers, typewriters, calculators, computers, staplers and other similar desk items are not to be disturbed. Contractor shall 42 TCS-0405-RFP Rev. 4-05
  • 46. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A accomplish dusting by the removal of soil from the area—not by moving it from one surface to another. 14. DUST MOP OR SWEEP Contractor shall use a treated dust mop to remove soil and litter from non-carpeted floors. On resilient tile, terrazzo and other smooth finished floor surfaces, Contractor shall use treated dust mops. On rough, unsealed concrete or other floors where dust mopping is not effective, Contractor shall use brooms. Prior to dust mopping the floor surface, Contractor shall use putty knives to remove gum, tar and other substances from the floor. Contractor shall us a dustpan to remove accumulated soil and litter. After the floor has been dust mopped or swept, the floor surface, including corners and abutments, shall be free of dust, litter and debris that can be removed by dust mopping or vacuuming or with a putty knife. Contractor shall vacuum elevator floor and door tracks and other areas such as corners and hard-to-reach areas. Contractor shall use a vacuum cleaner to remove moisture and dry soil from carpeted type entrance mats. Contractor shall use carpet stain remover and gum remover to remove carpet stains and gummy soil. Contractor shall clean exterior entrance mats by hosing with water and/or vacuuming. 15. EMPTY TRASH RECEPTACLES A. Contractor shall empty and return to their appropriate location all wastebaskets, cigarette ash receptacles and other trash containers according to the Routine Work Task and Frequencies for each area and building. Contractor shall remove all litter, cans, papers, containers and other items marked “TRASH”. B. Contractor shall remove all collected trash to area(s) on the site or within the building as designated by the Contract Administrator in such a manner as to prevent the adjacent area from becoming littered by such trash. C. Contractor shall replace all obviously soiled or torn trash receptacle liners. Contractor shall replace the liner in such a manner as to present a neat, uniform appearance. D. Contractor shall use disposable cloths and detergent solution or cream cleanser and scrub pads to remove stains and soil from the interior and exterior of trash receptacles. 16. HIGH DUSTING The Contractor shall remove all dust, spider webs, litter, etc., from all fixtures and surfaces from the top of the floor up to and including the ceiling that are visible from the floor surface below or adjacent floor levels, balconies, stairs, etc. This includes exposed surfaces of lights, grilles, light fixtures, pipes, sprinkler system cables, ledges, walls, ceilings, vents, etc. Contractor shall accomplish high dusting by using treated dust cloths, treated dusting tools and tank vacuums with crevice tools, brush attachments and wall attachments. 17. MACHINE SCRUB FLOORS Contractor shall use electrically powered floor machines with a scrubbing brush or grout cleaning machines and detergent or degreaser solution to remove soil and stains from floor surfaces such as concrete, brick or pavers, grouted tile and other such uneven or rough floors and from baseboards, furniture and partition bases and legs. Contractor shall use a wet/dry tank vacuum to pick up the scrubbing solution and wet mops, bucket and wringers in areas inaccessible to a tank vacuum. Contractor shall rinse the floor with clean water after picking up the scrubbing solution with the tank vacuum. Contractor shall remove all splash marks on baseboards, furniture and other such surfaces. 18. DAYTIME POLICING Contractor shall collect litter and sweep and/or vacuum obvious soil from floors, spot clean unsightly soil from building and furniture surfaces. Spot mop hard surface floors to remove liquids and/or unsightly soil. Empty trash and ash receptacles, which may become filled prior to the next scheduled routine cleaning. Refill paper towel, toilet tissue, hand soap and other dispensers, which may become depleted prior to the next scheduled routine cleaning. Remove carpet stains. Empty, vacuum, exchange wet or ineffective entrance mats. Remove any 43 TCS-0405-RFP Rev. 4-05
  • 47. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A spillage, food, liquid or other offensive material in a timely manner to protect the health and safety of the occupants of the Court facilities. 19. REFILL DISPENSERS Contractor shall check and refill each toilet paper dispenser, hand soap dispenser, paper towel dispenser, toilet seat cover dispenser, feminine hygiene product dispenser, etc. Contractor shall place supply dispensers in accordance with the directions of the supplier and dispenser manufacturer. Contractor shall wipe surfaces adjacent to hand soap dispensers to remove spillage and leakage. 20. REMOVE CARPET STAINS Contractor shall use carpet stain remover, a dampened utility brush, clean cloths, aerosol gum remover and wet/dry tank vacuums to remove nonpermanent stain from carpeted floors. Contractor shall blot or vacuum and scrape as much of the stain from the carpet as practical before applying carpet stain remover to the carpet. Contractor shall spray carpet stain remover onto the stain and use a utility brush if required. After the stain has dissolved, Contractor shall blot and rub the stain up in such a manner as to prevent spreading of the stain. After the stain has been removed, Contractor shall blot or vacuum the carpet only. 21. RECONDITION FINISHED FLOORS Contractor shall remove soil, scratches and scuff marks and the top layer of floor finish from resilient tile and terrazzo floors and all finish and soil from baseboards and furniture and partition legs and bases. Contractor shall apply a minimum of two additional coats of floor finish. Contractor shall use a single disc floor machine, scrubbing pad, putty knife, abrasive pad, mop, mop bucket and wringer, detergent solution and rust remover to remove all removable marks, heel marks, rust stains, gum and other types of stains and soil. Contractor shall use manual scrubbing devices in areas inaccessible to the floor machine. Contractor shall use set/dry tank vacuums except in areas where its use is not practical or effective. Contractor shall rinse thoroughly with clean water all floor surfaces to which detergent solution has been applied. When wet/dry tank vacuums are used, Contractor shall rinse the floor surface at least once after the detergent solution has been picked up with the wet/dry tank vacuum. When a wet/dry vacuum is not used, Contractor shall rinse the floor surface at least twice. After the top layer of floor finish has been removed, Contractor shall use a fine strand rayon mop to apply at least two coats of floor finish. Contractor shall apply no finish within 1” of baseboards and furniture setting directly on the floor surface. After the finish has dried, the reflectance shall be uniform and no streaks, swirls, etc., shall be visible. 22. SPOT CLEAN BUILDING SURFACES Contractor shall use clean damp cloths, scrub pads, spray bottles of detergent solution, glass cleaner or cream cleaner to remove smudges, fingerprints, marks, streaks, tape, etc., from the surfaces of ledges, windows, partition glass, windows sills and blinds, fire extinguishers, counter tops, walls, doors, door frames and sills, pictures, partitions, rails and other types of fixtures and surfaces which are not considered to be furniture surfaces or specialty equipment such as test equipment, computers, typewriters, calculators, etc., up to 9 feet from the floor surface. Contractor shall perform spot cleaning up to a height of 10 feet from the floor surfaces at the interior and exterior of exterior entry areas. Contractor shall use a clean cloth and stainless steel polish to remove smudges, fingerprints, marks, streaks, tape, etc., that glass cleaner cannot remove. Contractor shall remove excess stainless steel polish. 23. SPOT CLEAN FURNITURE SURFACES Contractor shall use clean damp cloths, scrub pads, spray bottles of detergent solution, glass cleaner or crème cleanser to remove smudges, fingerprints, marks, streaks, tape, etc., from the surfaces of chairs, telephones, cleared surfaces of desks, lamps, tables, cabinets, shelves and other types of furniture and surfaces which are not considered to be building surfaces or building 44 TCS-0405-RFP Rev. 4-05
  • 48. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A fixtures. Typewriters, calculators, papers, computers, staplers and other similar desk items are not to be disturbed. 24. SPOT MOP HARD SURFACE FLOORS Contractor shall use detergent solution and mops to remove spots, spills and obvious soil from non-carpeted floors that cannot be removed by vacuuming or dust mopping. After the floor has been spot mopped, it shall have a uniform appearance free of soil, stains, streaks, swirl marks, detergent film or any observable soil, which can be removed by damp mopping. In restrooms, Contractor shall use germicidal disinfectant solution instead of detergent solution. 25. SPRAY BUFF Contractor shall dust mop and damp mop the floor surface in preparation for spray buffing. Contractor shall use single-disc floor machines, buffing pads and spray bottles with spray buffing solution to restore a uniform glass and protective finish to resilient tile or terrazzo floors, which are finished with a floor finish. The spray buff solution shall be a premixed solution formulated as a companion product to the finish already on the floor. Contractor shall dust mop the floor surface after spray buffing. After spray buffing, the entire floor shall have a uniform, glossy appearance, free of scuff marks, heel marks and other stains and shall have a uniform coating of floor finish. Contractor shall remove all spray buff solution from baseboards, furniture, trash receptacles, etc. 26. STRIP AND REFINISH FLOORS Contractor shall completely remove all nonpermanent floor finish from resilient tile or terrazzo floors and from baseboards and furniture and partition legs and bases. Apply a minimum of two coats of floor seal and three coats of floor finish. Contractor shall use single disc floor machines, stripping pads, putty knives, abrasive pads, mops, mop buckets and wringers, floor finish remover and rust remover to remove all removable marks, heel marks, scuff marks, rust stains, gum and other types of stains and soil. Contractor shall use manual scrubbing devices in areas inaccessible to the floor machine. Contractor shall use a wet/dry vacuum to pick up stripping solution except in areas where its use is not practical. Contractor shall rinse thoroughly with clean water all floor surfaces to which floor finish remover has been applied. When a wet/dry tank vacuum is used, Contractor shall rinse the area at least once after the floor finish remover has been picked up with the wet/dry tank vacuum. When a wet/dry vacuum is not used, Contractor shall rinse the floor at least twice. After the floor finish has been removed, Contractor shall use a fine strand rayon mop to apply at least two coats of floor seal and three coats of floor finish. Contractor shall apply no finish within 1” of baseboards and fixed furniture sitting directly on the floor surface. Contractor shall remove all floor seal, floor finish, stripper and stripping slurry from baseboards, furniture and other such areas. After the finish has dried, the reflectance shall be uniform and no streaks, swirls, etc., shall be visible. 27. VACUUM COMPLETELY Contractor shall use a carpet vacuum to remove visible and hidden soil and debris from the carpet surface and from within the carpet pile. Contractor shall use a hose and brush or crevice attachment to vacuum areas inaccessible to the carpet vacuum. After completely vacuuming, the carpet shall be free of all visible soil and litter and all soil, which can be removed from the pile carpet. 28. VACUUM TRAFFIC LINES Contractor shall use a carpet vacuum to vacuum traffic patterns and lanes of carpeted floors to remove soil and debris from the carpet surface and pile to raise the carpet pile. Contractor shall use a hose and brush or crevice attachment to vacuum areas inaccessible to the carpet vacuum. 29. VACUUM VISIBLE SOIL Contractor shall use a carpet vacuum to remove visible soil debris from the carpet surface. Contractor shall use a hose and brush or crevice attachment to vacuum areas inaccessible to 45 TCS-0405-RFP Rev. 4-05
  • 49. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A the carpet vacuum. After vacuuming, the carpet shall be free of all visible soil and litter. Vacuum elevator floors and door tracks. Use a vacuum cleaner to remove moisture and dry soil from carpeted-type entrance mats. Contractor shall use carpet stain remover and gum remover to remove carpet stains and gummy soil from entrance mats. 30. WET MOP HARD SURFACE FLOORS Contractor shall use detergent solution, wet mops, buckets and wringers, deck brushes, corner brushes, swivel pad holders and abrasive pads and putty knives to remove soil from non- carpeted floors which cannot be removed by vacuuming or dust mopping. Germicidal solution shall be used in place of detergent solution in restrooms. Contractor shall apply detergent solution to the entire floor area and allow it to remain on for three to five minutes. Contractor shall use scrub brushes to remove spots and stains not removed by mopping. Contractor shall use scrub brushes to remove spots and stains not removed by mopping. In areas with floor drains, Contractor shall use a wet mop and mop bucket and wringer or wet/dry tank vacuum to pick up the solution and then rinse with clean water twice. Contractor shall wet clean all areas. Contractor shall dust mop floors, which are coated with floor finish prior to damp mopping. Contractor shall vacuum other floor surfaces prior to damp mopping. Contractor shall take care as required to prevent splash and mop marks from being left on baseboards, furniture legs, doors, etc. After the floor has been wet cleaned, it shall have a uniform appearance free of soil, stains, streaks, swirl marks, detergent film or any observable soil that can be removed by damp mopping. In areas where floor finish has not been applied to the floor surface and greasy soil must be removed, Contractor shall use a solution of degreaser. CHEMICALS 1. GENERAL REQUIREMENTS 1.1 Contractor shall furnish all chemicals necessary to perform the services in accordance with the contract. At a minimum, Contractor shall furnish the chemicals defined in the “LIST OF CHEMICALS”. 1.2 Contractor shall ascertain the appropriateness of all chemicals for their intended use on a surface or material before any actual use of any chemical on any surface or material regardless of whether or not the chemical is included on the List of Chemicals and regardless of whether or not Facilities Director has given permission to use said chemical. 2. CHEMICAL BRANDS 2.1 Contractor shall present the list of chemicals that Contractor proposes to use in the execution of the services for the Court, to the Facilities Director for approval at the same time Contractor returns the signed contract, the performance and payment guarantee bond and the required evidence of insurance. 2.2 The Facilities Director shall respond to Contractor concerning approval or denial of the proposed list of chemicals within (10) calendar days of receipt of the List of Chemicals from Contractor. 2.3 Contractor shall use only those brands and types of chemicals specified on the approved “LIST OF CHEMICALS” unless it has obtained written permission to change in accordance with the following procedure: a. The contract supervisor shall submit a written request to the Facilities Director defining the product use, brand name, manufacturer’s complete name, address and telephone number. b. The contract supervisor shall attach to the written request a product brochure, Material Safety Data Sheet (MSDS) and chemical specifications. The contract supervisor shall provide an original, labeled container of the chemical to the Facilities Director. 46 TCS-0405-RFP Rev. 4-05
  • 50. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A c. The Facilities Director shall have the right to request the contract supervisor to perform an on- site evaluation of the chemical at the court facility. Such testing shall be accomplished during the regular performance of the service or at no additional charge to The Superior Court of California, County of Fresno. The Facilities Director shall provide the parameters and methods of such evaluation and testing. d. If the proposed chemical performs as well or better than the chemical on the “LIST OF CHEMICALS” as determined by the on-site evaluation and as determined by the Facilities Director and causes no interference with the operational activities of the Court or damage to the Court facility and is in the best interest of the Court, The Facilities Director shall provide the contract supervisor with written permission to use the proposed chemical in the performance of the services. Such permission does not relieve Contractor of any liability or responsibility. e. Contractor shall pay for all costs associated with testing and evaluating the proposed chemical and with changing from the approved chemical to the proposed chemical if Contractor proposed the chemical. 3. MATERIAL SAFETY DATA SHEET The contract supervisor shall provide the Facilities Director with a copy of the Material Safety Data Sheet (MSDS) for each type and brand of chemical used in the performance of the services and shall maintain a separate file with duplicate copies of the form for each chemical used in the performance of the services at each worksite. 4. CONTAINERS Contractor shall purchase and issue all chemicals in their original containers. 5. LABELING 5.1 Material that requires precautionary warnings shall have affixed to all containers such labels or markings as are prescribed and approved by law, regulatory agency or this contract. The marking or labeling of materials containing hazardous or toxic material, substances or wastes shall be in accordance with all federal, state and local laws, ordinances, rules and regulations. 5.2 All chemical containers shall bear their original manufacturer’s label that includes the name and address of the manufacturer, instructions for use and any pertinent warnings and safety instructions. All chemical containers must have the manufacturer’s quality control batch number included on cases or containers. Contractor shall develop and implement procedures to insure its employees use chemicals in accordance with the instructions of the chemical manufacturers. 6. PROHIBITED CHEMICALS No ammonia, laundry bleach, powdered cleanser or any other type of chemical not included on the “LIST OF CHEMICALS” shall be used in the performance of the contract services without the written permission of the Facilities Director. 7. MANUFACTURER’S INSTRUCTIONS Contractor shall follow the instructions of the Chemical Manufacturers in every instance. 47 TCS-0405-RFP Rev. 4-05
  • 51. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A 8. SLIP RESISTANCE Contractor shall verify that all floor finishes, seals, spray-buff solutions and other such chemicals applied to non-carpeted floors provide adequate protection against slippery floors. Contractor shall immediately remedy any observed instances of slippery or slick floors. 9. GERMICIDAL PROPERTIES Contractor shall not use a germicidal disinfectant that does not bear the Environmental Protection Agency Registration Number. 10. CARPET STAIN REMOVAL KIT Each senior custodian shall have a carpet stain removal kit and a container of solvent-type carpet spotter. 11. CONTAINER SIZES AND TYPES Contractor shall provide the following chemicals in the type and size containers listed below: Acid-type bowl cleaner, 1 qt. squeeze bottle with flip-cap Carpet shampoo, 6 gallons or smaller concentrate Carpet stain remover, aerosol or 1 gallon Cream Cleanser, 1 qt. squeeze bottle with flip-cap Concrete seal, 6 gallons or smaller Degreaser, 1 gallon concentrate Detergent, 1 gallon concentrate Floor finish, 6 gallons or smaller Floor finish remover, 6 gallons or smaller concentrate Floor seal, 6 gallons or smaller Germicidal disinfectant, 1 gallon concentrate Glass cleaner, 1 gallon, ready to use Gum remover, aerosol Spray buff solution, 1 gallon or smaller, ready to use 12. LIST OF CHEMICALS 12.1 ACID-TYPE BOWL CLEANER (less than 9.5% HCL and note more than 24% total acid contents) Hillyard Inc.—“Liquid Swabby” Huntington Laboratories—“Sana-San” Puritan Churchill—“Here & Now” S.C. Johnson & Sons—“Crew” 12.2 CARPET SHAMPOO—EXTRACTION METHOD Hillyard, Inc.—“Clean Action” Huntington Laboratories—“Soil Away” Puritan Churchill—“Celebrity” S.C. Johnson & Sons—“Rugbee-Extractor” 12.3 CARPET SHAMPOO—BONNET METHOD Hillyard, Inc.—“Deep Action” 48 TCS-0405-RFP Rev. 4-05
  • 52. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A Butcher’s Wax Company—“Flash Back” Huntington Laboratories—“Shampride” Puritan Churchill—“Top Deck” S.C. Johnson & Sons—“Rugbee-Bonnet” 12.4 CARPET STAIN REMOVER S.C. Johnson & Sons—“Rugbee Stain Remover” 12.5 SOLVENT-TYPE CARPET STAIN REMOVER R.R. Street & Company—“Picrin” 12.6 CREAM CLEANSER National Laboratories—“NL Crème Cleanser” Puritan Churchill—“Pzazz” Rochester Germicide—“Porocleen” 12.7 DEGREASER Hillyard, Inc.—“Renovator” Butcher’s Wax Company—“Roughrider Alkaline Degreaser” Huntington Laboratories—“J-8-10P” 12.8 FLOOR FINISH, FLOOR FINISHER REMOVER, FLOOR SEAL, SPRAY BUFF SOLUTION, DETERGENT AND CONCRETE SEAL S.C. Johnson & Sons, Inc. Concrete Seal—“Fortify” Detergent—“GP Forward” OR “View Quick Cleaner” Finish—“Complete” OR “Showplace II” Resilient Tile Seal—“Technique” Spray Buff Solution—“Snap Back” Stripper—“Step-off” OR “Bravo” OR “Freedom” Hillyard, Inc. Concrete Seal—“Seal 341” Detergent—“Top Clean ” Finish—“Top Finish” Resilient Tile Seal—“Seal 341” Spray Buff Solution—“Hil-Glo” Stripper—“Power Strip” Puritan-Churchill, Inc. Concrete Seal—“II Shield” Detergent—“Neutra Clean LF” Finish—“Impervium” Resilient Tile Seal—“Mira-Tech” Spray Buff Solution—“Mist & Buff ” Stripper—“E-Z Strip NA II” Butcher’s Wax Company Concrete Seal—“II Ironstone ” Detergent—“Hot Springs” 49 TCS-0405-RFP Rev. 4-05
  • 53. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A Finish—“Benchmark” Resilient Tile Seal—“Ironstone” Spray Buff Solution—“ Blue Max ” Stripper—“Time Buster ” NOTE: Floor finish, floor finish remover, floor seal, spray buff solution, detergent and concentrate seal must be by the same manufacturer. GERMICIDAL DISINFECTANT (Quaternary Ammonium Chloride) S.C. Johnson & Sons, Inc.—“Forward DC” Hillyard, Inc.—“Rejuvinal Plus” Puritan-Churchill, Inc.—“Eldorado Plus” Butcher’s Wax Company—“Quantum” Huntington Laboratories—“Hi-Tor” GLASS CLEANER S.C. Johnson & Sons, Inc.—“Glance” Hillyard, Inc.—“Window Clean” Puritan-Churchill, Inc.—“Clear Vue” Huntington Laboratories—“Window San” Analab—“Spray Glass Cleaner” Drackett—“Windex” STAIN REMOVAL KIT Von Schrader—“Carpet Stain Removal Kit” Chemspec—“Professional Spotting Kit” NOTE: This list is not intended to preclude the use of chemical brands not included herein. If Contractor wishes to use brands other than those listed here, he must seek approval from the Facilities Director as outlined in Paragraph 2.3 of this section. TOOLS, EQUIPMENT AND SUPPLIES 1. GENERAL REQUIREMENTS Contractor shall furnish all tools, equipment and supplies necessary to properly perform the services defined in this contract. At a minimum, Contractor shall furnish each worker and each custodial closet with the types and quantities of tools, equipment and supplies defined in the Specifications as required to perform the services in accordance with the performance standards and within the minimum required hours. All tools and equipment furnished by Contractor shall be new at the start of this contract. 2. MANUFACTURER BRANDS 2.1 Before beginning the work, Contractor shall submit to the Facilities Director a list of each type of tool, equipment and supply to be used showing the manufacturers’ names and model numbers. The list shall be accompanied by manufacturers’ specifications and photocopies of the sales material for each type of tool, equipment and supply. 50 TCS-0405-RFP Rev. 4-05
  • 54. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A Contractor shall use no tool, equipment or supplies in the performance of the services before obtaining the permission of the Facilities Director. Such permission by the Facilities Director shall not relieve Contractor of the responsibility for assuring the appropriateness of such tool, equipment or supplies or of any other responsibility or liability. Contractor, if desirous of changing from its initial selection, shall first assure that the alternate tool, equipment or supply comply with the description or specification. Then, Contractor shall submit to the Facilities Director a written request to change, defining the alternate, along with the manufacturer’s specifications and a photocopy to use the alternate. 2.4 If the alternate complies with the specifications defined herein, performs as well as the initial selection as demonstrated by any actual performance testing requested by the Facilities Director, and causes no operational interference with the Court and is the best interest of the Court, then the contract administrator shall give written permission to use the alternate. If requested by the Facilities Director, Contractor shall make available for performance evaluation by the Facilities Director specific brands and models of tools, equipment and supplies proposed for use by Contractor. Any such items provided shall be returned to Contractor after the evaluation has been completed. Any and all costs associated with evaluating an alternate or changing to an alternate not included on the initial list submitted by Contractor shall be borne by Contractor if such testing or changing was a result of Contractor’s request to change. 3. MAINTENANCE AND REPAIR Contractor shall maintain on file at the site of the work one complete set of operating and maintenance instructions for each type, brand and model of equipment, tool and item of supply used in the performance of the work and shall provide the Facilities Director with a photocopy of all such operating and maintenance instructions. Contractor shall insure that all tools, equipment and supplies used by its employees shall be used in accordance with the manufacturer’s instructions and good safety practices. All tools, equipment and supplies used by Contractor in the performance of the services shall meet all applicable safety requirements. All electrical equipment must operate at full-rated performance levels using existing building electrical circuits. It shall be the responsibility of Contractor to prevent the operation or attempted operation of electrical, or combinations of equipment, which require power exceeding the capacity of existing electrical circuits. Contractor shall develop and implement adequate procedures and controls to ensure that all tools, equipment and supplies remain at all times in good, clean condition. Contractor shall maintain access to spare parts and shall have trained, qualified employees and adequate quantities of backup equipment to insure that the minimum quantities of required equipment and tools are available and in safe and proper operating condition at all times. MINIMUM QUANTITIES The minimum required tools, equipment and supplies defined herein must be present and in good operating condition at all times during the performance of the work. STORAGE LOCATIONS 51 TCS-0405-RFP Rev. 4-05
  • 55. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A Contractor shall label the storage locations on shelves in each custodial closet for chemicals, small tools and supplies. Contractor shall permanently identify all equipment and tools required for a specific building or group of buildings, floor or group of floors, assignment or group of assignments with the building, floor or assignment numbers or groups of numbers. Contractor shall develop, implement and maintain adequate procedures and make sufficient inspections each shift to ensure that the minimum tools, equipment and supplies are in designated storage locations. USE OF THE COURT FACILITIES AND EQUIPMENT Any permitted use of Court’s facilities, equipment, tools or supplies shall be gratuitous and Contractor shall release Court from any responsibility arising from claims for personal injuries, including death, arising out of the use of such facilities, equipment, tools or supplies irrespective of the condition thereof or any negligence on the part of Court in permitting their use. RESTROOM SUPPLIES Contractor shall furnish and store expendable restroom supplies to be used on site, including paper towels, hand soap, toilet tissue, toilet seat covers feminine hygiene products and associated disposal bags, as well as plastic trash receptacle liners which will be used in all trash receptacles. The Facilities Director shall designate central storage locations. Court will reimburse Contractor for the direct cost of these supplies in an amount not to exceed actual costs plus a 25% overhead rate. Copies of original purchase invoices and delivery receipts must be provided with all invoices for reimbursement of supply purchases. Dispensers for toilet tissue, paper towels and hand soap are furnished and installed by Court or by Contractor at the direction of the Facilities Director. OTHER SUPPLIES Contractor shall furnish all other supplies. EQUIPMENT SPECIFICATIONS AND DESCRIPTIONS CARPET EXTRACTION SYSTEM—SELF-CONTAINED Vacuum motor--two HP Solution pump—50-PSI minimum Solution tank—6-gallon minimum Recovery tank—4-gallon minimum Cleaning width—16 to 18 inch cable; 35 feet minimum Weight—approximately 100 pounds TOOLS, EQUIPMENT AND SUPPLIES Brush—rotating cylinder Wheels—non-marking ACCEPTABLE BRANDS Advance—“AquaClean 15” Castex—“Power Edge” 52 TCS-0405-RFP Rev. 4-05
  • 56. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A Minuteman—“Ambassador” Windsor—“Admiral Plus” CARPET VACUUM—MEDIUM 18-20 pound weight 16-18 inch brush width Non-marking wheels and bumper guards 35-feet cable length, minimum Low profile for easy reach under desks, furniture, etc., built-in utility hose Crevice tool, upholstery tool, dusting brush and extension wand Top fill collection container Disposable collection/filter bags ACCEPTABLE BRANDS Windsor Industries, Inc.—“18 Versamatic” Clarke—“18 inch Filtra Vac OR Combi Vac” Tornado—“16 inch High-Tech” CUSTODIAL CART—BARREL-TYPE Constructed of high impact plastic Minimum 44-gallon capacity Attached dolly with 4 swivel non-marking casters Snap-on tool caddy bag with pocket ACCEPTABLE BRANDS Rubbermaid—“2643” with “2640” dolly and “2642” caddy bag FLOOR MACHINE—HIGH SPEED 110 Volt, 60 cycle, 1.3 to 1.5 hp motor 950 to 1550 rpm (loaded) 20” diameter minimum diameter, non-marking, stair climbing rear wheels Minimum 50-foot cable, 14 gauge, 3 wire Non-marking construction or bumper guards 60 to 80 pounds weight Twist-lock pad centering lock 15 amp maximum circuit breaker ACCEPTABLE BRANDS Clarke—“UltraSpeed 1500 Burnisher” Advance—“Whirlamatic 20UHS” National Super Service—“Charger 1500” Tennant Trend—“Powerline 20 US Burnisher” FLOOR MACHINE—REGULAR SPEED Electrically powered 53 TCS-0405-RFP Rev. 4-05
  • 57. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A 50 to 300 rpm (loaded) 0” diameter Safety interlock switch minimum diameter, non-marking, stair climbing rear wheels Minimum 50-foot cable Non-marking construction or bumper guards to 80 pounds weight Twist-lock pad centering lock 5 amp maximum circuit breaker Aluminum driving block with nylon bristly pad holder ACCEPTABLE BRANDS Clarke—“PM 2000” Advance—“Matador” Tennant Trend—“Powerline 20HD” PILE BRUSH AND VACUUM 3/4 to 1 ¼ hp vacuum motor Separate ½ hp motor 65 to 85 pounds weight 3¾ to 4¼ inch diameter, 14 to16 inch length nylon tufted, bristle self-leveling brush 4-inch diameter non-marking wheels 40-foot power cable minimum—bumper guards Stair climbing wheels ACCEPTABLE BRANDS Certified Chemical & Equipment Co.—“Model S” Chemspec—“Pilelifter” WET/DRY TANK VACUUM Ten-gallon recovery tank size minimum, non-marking casters, removable filter—bumper guards. Attachment-crevice tool, upholstery bush, dusting brush, i extension wand, wand, hose, wet pickup, squeegee Automatic overflow shutoff I Bypass motor ACCEPTABLE BRANDS Clarke—“STV-10” National Super Service—“Colt-14.5 gallon tank capacity Advance—“Sprite 12-gallon tank capacity” ABRASIVE PADS Fine and Medium abrasive Constructed from chemically resistant synthetic fibers Hand Size BOWL CADDY Plastic, non-corroding construction 54 TCS-0405-RFP Rev. 4-05
  • 58. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A Able to hold one quart bottle of bowl cleaner Adjustable collar to lock bottle in place Leak-proof compartment for holding bowl mop BROOMS Synthetic fiber self-flagging bristles Head width approximately 10 inches Attaches to extending handles Two screw-type mounting holes, first at 90 degrees and second at approximately 60 degrees 4 to 8 foot extending aluminum handle “CAUTION—WET FLOOR” SIGNS Signs must conform to OSHA Standard 1910.44 safety code for marking physical standards Constructed of durable plastic Stand alone Must bear words “CAUTION—WET FLOOR”, Spanish working and international caution symbol for wet floor CLEANING CLOTHS—DISPOSABLE Absorbent synthetic fiber Disposable lint-less Rags or paper towels not acceptable CORNER BRUSH Stiff synthetic fiber bristles for scrubbing wall-floor corners Triangle shape Attaches to extending handle DECK BRUSH Stiff heavy duty, synthetic fiber bristles Brush size approximately 2.5” x 12” Attaches to extending handle DETAIL BRUSH Stiff bristle toothbrush DISPENSING PUMPS Chemically resistant plastic Dispenses 1 ounce/stroke Dip tub length, 14 to 15 inches DOORSTOP Wedge shape Non-marking rubber construction DRAIN BRUSH 55 TCS-0405-RFP Rev. 4-05
  • 59. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A Approximately 1 ½” diameter, approximately 6” brush length Stiff nylon bristles twisted in wire DUSTMOP Paraffin-base treatment, dust-mop heads Laundered and retreated off-site Stored in plastic bags until used 5 inch minimum width Dust-mop head attaches to handle with swivel joint Handle length approximately 5 feet DUSTMOP—DISPOSABLE Treated by manufacturer with cationic, antistatic, dust attractant preparation Dust-mop head attaches to handle with swivel joint Handle length approximately 5 feet DUST CLOTHS—TREATED Disposable Treated DUST PAN Constructed of nonmetallic material Eyelet or book for hanging on cart DUSTING TOOL—LAMPS WOOL DUSTER Extending handle Lambs wool FLOOR MACHINE POLISHING PADS Polyester construction Minimum pad thickness of ¾ inch Designed for dry polishing with 1000 rpm floor machine 3M Company—“Scotch-Brite brand 51 Line White Super Buffer Pad” FLOOR MACHINE SPRAY BUFF PADS Polyester construction Minimum pad thickness of ¾ inch Designed for spray buffing with 1000 rpm floor machine 3M Company—“Scotch-Brite brand High Speed Buffer Pad” FUNNEL Constructed from chemically resistant plastic One half pint capacity INSPECTION MIRROR Hand size 56 TCS-0405-RFP Rev. 4-05
  • 60. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A LINERS FOR CUSTODIAL CART OR TRASH COLLECTION BARRELS Minimum of one, 112-mil polyethylene Sized to fit custodial trash barrel and shelf-type custodial carts LINERS FOR TRASH RECEPTACLES Minimum 1-mil polyethylene for smaller receptacles Minimum one, 112-mil polyethylene for larger receptacles Sized to fit various size trash receptacles MEASURING CUP Constructed from chemically resistant transparent plastic—1 ounce and 112 gradients Minimum capacity of 16 ounces MOP BUCKET AND WRINGER Constructed from chemically resistant structural plastic “CAUTION—WET FLOOR” and International symbol for slippery floor printed on two opposite sides of bucket metallic bails Removable, swivel non-marking casters Down pressure wringer Bucket capacity approximately 32 quarts and marked with 1 gallon gradients PAIL Constructed from chemically resistant plastic Metallic bale with plastic grip Pouring spout Capacity approximately 2 gallons with 1-quart gradients PUSH BROOM Brush head constructed from chemically resistant plastic approximately 18” in length Synthetic fiber, self-flagging bristles For exterior use Attaches to extending handle PUTTY SCRAPER Metallic blade approximately 2” wide “RESTROOM CLOSED” signs Signs must conform to OSHA Standard 1910.44 safety color code for marking physical standards Constructed of durable plastic Stand-alone Must bear words “RESTROOM CLOSED” RUBBER GLOVES Chemically resistant synthetic or rubber construction 57 TCS-0405-RFP Rev. 4-05
  • 61. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A Waterproof Sizes: small, medium and large SAFETY GOGGLES OSHA-approved SPRAY BOTTLE Chemically resistant plastic construction Transparent or translucent 22-ounce capacity with 1-ounce gradient Pistol-grip type sprayer with adjustable nozzle Leak-proof when on side or upside down SQUEEGEE—GLASS Tempered brass, stainless steel or aluminum channel Rubber blade Approximate blade width 14 to 18 inches SWIVEL PAD HOLDER AND ABRASIVE PADS Pad holder constructed from chemically resistant plastic 360-degree swivel pad holder 2 abrasive pads, fine and medium Attaches to extending handle TOILET BOWL MOP Chemically resistant plastic construction Synthetic fiber mop head Pliable squeeze cup UTILITY BRUSH Soft, synthetic fiber bristles Constructed from Chemical resistant plastic hand-size with short handle WEDGE MOP Cotton string dust mop head with looped-end strings Dust mop head attached to handle with swivel joint Washable and re-treatable with paraffin-based, soil attracting compound Handle length approximately 5 feet Washed and treated by an off-site 58 TCS-0405-RFP Rev. 4-05
  • 62. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A WET MOP Cotton and synthetic fiber mop head with looped end strings Stitched tail-band Quick release type mop handle constructed from chemically resistant plastic 20 to 32 ounce mop head Hollow core, light weight screw-type handle approximately 5 feet in length Mopes shall be color-coded as follows: restrooms, general purpose, stripping, refinishing Recommended Hand Tool Sets Vendor to provide equal or greater sets and to specify quantity and location on facility/floor costs proposals: Closet Set—“JC” *Cart Liners *Detergent Concentrate *Trash Liners *Germicide Concentrate *Measuring Cups *Glass Cleaner *Disposable Cloths *Two Dispensing Pumps *Pail *Two Empty Bottles *Funnel **Treated Dust Clothes * = may be shared by workers using the same closet ** = may NOT be shared by workers using the same closet CART SET—“CAR” Custodial cart Cart liners Fireproof ash receptacle Rubber doorstop ABOVE-FLOOR SET Disposable cloths; detergent solution; treated dust cloths; germicide solution; nylon abrasive pads; glass cleaner Two lambs wool dusters; three trigger sprayers; counter brush; three spray bottles; detail brush cleaner Utility brush; trash liners NON-CARPETED FLOOR CARE SET Broom dust mop handle and head Push brook damp mop handle and head Dust pan; wedge mop handle; head comer brush; swivel pad holder; handle deck brush; swivel pad heads Putty knife; two signs—“CAUTION—WET FLOOR” 59 TCS-0405-RFP Rev. 4-05
  • 63. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A RESTROOM CARE SET Bowl mop; acid bowl cleaner Inspection mirror; one sign—“RESTROOM CLOSED”; rubber gloves; disposable cloths; safety goggles; bowl caddy; tool caddy Drain brush; mop bucket and wringer CARPETED FLOOR CARE SET Upright vacuum cleaner; carpet stain remover Vacuum cleaner bags; aerosol gum remover; extension wand crevice tool; upholstery brush FINISHED FLOOR SET Floor machine—high-speed floor machine; regular speed; three buffing pads—high-speed; three buffing pads—regular; speed spray Buffing solution; one spray bottle; one trigger sprayer End of Statement of Work 60 TCS-0405-RFP Rev. 4-05
  • 64. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A EXHIBIT 4 FLOOR PLANS AND PRICING SHEETS Please see attached Visio and Excel documents for Floor Plans and Pricing Sheets, respectively. 61 TCS-0405-RFP Rev. 4-05
  • 65. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A EXHIBIT 5 ATTACHMENT A VENDOR CERTIFICATION FORM I1certify that neither ________________________________ (Vendor) nor any of its proposed subcontractors are currently under suspension or debarment by any state or federal government agency, and that neither Vendor nor any of its proposed subcontractors are tax delinquent with the State of California or the Federal Government. I have listed all contracts with government or commercial customers during the five years preceding submission of this Proposal. I acknowledge that if Vendor or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Vendor or any of its subcontractors subsequently become delinquent in California or Federal taxes, our Proposal may be disqualified. _______________________________ _______ Signature _______________________________________ Printed Name _______________________________________ Title _______________________________________ Date 62 TCS-0405-RFP Rev. 4-05
  • 66. RFP 07-0601 - Jan Janitorial Services Exhibit 5 Attachment A VENDOR CERTIFICATION FORM (CONTINUED) Attach a List of all Contracts with Public Access Buildings or Government Customers in the Fresno, California area during the Five Years preceding Submission of this Proposal. Attach a List of all Discontinued Contracts with Commercial or Government Customers in the Fresno, California area in the Past Twelve (12) months. Be sure to include addresses and phone numbers. 63 TCS-0405-RFP Rev. 4-05
  • 67. RFP 07-0601 - Jan Janitorial Services Exhibit 3 Statement of Work ATTACHMENT B TRADE SECRET ACKNOWLEDGEMENT All proposals received by the Court shall be considered “Public Record” as defined by Section 6252 of the California Government Code. This definition reads as follows: “…Public records” includes any writing containing information relating to the conduct of the public’s business prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics “Public records” in the custody of, or maintained by, the Governor’s Office means any writing prepared on or after January 6, 1975.” Each proposal submitted is public record and is, therefore, subject to inspection by the public per Section 6253 of the California Government Code. This section states “every citizen has a right to inspect any public record”. The Court will not exclude any proposal or portion of a proposal from treatment as a Public record except in the instance that it is submitted as a trade secret as defined by the California Government Code. Information submitted as proprietary, confidential or under any other such terms that might suggest restricted public access would not be excluded from treatment as Public record. “Trade secrets” as defined by Section 6254.7 of the California Government Code are deemed not to be public record. This definition reads as follows: “… Trade Secrets” … may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data or compilation of information that is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service having commercial value and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.” Information identified by bidder as “trade secret” will be reviewed by the Superior Court of California, County of Fresno’s legal counsel to determine conformance or nonconformance to this definition. Examples of material not considered to be trade secrets are pricing, cover letter, promotional materials, etc. Such materials should be submitted in a separate binder not marked “Trade Secret”. INFORMATION THAT IS PROPERLY IDENTIFIED AS TRADE SECRET AND CONFORMS TO THE ABOVE DEFINITION WILL NOT BECOME PUBLIC RECORD. COURT WILL SAFEGUARD THIS INFORMATION IN AN APPROPRIATE MANNER. Information identified by bidder as trade secret and determined not to be in conformance with the California Government Code definition shall be excluded from 64 TCS-0405-RFP Rev. 4-05
  • 68. RFP 07-0601 - Jan Janitorial Services Exhibit 3 Statement of Work the proposal. Such information will be returned to the bidder at bidder’s expense upon written request. Trade secrets must be submitted in a separate binder that is plainly marked “Trade Secrets”. The Court shall not, in any way, be liable or responsible for the disclosure of any proposals or portions, thereof, if they are not (1) submitted in a separate binder that is plainly marked “Trade Secrets” on the outside and (2) if disclosure is required under the provision of law or by order of the Court. Vendors are advised that the Court does not wish to receive trade secrets and that vendors are not to supply trade secrets unless they are absolutely necessary. 65 TCS-0405-RFP Rev. 4-05
  • 69. RFP 07-0601 - Jan Janitorial Services Exhibit 3 Statement of Work TRADE SECRET ACKNOWLEDGEMENT I have read and understand the above “Trade Secret Acknowledgement”. I understand that the Superior Court of California, County of Fresno, has no responsibility for protecting information submitted as a trade secret if it is not delivered in a separate binder plainly marked “Trade Secret”. Enter company name on appropriate line: ______________________________________ has submitted information identified as Trade Secrets. _______________________________________ has not submitted information identified as Trade Secrets. ACKNOWLEDGED BY: ________________________________________ (____) ______________________ Signature Telephone _____________________________________________________________________ Print Name and Title Date _____________________________________________________________________ Address _____________________________________________________________________ City State Zip 66 TCS-0405-RFP Rev. 4-05
  • 70. RFP 07-0601 - Jan Janitorial Services Exhibit 3 Statement of Work ATTACHMENT C NON-COLLUSION STATEMENT Vendor declares that this proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that such proposal is genuine and not collusive or sham; that said vendor has not directly or indirectly induced or solicited any other vendor to put in a false or sham proposal and has not directly or indirectly colluded, conspired, connived or agreed with any vendor or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that said vendor has not, in any manner, directly or indirectly sought by agreement, communications or conference with anyone to fix the proposal price of said vendor or of any other vendor, or to fix any overhead, profit or cost element of such proposal price, or of that contract; that all statements contained in such proposal are true, and further, that said vendor has not directly or indirectly submitted his proposal price of any breakdown, thereof, or the contents, thereof, or divulged information or data relative, thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, proposal depository or to any member or agent, thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said vendor in this general business. The above Non-collusion Statement is part of the proposal. Vendors are cautioned that making a false certification may subject the certifier to criminal prosecution. Making a false statement will automatically nullify any resulting contract with the awarding agency. I declare under penalty of perjury that the foregoing is true and correct. Date: ___________________________________________________ Contractor/Firm: _________________________________________________________ By: _____________________________________________________ Title: ____________________________________________________ Address: _________________________________________________________ _________________________________________________________ 67 TCS-0405-RFP Rev. 4-05
  • 71. RFP 07-0601 - Jan Janitorial Services Exhibit 3 Statement of Work ATTACHMENT D PROPOSED SCOPE OF SERVICES The bidder shall include as a part of his/her proposal a section entitled “Proposed Scope of Services”. This section is to include the following: A. Cost Proposal sheet by facility to include the Grand Total Contract price. 1) The Vendor will state his/her proposed scope of services for each facility. 2) Describe how the requested services will be accomplished. Include items such as the mechanics of accomplishing each of the services, frequency of each task and completion period of the various services. The vendor is to identify personnel, equipment and other resources that will enable him/her to perform the services as proposed. A summary of this information and/or a janitorial routine for each floor must be attached to its corresponding cost proposal sheet. B. Indicate the proposed days of the week and times of the day at the proposed services will be rendered. C. State all conditions that will prevent your company from delivering the services in a timely manner as proposed under this RFP. D. The Vendor is to state his/her guarantee of delivery of services within the proposed time limits (number b. above). The Vendor may also use this section to support his/her guarantee by offering some type of discount or compensation for failure to meet the proposed time limits. E. Identify any procedures, services, staffing, equipment, etc., that you feel enables your company to provide superior services. Present any other information that you would like considered during the Court’s evaluation of proposals. F. The Contractor shall file with the Court a surety bond satisfactory to the Court in the amount and for the purpose noted. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in California and secured through an authorized agent with an office in California. Contractor shall pay all bond premiums, costs and incidentals. Contractor also to file Declaration for Property Loss and Property Damage Insurance limits, Workers Compensation Policy Information and automobile insurance. 68 TCS-0405-RFP Rev. 4-05
  • 72. RFP 07-0601 - Jan Janitorial Services Exhibit 3 Statement of Work ATTACHMENT E FACILITY COST PROPOSAL This cost sheet must include all costs, including taxes, for each facility for services to be provided to the Superior Court of California, County of Fresno. The costs detailed on this sheet must allow you as the Contractor to meet or exceed the standards and frequency of janitorial services and maintenance for each court facility as identified in the RFP. Any exceptions above or below these standards must be described and explained in an attachment to this cost detail sheet. The cost sheet completed by your company when added together must equal your total contract price to the Court for these services. No other costs will be permitted to be added to the RFP. Exceptions from any standard given in this RFP must be identified along with an explanation as to why such a deviation is proposed. This sheet must summarize all anticipated costs for each full year of services for this specific facility as identified in the RFP. Total Annualized Cost $_____________________YEAR ONE Total Annualized Cost $_____________________YEAR TWO Total Annualized Cost $_____________________YEAR THREE THE GRAND TOTAL FOR YEARS 1, 2, & 3 IS: $______________________ This amount is the total contract price for all services to be provided to the Superior Court of California, County of Fresno, for those facilities included in RFP 07-0601 – Jan, and is identified on the attached Cost Proposal sheet submitted by my company. Company: ________________________________________________________ Print Name: ______________________________________________________ Title: ___________________________________________________________ Signed: ______________________________________Date________________ 69 TCS-0405-RFP Rev. 4-05
  • 73. METRO COURTS Approx ONLY Site Visit Contact Telephone Square Site Visit must be Dark Facility Address Person Number Footage Day completed by Days (559) Downtown 1100 Van Ness Tim 443-5500 181,940 5/10/07 n/a None Courthouse Fresno CA Wilson Dependency 1255 Fulton Mall Sandra 488-2626 25,056 5/10/07 n/a None Court Leon Delinquency 742 S. Tenth Sandra 488-2626 16,212 5/10/07 n/a None Court Leon North Annex 1265 "M" Street Tim 443-5500 9,491 5/10/07 n/a None Jail Wilson OUTLYING COURTS Clovis 1011 Fifth Street Noelia 299-0858 4,980 n/a 5/18/07 None Division Clovis 93612 Pineda Firebaugh 1325 "O" Street Leticia 659-2014 4,881 n/a 5/18/07 W-F Division Firebaugh 93622 Hernandez Fowler 127 E. Merced Jane 834-3045 3,672 n/a 5/18/07 M-T Division Fowler 93625 Reyna Th-F Kerman 719 S. Madera Leticia 846-7370 2,389 n/a 5/18/07 M-T Division Kerman 93630 Hernandez Fri Kingsburg 1600 California Jane 896-9511 4,729 n/a 5/18/07 M Division Kingsburg 93631 Reyna T-Th Reedley 815 "G" Street Peggy 888-2480 5,836 n/a 5/18/07 Fri Division Reedley 93654 Littlefield Sanger 619 "N" Street Irene 875-0671 3,862 n/a 5/18/07 M-Th Division Sanger 93657 Gonzalez Selma 2424 McCall Nancy 659-3120 4,800 n/a 5/18/07 M-W Division Selma 93662 Cooper Court 1963 "E" Street Mary 233-2800 2,700 n/a 5/18/07 None Archives Negrete Approximate Square Footage 270,548
  • 74. MANDANTORY SITE VISIT INSTRUCTIONS Each vendor SHALL visit and review each of the Court facilities included in the Request for Proposal prior to submitting their cost proposal and in accordance with the completion dates indicated herein. METRO COURT FACILITIES At the conclusion of the vendor conference on 5-10-07 Court staff will provide a walking tour of the following facilities: Downtown Courthouse, Dependency Courthouse, and North Annex Jail Court. At the conclusion of visits to these three facilities we will visit the Delinquency facility located at 742 So. 10th Street. This will be the only opportunity to view the private areas of these Court facilities. OUTLYING COURT SITE VISITS: Each vendor shall independently visit and survey each of the Outlying Court facilities included in the Request for Proposal as a requirement of the Request for Proposal. Outlying Court site visits must be completed on or before May 18, 2007. The hours of operation for each of these facilities is Monday to Friday from 8:00 a.m. to 4:00 p.m. and they are open through the lunch hour. Please note the Courtroom Dark days indicated herein. In planning your visits to these facilities if you want to see the courtroom(s) at the particular facility it will be best to plan on visiting that court on a dark day. Staff at these facilities will have advance notice of your visit and will provide you a tour of the respective facility. Staff at these facilities will not be able to answer any questions you have regarding the RFP or your response. Upon arriving at these site you will be asked to document your visit by completing a sign in sheet, you will also be required to present government issued identification prior to being admitted to private areas of the facility. If someone other than the person attending the vendor conference will be making the Outlying Court site visits, their information must be provided at the vendor conference. Persons who are not on the Outlying site visit list will not be allowed access to the private areas of these facilities.
  • 75. Approx Year 1 Year 1 Year 1 Year 2 Year 2 Year 2 Year 3 Year 3 Year 3 Square Monthy Sq. Ft Annual Monthy Sq. Ft Annual Monthy Sq. Ft Annual Facility Address Footage Cost Cost Cost Cost Cost Cost Cost Cost Cost Downtown 1100 Van Ness 181,940 Courthouse Fresno CA Dependency 1255 Fulton Mall 25,056 Court Delinquency 742 S. Tenth 16,212 Court Court 1963 "E" Street 2,700 Archives North Annex 1265 "M" Street 9,491 Jail Clovis 1011 Fifth Street 4,980 Division Clovis 93612 Firebaugh 1325 "O" Street 4,881 Division Firebaugh 93622 Fowler 127 E. Merced 3,672 Division Fowler 93625 Kerman 719 S. Madera 2,389 Division Kerman 93630 Kingsburg 1600 California 4,729 Division Kingsburg 93631 Reedley 815 "G" Street 5,836 Division Reedley 93654 Sanger 619 "N" Street 3,862 Division Sanger 93657 Selma 2424 McCall 4,800 Division Selma 93662 SUB - TOTAL 270,548 Bonding Costs GRAND TOTAL ALL COSTS (excluding expendable paper products)
  • 76. 381 SQ FT 58 SQ FT PUBLIC HALLWAY HALL 82 SQ FT 2576 SQ FT 55 SQ FT HALL 100 SQ FT 373 SQ FT 97 SQ FT 128 SQ FT 130 SQ FT 229 SQ FT 838 SQ FT 156 SQ FT 1015 SQ FT 1065 SQ FT 121 SQ FT
  • 77. TOILETS 290 SQ FT 193 SQ FT 243 SQ FT 584 SQ FT 334 SQ FT 426 SQ FT 405 SQ FT 417 SQ FT 1541 SQ FT 341 SQ FT REAR HALLWAY 339 SQ FT 136 SQ FT 160 SQ FT 170 SQ FT 106 SQ FT 48 SQ FT LOBBY 239 SQ FT REAR HALLWAY 1347 SQ FT 422 SQ FT 104 SQ FT 96 SQ FT 155 SQ FT SEC. HALLWAY 263 SQ FT 315 SQ FT 168 SQ FT 95 SQ FT 1634 SQ FT 1639 SQ FT 150 SQ FT 1618 SQ FT 1338 SQ FT 1335 SQ FT 88 SQ FT 35 SQ FT 65 SQ FT 157 SQ FT 202 SQ FT 103 SQ FT 900 SQ FT PUBLIC HALLWAY 2314 SQ FT
  • 78. 84 SQ FT 65 SQ FT 255 SQ FT 308 SQ FT CAR 5 341 SQ FT 430 SQ FT CAR 4 1870 SQ FT 202 SQ FT 575 SQ FT 199 SQ FT
  • 79. 56 SQ FT 86 SQ FT 108 SQ FT 1719 SQ FT 401 SQ FT CAR 1 189 SQ FT CAR 2 106 SQ FT 297 SQ FT 308 SQ FT CAR 3
  • 80. 89 SQ. FT. 93 SQ. FT. 293 SQ. FT. 387 SQ. FT. 121 SQ. FT. 118 SQ. FT. 115 SQ. FT. 320 SQ. FT. 117 SQ. FT. 279 SQ. FT. 146 SQ. FT. 160 SQ. FT. 158 SQ. FT. 160 SQ. FT.
  • 81. 201 SQ FT 117 SQ FT 75 SQ FT 117 SQ FT 154 SQ FT 85 SQ FT 141 SQ FT 83 SQ FT 700 SQ FT 83 SQ FT 108 SQ FT 85 SQ FT 89 SQ FT
  • 82. 71 SQ FT 76 SQ FT 218 SQ FT 214 SQ FT 372 SQ FT 383 SQ FT 241 SQ FT 383 SQ FT 432 SQ FT 239 SQ FT 390 SQ FT 511 SQ FT 159 SQ FT 159 SQ FT 77 SQ FT REAR HALLWAY 981 SQ FT 120 SQ FT 91 SQ FT 2831 SQ FT 125 SQ FT 93 SQ FT 149 SQ FT 1271 SQ FT 1271 SQ FT 1271 SQ FT 1252 SQ FT 159 SQ FT PUBLIC HALLWAY 3202 SQ FT
  • 83. 56 SQ FT 56 SQ FT 56 SQ FT 56 SQ FT 41 SQ FT 321 SQ FT 322 SQ FT 412 SQ FT 424 SQ FT 448 SQ FT 347 SQ FT 376 SQ FT 387 SQ FT 384 SQ FT 240 SQ FT 425 SQ FT 192 SQ FT REAR HALLWAY 1241 SQ FT 188 SQ FT 58 SQ FT 54 SQ FT 134 SQ FT 67549 91 SQ FT 105 SQ FT 115 SQ FT SEC. HALL 361 SQ FT 106 SQ FT 28 SQ 147 SQ FT FT 58 SQ FT 106 SQ FT 1232 SQ FT 1216 SQ FT 1235 SQ FT 867 SQ FT 870 SQ FT 158 SQ FT 211 SQ FT PUBLIC HALLWAY 3221 SQ FT
  • 84. 110 SQ FT 110 SQ FT 170 SQ FT 131 SQ FT 158 SQ FT 110 SQ FT 110 SQ FT 220 SQ FT 77 SQ FT 386 SQ FT 180 SQ FT 145 SQ FT 180 SQ FT 227 SQ FT 280 SQ FT 110 SQ FT REAR HALL 423 SQ FT 46 SQ FT 56 SQ FT 1180 SQ FT REAR HALLWAY 94 SQ FT 406 SQ FT 807 SQ FT 108 SQ FT 56 SQ FT 92 SQ FT 126 SQ FT 195 SQ FT 88 SQ FT 482 SQ FT 128 SQ FT 720 SQ FT 120 SQ FT 252 SQ FT 121 SQ FT 161 SQ FT 683 SQ FT 155 SQ FT 121 SQ FT 121 SQ FT 90 SQ FT 121 SQ FT 119 SQ FT 404 SQ FT 114 SQ FT 108 SQ FT 959 SQ FT 863 SQ FT 94 SQ FT 169 SQ FT 528 SQ FT PUBLIC 204 242 SQ FT SQ FT 146 SQ FT PUBLIC HALLWAY 3224 SQ FT
  • 85. 33 SQ FT 33 SQ FT 33 SQ FT 32 SQ FT 58 SQ FT 195 SQ FT 183 SQ FT 195 SQ FT 183 SQ FT 488 SQ FT 484 SQ FT 167 SQ FT 380 SQ FT 380 SQ FT 379 SQ FT 380 SQ FT 245 SQ FT 455 SQ FT 525 SQ FT REAR HALLWAY 1062 SQ FT 104 SQ FT 96 SQ FT 94 SQ FT 29 SQ FT 37 SQ FT SEC. HALL 264 SQ FT 102 SQ FT 51 SQ FT 150 SQ FT 91 SQ FT 107 SQ FT 1303 SQ FT 1303 SQ FT 1303 SQ FT 1303 SQ FT 1303 SQ FT 107 SQ FT 153 SQ FT 101 SQ FT PUBLIC HALLWAY 3190 SQ FT
  • 86. 33 SQ FT 32 SQ FT 33 SQ FT 195 SQ FT 183 SQ FT 195 SQ FT 414 SQ FT 373 SQ FT 369 SQ FT 379 SQ FT 523 SQ FT REAR HALLWAY 705 SQ FT LAW LIBRARY 5374 SQ FT 46 SQ FT 94 SQ FT 264 SQ FT 382 SQ FT 153 SQ FT 85 SQ FT 1303 SQ FT 1303 SQ FT 1303 SQ FT 153 SQ FT 114 SQ FT 118 SQ FT 114 SQ FT PUBLIC HALLWAY 3192 SQ FT
  • 87. 48 SQ FT 45 SQ FT 46 SQ FT 52 SQ FT 60 SQ FT 57 SQ FT 45 SQ FT 52 SQ FT 355 SQ FT 156 SQ FT 286 SQ FT 317 SQ FT 359 SQ FT 282 SQ FT 325 SQ FT 282 SQ FT 301 SQ FT 290 SQ FT 75 SQ FT 187 SQ FT 80 SQ FT 80 SQ FT 452 SQ FT REAR HALLWAY 1305 SQ FT 38 SQ FT 44 SQ FT 93 SQ FT 44 SQ FT 367 SQ FT 81 SQ FT 210 SQ FT 1371 SQ FT 1356 SQ FT 1356 SQ FT 1337 SQ FT 1356 SQ FT 180 SQ FT 189 SQ FT 169 SQ FT 97 SQ FT PUBLIC HALLWAY 3095 SQ FT
  • 88. SMOKING AREA
  • 89. CHAMBERS R.R. CHAMBERS CHAMBERS R.R. CHAMBERS 211 SQ FT 63 SQ FT 212 SQ FT 215 SQ FT 63 SQ FT 293 SQ FT Down SALLYPORT COMP. Up 421 SQ FT ROOM 162 SQ FT COURT CLERK COURT CLERK RECORDS 326 SQ FT COURT 111 SQ FT REPORTER REPORTER REPORTER 332 SQ FT 89 SQ FT 97 SQ FT 98 SQFT Up NORTH HALLWAY 762 SQ FT Elev. CLERK 81 SQ FT SECURE CIRCULATION ATT/CLIENT TRAINING/ 75 SQ FT 444 SQ FT CONFERENCE COURTROOM COMMAND 755 SQ FT CLERK 695 SQ FT CENTER 89 SQ FT 127 SQ FT CLERK/ LOBBY/ RECORDS SCREENING 662 SQ FT 697 SQ FT WAITING 197 SQ FT WAITING 134 SQ FT COURTROOM WEST HALLWAY 1142 SQ FT HOLDING 475 SQ FT COURTROOM 762 SQ FT 741 SQ FT MAINT. 76 SQ FT CLERK 233 SQ FT PUBLIC HALLWAY 1223 SQ FT Men 207 SQ FT Locker Rm. Wheel Elev. Chair 65 SQ FT CLERK Lift CLERK 226 SQ FT 199 SQ FT Up Up Women 245 SQ FT Locker Rm. 65 SQ FT Down Women 306 SQ FT Men CLERK 242 SQ FT 216 SQ FT Down COURTROOM WAITING 918 SQ FT VENDING 805 SQ FT Elev. MAINT. CHILDREN'S 47 SQ FT Down WAITING 323 SQ FT Up Dependency Court 1st Flr.
  • 90. DCSS BASYC BARKER 304 SQ FT 648 SQ FT PUBLIC DEFENDER PRIVATE HALLWAY/ 3255 SQ FT Men Women ELEVATOR 537 SQ FT Elev. A.D.O. 629 SQ FT Women 217 SQ FT Men Roof 194 SQ FT A.C. Equipment H.S.S. Women 1532 SQ FT 180 SQ FT MECH. RM. 83 SQ FT Men R.R. 156 SQ FT PUBLIC HALLWAY 811 SQ FT DISTRICT ATTORNEY Men Women 3683 SQ FT BASYC 519 SQ FT MAINT. 69 SQ FT Elev. Dependency Court 2nd Flr.
  • 91. DELINQUENCY - 1ST FLOOR
  • 92. DELINQUENCY - 2ND FLOOR
  • 93. NORTH ANNEX JAIL DEPT. 95/96
  • 94. PLAZA LEVEL- FAMILY SUPPORT / DPTS 90 & 91
  • 95. PLAZA - 11TH FLOOR - FAMILY COURT SERVICES
  • 96. WOMEN'S 33 SQ FT WOMEN'S 234 SQ FT 54 SQ FT 179 SQ FT HALLWAY 69 SQ FT 72 SQ FT 182 SQ FT MEN'S 44 SQ FT 72 SQ FT 166 SQ FT 58 SQ FT 230 SQ FT HALLWAY 86 SQ FT 235 SQ FT 61 SQ FT 60 SQ FT 799 SQ FT 68 SQ FT 67 SQ FT 231 SQ FT 161 SQ FT
  • 97. OFFICE PUBLIC RECEPTIONIST BREAKROOM OFFICE OFFICE OFFICE WAITING AREA AREA MGR OFFICE PUBLIC STORAGE STORAGE OFFICE TERMINALS FAMILY LAW FACILITATOR'S - FULTON STREET 2880 SQ FT
  • 98. 45 SQ FT 279 SQ FT 189 SQ FT 202 SQ FT 62 SQ FT 34 SQ FT 96 SQ FT 44 SQ FT HALLWAY 446 SQ FT 8 SQ FT 61 SQ FT 61 SQ FT 59 SQ FT 677 SQ FT 228 SQ FT 1278 SQ FT 99 SQ FT 373 SQ FT 96 SQ FT 96 SQ FT
  • 99. 1552 SQ FT 247 SQ FT 240 SQ FT 252 SQ FT 91 SQ FT 257 SQ FT 247 SQ FT 462 SQ FT 126 SQ FT 181 SQ FT 162 SQ FT 187 SQ FT 159 SQ FT 465 SQ FT
  • 100. 113 SQ FT 114 SQ FT 133 SQ FT 31 SQ FT 33 SQ FT 31 SQ FT 223 SQ FT 138 SQ FT 138 SQ FT 791 SQ FT 212 SQ FT 688 SQ FT 648 SQ FT 48 SQ FT 169 SQ FT 612 SQ FT 98 SQ FT 79 SQ FT
  • 101. 130 SQ FT 198 SQ FT 222 SQ FT 64 SQ FT 386 SQ FT 1019 SQ FT 155 SQ FT 28 SQ FT 44 SQ FT 308 SQ FT 294 SQ FT 186 SQ FT 222 SQ FT
  • 102. 28 SQ FT 47 SQ FT 218 SQ FT 28 SQ FT 19 SQ FT 23 SQ FT 116 SQ FT 218 SQ FT 851 SQ FT 326 SQ FT 150 SQ FT
  • 103. 23 SQ 23 SQ FT FT 67 SQ FT 67 SQ FT 234 SQ FT 151 SQ FT 201 SQ FT 730 SQ FT 220 SQ FT 893 SQ FT 205 SQ FT 91 SQ FT 58 SQ FT 57 SQ FT 64 SQ FT 150 SQ FT 479 SQ FT 100 SQ FT 77 SQ FT 76 SQ FT 165 SQ FT
  • 104. REEDLEY
  • 105. 224 SQ FT 33 SQ FT 470 SQ FT 6 SQ 8 SQ FT FT 103 SQ FT 25 SQ FT 32 SQ FT 296 SQ FT 71 SQ FT 100 SQ FT 114 sq ft 84 sq ft 29 sq ft 33 sq ft 81 sq ft 29 sq ft 36 sq ft 160 sq ft HALLWAY 209 SQ FT 100 sq ft 111 sq ft 86 sq ft 94 sq ft 64 sq ft 541 sq ft 98 sq ft 33 sq ft 24 sq ft
  • 106. RESTROOM MENS 48 SF 64 SF 60 SF WOMENS JURY MENS DELIBERATION 147 SF 118 SF 232 SF COURTROOM 48 SF 1168 SF JUDGES WOMENS CHAMBERS 64 SF 273 SF COURT CLERK 259 SF COURT LOBBY FILES CONFERENCE REPORTER 135 SF 305 SF 74 SF 86 SF 88 SF SYSTEMS 101 SF 51 SF DATA 885 SF 39 SF BREAKROOM MANAGER WOMENS MENS 128 SF STORAGE 143 SF 58 SF 64 SF 72 SF SELMA COURTHOUSE 4800 SQ. FT.