Microsoft Word - Janitorial RFP 07-08-18 final

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Microsoft Word - Janitorial RFP 07-08-18 final

  1. 1. CENTRAL CONTRA COSTA SANITARY DISTRICT REQUEST FOR PROPOSAL RFP NO. 07-08-18 Janitorial Services INQUIRIES: Direct questions for clarification of this Request for Proposals to Anthony Holt, Buyer Telephone: (925) 229-7312 Fax: (925) 825-1437 E-Mail: aholt@centralsan.dst.ca.us SUBMITTAL: Volume One: One (1) original and four (4) copies Proposals must be received on or before: 3:00 p.m., May 30, 2008 Proposals received after the time and date stated above shall be returned unopened to the Offeror Addressed to: Anthony Holt, Buyer Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 Mark envelope: "Janitorial Services - RFP No. 07-08-18” Pre-Proposal Conference: 10:00 a.m., May 20, 2008 Central Contra Costa Sanitary District Headquarters Office Building –Board Room 5019 Imhoff Place Martinez, CA 94553
  2. 2. CENTRAL CONTRA COSTA SANITARY DISTRICT REQUEST FOR PROPOSAL RFP NO. 07-08-18 NOTICE IS HEREBY GIVEN that the Central Contra Costa Sanitary District invites, and will receive sealed proposals for furnishing all labor, equipment and materials for providing Janitorial Services for the District. Po o a wl erc i da terc pi i ae a teDs i’H a q atr O feB ii , rp s l ib e e e th e e t n t ra th ir t e d u r s f s l v os tcs e i ud g c ln 5019 Imhoff Place, Martinez, CA 94553-4392 until 3:00 p.m., on May 30, 2008. Proposals shall b c al mak da “a i r l ev e –RFP No. 07-08-18” T eDs i s a n t elre y re s J n oi S ri sta c . h ir t h l o receive or tc l consider proposals received late. Inquiries regarding further information about the project should be directed to Anthony Holt at 925-229-7 1 .Iq i srg ri d e t n t teDs i’ H a q atr O feB ii a d 3 2 n u i e ad g i co s o h ir t e d u r s f re n r i tcs e i ud g n c ln tel ai o terc pi i ae ma b d e tdt teDs i’ rc pi i a 9 5 h o t n fh e e t n t ra y e i c c o os r e o h ir t e e t n t t 2 -228- tcs os 9500. Proposal documents may be obtained from the Purchasing Division by calling 925-229-7 1 . rp s l o u nsma a o b d w l d d f m te Ds i’ w b i a 3 2 Po o a d c me t y l e o n ae r s o o h ir t e se t tcs t www.centralsan.org/organization/purchasing/bid_opportunities.html. A pre-proposal conference and job walk will be held at 10:00 a.m. on May 20, 2008 at the Ds i’H a q atr O feB ii i teB adR o T ep ro eo tic nee c is to ir t e d u r s f tcs e i ud g n h o r o m. h up s fh o frn e c ln s discuss with prospective offerors the work to be performed and to allow them to ask questions arising from the initial review of this Request for Proposal. The District considers the pre- proposal conference to be critical to the understanding of the requirements of the Request for Proposals and although not mandatory, attendance at the pre-proposal conference is highly encouraged. The District hereby affirmatively ensures that disadvantaged business enterprises will be afforded full opportunity to submit a proposal in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, handicap, gender, or religion in any consideration leading to the award of contract. Central Contra Costa Sanitary District reserves the right to reject any or all Proposals, to waive any irregularities or informalities not affected by law, to evaluate the Proposals submitted and to award the contract according to the proposal which best serves the interests of said District. The District also reserves the right to change or limit the scope of this project at anytime. Dated at Martinez, California, this March 17, 2008 By:___________________________________________________________________ Jim Warrington, Purchasing and Materials Manager Martinez, California Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 2 of 54
  3. 3. SECTION ONE GENERAL CONDITIONS RFP 07-08-18 1.1 INTENT The Central Contra Costa Sanitary District is requesting proposals from qualified and experienced firms interested in providing Janitorial Services for the District. Proposals are due on or before 3:00 p.m., May 30, 2008. Proposals are to be submitted to: Anthony Holt, Buyer Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, California 94553 Proposal documents may be downloade f m teDs i’w b i a: d r h ir t e se t o tcs t www.centralsan.org/organization/purchasing/bidopportunities.html The scope of work for this project is described in Section Three of this document. The required content, procedures, and format of the requested proposals are described in Section Four of this document. N t:F r up s so ti R q e to Po o a ,O frri d f e a a ye t ,n id a oe o p ro e fh e u s fr rp s l “ f o”s ei d s n ni i v u l s s e n t di , y or firm submitti apo o a i rs o s t teR q e to Po o a s li t n “u c sfl ng rp s l e p n e o h e u s fr rp s l ocai . S ce s n s it o u O frra d“ o t c rrfrotefm t w i ac nrc ia ad d f o” n C nr t ”ee t h i o h h o t t w re . e ao r c a s 1.2 INFORMATION To ensure fair consideration for all Offerors, the Purchasing Division of the Administration Department is issuing this Request for Proposal and Anthony Holt/Buyer is the sole point of contact for the Request for Proposal and, unless otherwise directed, all communications regarding this Request for Proposal should be directed to him. Offerors should carefully review this solicitation for defects and questionable or objectionable matter. Questions and comments regarding this solicitation must be submitted in writing, either by mail or facsimile to the Buyer, no later than 3:00 p.m., May 23, 2008. The q e t n r c mp n n me a de s p o ea dfxn mb r a dc na t es nmu t e u so e’ o a y a , d rs, h n n a u es n o tc p ro i s sb included with the questions or comments. Questions and answers thereto shall be provided all prospective Offerors, but the name of the Offerors submitting questions shall not be disclosed. Questions of a proprietary and competitive nature relating solely to the business interests of the questioner will be answered in strict confidence via individual and confidential communication such as e-mail, telephone or fax and the answers thereto will not be shared with all potential O frr . f o’ e s Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 3 of 54
  4. 4. Offerors are specifically directed to contact the Buyer to arrange for meetings, conferences, or technical discussions related to this Request for Proposal. Failure to adhere to this policy may be grounds for rejection of proposals. 1.3 ADDENDA TO THE REQUEST FOR PROPOSAL Important Notice - Any revisions to the Request for Proposal will be issued and distributed as addenda. The District will not be responsible for oral interpretations given by any District employee, representative, or others. Offerors are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the RFP document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. It is the responsibility of each Offeror to ensure that the District has their correct business name and address on file. Any prospective Offeror who obtained a set of proposal documents from anyone other than the District is responsible for advising the District that they have a set of proposal documents and wish to receive addenda. If any addenda are issued to this Request for Proposal, the District will attempt to notify all prospective Offerors who have secured same and whose name and address are on file with the District. However, it will be the responsibility of each Offeror, prior to submitting their proposal, to contact the Buyer, to determine if addenda were issued and to make such addenda a part of the proposal. The District reserves the right to revise or amend the proposal documents up to the time set for opening the proposals. Any addenda or bulletins issued shall constitute a part of the contract documents. Offerors shall acknowledge receipt of any addenda to the solicitation by signing and returning the addenda with the proposal. 1.4 PRE-PROPOSAL CONFERENCE A pre-proposal conference will be held at 10:00 a.m. on May 20, 2008 a teDsr t t h itc’ i s Headquarters Office Building in the Board Room, 5019 Imhoff Place, Martinez, CA. The p ro eo tic nee c it d c s wt po p cv O frr tew r t b performed and up s fh o frn e s o i u s i rs e te f o’ h ok o e s s h i e s to allow them to ask questions arising from the initial review of this Request for Proposal. The District considers the pre-proposal conference to be critical to the understanding of the requirements of the Request for Proposals and, although not mandatory, attendance is highly encouraged. It is anticipated that no additional pre-proposal conferences will be scheduled. However, the District hereby reserves the right to schedule additional conferences when deemed to be in the best interest of the District. Questions and answers from the pre-proposal conference will be transcribed by the District and sent to prospective Offerors as soon as possible after the meeting. Offerors with a disability needing accommodation must contact the Buyer prior to the date set for the pre-proposal conference so that reasonable accommodation can be made. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 4 of 54
  5. 5. 1.5 LETTER OF INTENT TO PROPOSE Al trn i t gteO frr i e tors o dt teR q e to Po o a mu t erc i d e e i c i h f o’ n n t e p n o h e u s fr rp s l s b e e e t d an e s t v at the address specified herein, no later than 3:00 p.m. May 28, 2008. Letters of Intent to Propose may be delivered in person, via U.S. Mail or by facsimile transmission or e-mail. Failure to submit a Letter of Intent to Propose, by the deadline specified, may result in the rej t no teO frr po o a S b si o teL t r fne toPo o ec n t ts h e i fh f o’ rp s l u mi o fh et o Itn t rp s o st e te co e s . sn e iu O frr a c pa c o tepo e ue , v l t nci r , n oh r d n t tei t co s f o’ ce tn e fh rc d rs e a ai rei a d te a mis ai n r t n e s u o ta ir v s u i of the Request for Proposal. The District assumes no responsibility for delays caused by the United States Postal Service or by common carriers or by any delivery or courier service the Offeror may select or by transmission errors or delays or mistaken delivery. Time extensions will not be granted. Each Offeror must appoint an individual to officially represent the Offeror for this acquisition. Include the following information in the Letter of Intent to propose: 1. Name and address of company 2. Telephone and facsimile numbers and e-mail address 3. Name and title of Of rr rpe e tte f o’ e rs nai e s v 4. Statement of Intent to Propose Offerors may withdraw their Letters of Intent to Propose at any time before the deadline for proposal submission. Letters of Intent to Propose shall be mailed, emailed, faxed, or delivered to: Anthony Holt, Buyer Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, California 94553 Fax: 925-825-1437 1.6 SUBMISSION OF PROPOSALS This solicitation has a firm due date and time as specified herein. It is solely the responsibility of the Offeror to ensure that their proposal is received by the District, in accordance with the solicitation requirements, prior to the deadline and at the place specified. In no event will a proposal be considered if it is received after the specified due date and time. Any proposal rc i datr h t h lb rtre , n p n d t teO frr po i dteO frr rtr e e e f ta s a e eun d u o e e ,o h f o, rv e h f o’ eun v e l e d e s address is on the envelope. Notwithstanding any provision specified herein, the District reserves the right to extend the proposal submittal deadline when it is in the best interest of the District. Proposals shall be submitted under sealed cover and shall be clearly marked as “Janitorial Services - RFP No. 07-08-18” n tepo o a c s gd t a dt , sw la a d h rp s l l i ae n i a e s on me l te O frr n me and return address shall also be included. h f o’ a e s The District shall not be rs o s l frpo o a rc i d l e d e t O frr fir t i ni te po o a a e p n ie o rp s l e e e a b s v t u o f o’ aue o d t h rp s l s e s l e f y required hereunder. Proposals may be submitted by hand, by courier or by U.S. Mail to the address specified below; however, facsimile and electronic proposals will not be accepted. If the proposal is submitted by Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 5 of 54
  6. 6. mail or courier, Offerors should allow ample delivery time to ensure the timely receipt of their proposals. The District shall not be responsible for any delays by the United States Postal Service or by common carriers or couriers or as a result of mistaken delivery. Deliveries made before the date and time due, but to the wrong District office, will be considered non-responsive unless re-delivery is made to the office specified before the date and time due specified in the Request for Proposal. Postmarks will not be accepted. Proposals are to be mailed or delivered to: Anthony Holt, Buyer Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, California 94553 1.7 EXAMINATION AND ACCEPTANCE OF PROPOSAL REQUIREMENTS Before submitting a proposal, Offerors must satisfy themselves by personal examination of the proposal documents, and by any other means as they may believe necessary, as to the actual conditions, requirements, and difficulties under which the work must be performed and to verify any representations made by the District, upon which the Offeror will rely. The submission of a proposal shall be considered conclusive evidence that the Offeror has carefully investigated all conditions that affect, or may at some future date affect, the performance of services covered by this solicitation, and is satisfied as to the character, quality, and quantities of work to be performed and as to the requirements of the Request for Proposal. Submission of a proposal shall also be evidence that the Offeror is familiar with directives that in any way affect prosecution of the work or persons engaged or employed in the work. The District shall not be responsible for any error or omission in any proposal. No Offeror shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract. If the Offeror receives an award as a result of this Request for Proposal, failure to have made such investigations and examinations will in no way relieve the Offeror from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the Offeror for additional compensation. Any errors, omissions, or discrepancies found in the specifications or other contract documents shall be called to the attention of the District and clarified prior to the submission of proposals. Should the Offeror feel there has been a supplemental or oral modification, it shall be his/her responsibility to verify said modification in writing prior to submission of the proposal. Upon submission of RFP documents, all such documents shall become the property of the District. The contents of the proposal of the Successful Offeror shall become contractual obligations if procurement action ensues. Failure to accept these obligations in a contractual agreement shall result in cancellation of award. 1.8 OFFEROR’ POWER AND AUTHORITY S The Offeror, in submitting a proposal, warrants that it has full power and authority to comply with the requirements specified herein and will hold the District harmless from and against any and Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 6 of 54
  7. 7. all loss, cost, liability, and expense (including reasonable attorney fees) arising out of any breach of this warranty. Further, Offeror affirms that it has not and will not enter into any arrangement with any third party, which might abridge any rights of the District under this Contract. 1.9 OFFEROR’ EXPERIENCE AND COMPETENCY S The Offeror, in submitting a proposal, warrants that it is fully experienced and properly qualified to provide the services required herein, and that it is regularly engaged in the general class or type of work called for under the contract, properly licensed, equipped, organized, and financed to perform such work required herein. Offeror shall also have no less than five (5) years of experience in the magnitude and character of the work proposed. By submitting a proposal, the Offeror certifies that it is not currently debarred from submitting bids, proposals, or quotations for contracts issued by any political subdivision or agency and that it is not an agent of a person or entity that is currently debarred from submitting bids, proposals, or quotations for contracts issued by any political subdivision of agency. 1.10 PROPRIETARY INFORMATION The proposals received shall become the property of the District and are subject to public disclosure. Offerors are to indicate any restrictions on the use of data contained in their responses. Materials must be clearly identified and the Offeror must include a brief statement that sets out the reasons for confidentiality. Those parts of a proposal which are defined by the Offeror as confidential, proprietary or, business or trade secrets, as that term is defined in C l ri G v rme t o e S co 6 5 ., n aera o a l mak da “rd S ces, af n o en n C d , e t n 2 47 a d r e s n b i a o i y re s Ta e e rt ” “ o f e t lo “rpi ay s a o l b d c s dt tep bcis c d c s r i rq i d C ni ni” rPo r tr” h l n e i l e o h u l f u h i l ue s e u e d a e l y so i so r or permitted under the California Public Records Act or otherwise by law. Marking the entire proposal as proprietary will neither be accepted nor honored. Failure by Offeror to label materials as proprietary, shall be deemed a waiver by the Offeror of any claim against the District for release of said materials. 1.11 MODIFICATION OF PROPOSALS Any Offeror who wishes to make modifications to a proposal already received by the District must withdraw his/her proposal in order to make the modifications. Withdrawals must be made in accordance with the terms and conditions of this solicitation (see Withdrawal of Proposals). All mo i ai s mu tb ma e i i ,po el it l b O frr a toi d rpe e tte d i tn f o c s e d n n rp r nie y f o’ uh re e rs nai , k y i d a e s z v executed, and submitted in the same form and manner as the original proposal. It is the responsibility of the Offeror to ensure that modified or withdrawn proposals are resubmitted before the deadline for submitting proposals. 1.12 WITHDRAWAL OF PROPOSALS Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals, only by written request for the withdrawal of the proposal filed with the Buyer. The Offeror or his/her duly authorized representative shall execute the request. The withdrawal of a proposal does not prejudice the right of the Offeror to file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of Proposals. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 7 of 54
  8. 8. 1.13 EVALUATION AND AWARD OF CONTRACT Evaluation and selection of proposals will be based on the information called for in this Request for Proposal. Brochures or other promotional materials beyond that sufficient to submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary. It is the intention of the District to award a contract to the Offeror who furnishes satisfactory evidence that he/she has the requisite experience, ability, sufficient capital, and facilities to enable him/her to prosecute the work successfully and properly. To determine the degree of responsibility to be credited to the Offeror, the District will weigh any evidence that the Offeror has performed satisfactorily other contracts of like nature, magnitude, and comparable difficulty and comparable rates of progress. The District reserves the right to make the selection of an Offeror based on any or all factors of value, whether quantitatively identifiable or not, including, but not limited to, the anticipated initiative and ability of the Offeror to perform the services set forth herein. In selecting an Offeror, consideration will be given not only to the financial standing but also to the general competency of the Offeror for the performance of the work specified in the contract documents. The Offeror may also be evaluated on the basis of character, integrity, reputation, judgment, experience, and efficiency. The Offeror may be required before the award of any contract to show to the complete satisfaction of the District that it has the necessary licenses, permits, equipment, facilities, experience, ability, capacity, skill and financial resources to provide the services specified herein in a satisfactory manner. The Offeror may be required to give a past history and references in ore t s tf teDs i i rg r t teO frr q afai s T eDs i d ro aiy h ir tn e ad o h f o’ u lc t n . h ir t s tc e s i o i tc may make such investigation as it deems necessary to determine the ability of an Offeror to furnish the required services, and the Offeror will furnish to the District all such information and data for this purpose as the District may request. The District also reserves the right to conduct a background inquiry of each Offeror, which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories, and reputation in the business community. By submitting a proposal to the District, the Offeror consents to any such inquiries and investigations and agrees to make available to the District such books and records as the District deems necessary to conduct the inquiry. In connection with its evaluation, the District may, at its option, invite one or more Offerors to make an oral presentation to the District. During these interviews, the Offerors will be allowed to present such evidence as may be appropriate in order that the District can correctly analyze all materials and documentation submitted as a part of the proposals. The District reserves the right to reject any proposal if the evidence submitted by or investigation of such Offeror fails to satisfy the District that such Offeror is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein or; the proposal of any Offeror who has previously failed to perform properly, or complete on time, contracts of a similar nature. Any material misrepresentation or material falsification of information provided to the District in the proposal submission, or at any point in the proposal evaluation process is basis for rejection of the proposal. In the event that the misrepresentation or falsification is not discovered until after any agreement is awarded, the agreement may be terminated at that time. A determination as to whether a misrepresentation or falsification of the po o a s b si i maei s a b ma es lyi tee ec eo teDs i’ s u d rp s l u mi o s tr l h l e d o l n h x ri f h ir t o n sn a l e s tcs discretion. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 8 of 54
  9. 9. Failure to meet the requirements of the Request for Proposal may be cause for rejection of the proposal. The District may reject the proposal if it is deemed incomplete, contains irregularities of any kind or is offered conditionally. The District reserves the right to reject the proposal of any Offeror who previously failed to perform adequately for the District or any other governmental agency. The District expressly reserves the right to reject the proposal of any Offeror who is in default on the payment of taxes, licenses, or other monies due the District. The District reserves the right to reject any and all proposals at any time, without cause and wto tp n l;t w i a yrq i me t b t te Ds i’ a d to e po o e b te i u e a y o a e n e u e ns oh h ir t n h s rp s d y h h t v r , tcs Offeror; to waive any irregularities or informalities in any proposal or the proposal process when it is in the best interest of the District to do so; to negotiate for the modification of any proposal with mutual consent of the Offeror; to waive minor defects or variations of a proposal from the exact requirements of the specifications that do not affect the price, quality, quantity, delivery or performance time of the service or product being procured; to re-advertise for proposals, if desired; sit and act as sole judge of the merit and qualifications of the service offered and; to evaluate in its absolute discretion, the proposal of each Offeror, so as to select the Offeror which best meets the requirements of the District, thus insuring that the best interest of the District will be served. If an Offeror submits insufficient information within the proposal, such that the District is unable to properly evaluate the proposal, the District has the right to require additional information, as it may deem necessary after the time set for receipt of proposals. Proposals expressing terms and conditions that do not conform to the terms and conditions in the Request for Proposal documents may be subject to rejection as non-responsive. The District reserves the right to permit the Offeror to withdraw non-conforming terms and conditions from its proposal response prior to the determination of the District of non-responsiveness based on the submission of non-conforming terms and conditions. AWARD OF CONTRACT F RT I P O E TI C N I E TU O A P O A B T EDS RC ’ B A DO O HS R J C S O TG N P N P R V L Y H IT ITS O R F DIRECTORS. Award of contract will not be based solely on price. Award of contract shall be made to the responsive, responsible offeror meeting the specifications and requirements of the RFP and having the lowest proposal and satisfactory qualifications and performance record. The following criteria will be used in this determination: A. Total proposal price in accordance with the requirements of the Request for Proposals and the ability to satisfy those requirements. B. C mp n ’rp tt na df a c ltts o a y e uai n i n i s u . s o n a a C. Past experience. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 9 of 54
  10. 10. 1.14 ADDITIONAL TERMS AND CONDITIONS The District reserves the right to add terms and conditions during contract negotiations. These terms and conditions will be within the scope of the Request for Proposal. 1.15 CONTRACT REQUIREMENT The Successful Offeror will be expected to enter into a contract with the District which is substantially the same as the contract included in this Request for Proposal in the Appendix. In no event is an Offeror to submit its own standard contract terms and conditions as a response to this Request for Proposal. As a part of their proposal, as described in Section 4.2, Project Summary and Exceptions, Offeror may submit exceptions, changes and modifications that O frr yh v rg ri teDs i’ R q e to Po o a . o e e,h Ds i i n t f o ma a e e ad g h ir t e u s fr rp s l H w v r te ir ts o e n tcs s tc obligated to accept such exceptions, changes or modifications and reserves the right to reject O frr po o a b s do tee c pi s c a g s r d i t n rq i db teO frr f o’ rp s l a e n h xe t n , h n e o mo i ai s e u e y h f o. e s o f o c r e 1.16 CONTRACT DURATION The contract shall be for a one (1) year period with four (4) one-year extensions. 1.17 CONTRACT ADMINISTRATION AND AUTHORITY OF THE DISTRICT The Purchasing Department will administer the contract resulting from this Request for Proposal. The Project Managers who will oversee the day-to-day operations and work requirements related to this Request for Proposal will be Rick Ginn and Don Rhoads or their designated representative. Subject to the power and authority of the District as provided by law a di ti c nrc teDs i’ Po c Ma a es shall in all cases determine the quantity, n n h o t t h ir t rj t n g r s a, tcs e quality, and acceptability of the work for which payment is to be made under this contract and shall decide all questions that may arise relative to the fulfillment of the contract or the obligations of Contractor hereunder. Decisions by the Project Managers or their representative may be appealed to the Purchasing Manager. 1.18 EXECUTION OF CONTRACT Time is of the essence regarding the work to be performed for this Project. Contractor shall execute the contract without exception, including but not limited to signing all necessary documents and submitting all required bonds and evidences of insurance, within ten (10) calendar days after the notice of award. One copy of the contract will be returned to the Contractor after the District executes the contract. In case of failure of the Contractor to execute and return the contract and all required documents within the time allowed, the District may, at its option, consider that the Contractor has abandoned the contract. As such, the District may choose to enter into a contract with another Offeror. 1.19 ASSIGNMENT OF CONTRACT No assignment, transfer, conveyance or subletting of the contract or any part hereof, or of funds to be received hereunder, will be binding upon the District unless such assignment had prior written approval and consent of the District. In the event the District gives such consent, the Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 10 of 54
  11. 11. terms and conditions of the contract shall apply to, and bind the party or parties to whom such work is assigned, sublet or transferred. 1.20 INDEPENDENT CONTRACTOR Contractor shall be legally considered an independent contractor and neither Contractor, nor its employees, shall, under any circumstances, be considered servants or agents of the District; and the District shall be at no time legally responsible for any negligence or other wrongdoing by Contractor, its servants or agents. Contractor shall pay all taxes, levies, duties and assessments of every nature due in connection with any work under the contract, shall make any and all payroll deductions required by law, and shall indemnify and hold harmless the District from any liability on account of any and all such taxes, levies, duties, assessments and deductions. The District will not withhold from the Contract payments to the Contractor any federal or state unemployment taxes, federal or state income taxes, Social Security tax, or any other amounts for benefits to Contractor. Further, the District will not provide to the Contractor any insurance c v rg o oh r e ei,n l i Wok r’ o e s t n n r l po i d o ea e r te b n f i u n t c d g res C mp n ai , omay rv e s o l d by the District for its employees. 1.21 CERTIFICATES AND LICENSES Contractor may be required to possess specialized permits, licenses or certificates in order to legally perform the work under any contract awarded as result of this Request for Proposal. Unless otherwise specified herein, Contractor shall at his/her expense, pay all charges and fees associated with said permits, licenses and certificates. Contractor shall provide the District notarized copies of all valid permits, licenses and certificates required for the performance of the work under this Request for Proposal. The notarized copies shall be delivered to the District no later than ten (10) days after the Contractor receives the notice of award from the District. Current copies of the certificates or licenses shall be provided to the District within twenty-four (24) hours of demand at any time during the contract term. 1.22 INSURANCE Contractor and its insurance company should carefully review the insurance requirements applicable to this job. All requirements must be met before the District will allow work to commence on this contract. When performing work on property in the care, custody or control of the District, Contractor shall, at its expense, procure and maintain Commercial General Liability Insurance and Automobile Liability Insurance with a State of California admitted surety wt a AM.B ssIs rn e R t g o AVI rb t ro a o i o erations under this i n . h e t n ua c ai f :I o et n l f t p ’ n e l s Contract for the duration of the work and the warranty period. All Certificates of Insurance shall be provided within ten (10) consecutive calendar days of award of contract. Failure to furnish the required certificates and endorsements within the time allowed is a material breach and will result in withdrawal of award. 1.22.1 Commercial General Liability Insurance. Contractor shall carry general liability insurance in any combination of primary, excess or umbrella insurance, covering all operations by or on behalf of Contractor for the limits of liability not less than $1,000,000 per occurrence. If the policy has a general aggregate limit, the aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 11 of 54
  12. 12. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability c v rg “curn e fr C 0 0 . Contractor' c v rg s a b “curn e c v rg o ea e o c r c ”om G 0 1 e s o ea e h l e o c r c ” o ea e l e a dn tc i ma e c v n o “lms d ” o erage. Coverage shall include, or be endorsed to include, coverage a for personal injury liability assumed under Contract. The policy shall also include liability arising out of the use and operation of any District-furnished equipment by Contractor, its personnel and others. The District, its officers, directors, and employees shall be named as additional insured on Contractor’p lyb ap lypo io o e d re n po in c v rg a l s s oc y oc rv i r n os me t rv i o ea e te t i i sn dg a a bo da Is rn eS ri sO fe“d i n ln ue - Owners, s or Contractors (Form B) s ra s n ua c ev e f c i A d i a Is rd c to e d re n N mb r G 2 1 . n os me t u e C 0 0” The required additional insured coverage for the District, its officers, directors, and employees shall stipulate that the insurance afforded the additional insured shall apply as primary insurance and that any other insurance or self-insurance maintained by the District shall be excess only and shall not be called upon to contribute with Contractor’i ua c . sn rn e s The Commercial General liability Insurance coverage shall include (a) care, custody and control as well as errors and omission coverage related to the breach of duty by the Contractor and its employees (b) personal liability coverage and (c) assault and battery coverage. 1.22.2 Automobile Liability Insurance. Contractor shall carry Automobile Liability Insurance in any combination of primary, excess or umbrella insurance, provided the coverage is at least as broad as the liability coverage of Insurance Services Office Business Automobile Liability, S mb l o e# “n a t”fr n y o C d 1 a y uo ( m umber CA 0001), in an amount not less than $1,000,000 per o occurrence. The District, its officers, directors and employees shall be named as additional insured on C nrc r p lyb ap lypo io o e d re n po in c v rg a l s a bo d o t t ’ oc y oc rv i r n os me t rv i o ea e te t s ra a os i i sn dg a a Is rn e S ri s O fe “d i n lIs rd - Owners, s or Contractors (Form B) s n ua c ev e c f i A d i a n ue c to e d re n N mb r G 2 1 . n os me t u e C 0 0” The required additional insured coverage for the District, its officers, directors, and employees shall stipulate that the insurance afforded the additional insured shall apply as primary insurance and that any other insurance or self-insurance maintained by the District shall be excess only and shall not be called upon to contribute with Contractor’i ua c . sn rn e s 1.22.3 Workers' Compensation and Employers Liability Insurance. Wok r’ res Compensation Insurance shall be provided as required by any applicable law or regulation. Employers Liability Insurance shall be provided in an amount not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 policy limit for bodily injury by disease, and $1,000,000 each employee for bodily injury by disease. The insurer shall waive all rights of subrogation against the District, its officers, directors, and employees. 1.22.4 Additional Insured. The General Liability and Auto Liability policies are to contain or be endorsed to name the District, its officers, appointed and elected officials, agents and employees as Additional Insured as respects the liability arising out of the activities performed in connection with this contract. The coverage shall (a) be primary with respect to any insurance or self-insurance programs maintained by the District; (b) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; and (c) contain Standard Cross-liability provisions. Such additional insured Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 12 of 54
  13. 13. endorsements maintained by the Contractor and its subcontractors shall not be required to provide coverage for District for the active negligence of District. Original endorsements, signed by a person authorized to bind coverage on its behalf, shall be furnished to the District by the Contractor. With regard to additional insured requirements, the following specific language shall be utilized: “h Ds i i n me a a d i a i ue fr li iyain o t fh o eai sb o o T e ir ts a d s d i n l s rd o a lbi r i u o te p rt n y r n tc to n la l t sg o behalf the named insured, and this policy protects the additional insured, its officers, agents and employees against liability for bodily injuries, deaths or property damage or destruction arising in any respect directly or indirectly in the performance of the contract. The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured and the coverages afforded shall apply as though separate policies have been issued to each insured. The insurance provided herein is primary and no insurance held or owned by the District shall be called upon to contribute to a loss. This policy does not exclude explosion, collapse, underground excavation hazard or removal of l ea s p ot a rlu p r” t . 1.22.5 Cancellation Clause. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice has been given to the District. The following specific language shall be utilized: “ o ea eb ti p lys a n t erd c do c n ee wto th t (0 d y C v rg y h oc h l o b e u e r a c ld i u tiy 3 ) a s s i l l h r written notice given to the District y ete ma rtr rc i rq e td” b c rf d i eun e e te u s . ii l p e 1.22.6 Wok r’ o e s t nS l res C mp n ai o ef -Insurance. In the event Contractor is self-insured, he shall furnish a Certificate Of Permission to Self-Insure, signed by the Department of Industrial Relations Administration of Self Insurance, Sacramento, California. 1.22.7 Deductibles and Self-Insured Retention. Any deductibles or self-insured retention must be declared to, and approved by, the District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the District, its officials, employees, and agents; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the District. 1.22.8 Commencement of Work and Failure to Comply with Requirements. Original, signed certificates and original, separate endorsements, naming the District as additional insured for liability insurance and automobile insurance as well as a waiver of subrogation for Wok r C mp n ai Is rn eaet b rc i da drv w db teDs i b fr a y re’ o e s t n n ua c r o e e e e n e i e y h ir t eoe n s o v e tc work is commenced hereunder by Contractor. The certificates and amendatory endorsements shall be signed by an authorized agent of the insurer, binding the insurer. The District reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance correspondence, notices, certificates, and endorsements from the insurance carriers shall each separately reference the District Contract Number. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 13 of 54
  14. 14. In the event Contractor fails to comply with this section, the District may take such action, as the Ds i d e n c sayt poe th Ds i’ i ee t S c a t nmay include but is not ir t e ms e e s r o rtc te ir t n rs u h co tc tcs t . i limited to termination of the Contract, withholding of payments, or other action, as the District deems appropriate. Furthermore, if at any time during the life of the contract, Contractor fails to maintain in full force any insurance required by the contract documents, the District may acquire the necessary insurance for the Contractor and deduct the cost thereof from the appropriate progress payments due Contractor. Contractor shall maintain the insurance for the life of the contract. Should Contractor cease to have insurance as required during any time, all work by Contractor pursuant to this agreement shall cease until insurance acceptable to the District is provided. The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions herein may be within public policy and enforceable. Original insurance certificates and endorsements are to be mailed or delivered to: Anthony Holt, Buyer Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 1.23 WORKER’ COMPENSATION CERTIFICATION S Contractor shall complete the Wok r’ o e s t nC rfai F r (Appendix) certifying res C mp n ai etc t n om o i o i c mpa c wt tew resc mp n ai po io o teC l ri L b r o e o ln e i h ok r’o e s t n rv i fh af n a o C d . i h o sn i a o 1.24 INDEMNIFICATION To the fullest extent permitted by law Contractor agrees to indemnify, defend and save harmless the District, its officers, directors, agents and employees, and each of them, from and against any and all suits, actions, legal or administrative proceedings, claims, demands, consequential d ma e ,i ii ,nee tatre ’ fe , o t e p n e a dl s so w as e e k do a g s lbi s i rs t n y e s c s , x e s s n o e f h t v r i r a le t t , o s s s o n nature, whether or not well founded in fact or in law and, directly or indirectly caused, occasioned or contributed to in whole or in part, or claimed to be caused, occasioned or contributed to in whole or in part, by reason of any act, omission, fault or negligence whether a teo p si o C nrc r r f n o ea t gu d r o t c r d e t no c nrlo o cv r a s e f o t t o o a y n cn n e C nr t ’ i co r o t , r n i v ao i a os r i o C nrc r b h l i c n e t nwt o i i n t tep r r n eo teC nrc i l i o t t ’ e a , n o n co i rn d to h ef ma c fh o t tn u n a os f i h ce o a cdg delivery and unloading of supplies and equipment, regardless of the passive, concurrent negligence on the part of the District or anyone acting under its direction or control or on its behalf. Without limiting the generality of the foregoing, the same shall include injury or death of any person or persons and damage to any property, regardless of where located, including wto ti tt n te po et o te Ds i, o t c r e l e sa d a oh rp ro s i u l ai h rp r f h ir t C nr t ’ mp y e n l te es n . h mi o y tc a os o l F r emoe C nrc r o lai t i e i teDs i s a n t ers ie t i ut r r, o t t ’ bg t n o n mn y h ir t h l o b e tc d o n h a os i o d f tc l rt surance proceeds. Contractor acknowledges that it has fully informed itself of the contents and meaning of this indemnification requirement and that the terms are contractual and not a mere recital. These Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 14 of 54
  15. 15. requirements shall also apply to any Contractor's subcontractor whose hazards are not covered by Contractor's insurance policies. It is further the intent of the parties that this indemnification requirement is not intended to relieve the District from liability for the active negligence of the District, its officers, appointed and elected officials, agents and employees. This hold harmless clause is in no way an admission of liability on the part of the District or any of its agents or employees. 1.25 POST-AWARD MEETING Contractor shall meet with te Ds i’ Po c Ma a e pi t c mme c me to te h ir t rj t n g r r r o o tcs e o ne n f h contract. The meeting shall commence within ten (10) days of the date of execution of the c nrc o s o e.Ii C nrc r rs o s iyt c na th Ds i' Po c Ma a e,o o t t r o n r ts o t t ’ e p n il o o tc te ir t rj t n g rt a a os bi t tcs e arrange for the post-award meeting. The purpose of this meeting will be to discuss the rq i me t o tec nrc a dC nrc r rs o s ii .A d i ay d c si a o th e u e ns fh o t t n o t t ’ e p n ile r a a os bi s d i n l, i u s n b u te t t l s o o forms, reporting format and other details related to the performance under the contract will be discussed. 1.26 PHYSICAL DAMAGE C nrc rs a b h l rs o s l fra y be k g ,l s o d ma e o te Ds i’ o t t h l e e e p n ie o n ra a e o , r a g f h ir t ao l d b s tcs equipment or supplies or to property owned by the District or its customers through the negligence of Contractor or his/her employees while performing the work specified herein or w ri o teDs i’pe s s C nrc r h l ers o s l fre tr go rp c ga y ok g n h ir t rmi . o t t s a b e p n ie o rs i re l i n n tcs e ao l b on an equipment, facilities, etc., so damaged. Contractor shall immediately report to the District any damages to the premises resulting from services performed or goods supplied under this contract. Failure or refusal to restore or replace such damaged property will be a breach of this Contract. 1.27 TERMINATION FOR DEFAULT AND CAUSE In the event that Contractor fails to perform under the terms of the contract or willfully violates any of the conditions or covenants of the contract documents, the District may terminate the contract with ten (10) days written notice to Contractor. Termination for cause shall be at the discretion of the District and such cause shall be, but not limited to the following circumstances: A. If Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under its agreement the District may terminate the contract, in whole or in part. B. Any assignment, subletting or transfer of the interest of Contractor, either in whole or in part, without the written consent of the District shall be cause for the District to immediately terminate the agreement for default. After receipt of a notice of termination, except as otherwise directed, Contractor shall stop work on the date of receipt of the notice of termination or other date specified in the notice; place no further orders for services, except as necessary for completion of such portion of the services not terminated; and settle all outstanding liabilities and claims. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 15 of 54
  16. 16. In case of default by Contractor, the District may procure the services from other sources and hold Contractor responsible for any resulting additional purchase and administrative costs and may deduct from monies due, or that may thereafter become due to Contractor, the difference between the contract price and the actual cost thereof to the District. Prices paid by the District shall be considered the prevailing market price at the time such costs are incurred. This remedy shall be in addition to any other remedies that the District may have. Contractor shall not be held responsible for failure to perform the duties and responsibilities imposed by the contract due to legal strikes, fires, riots, rebellions and acts of God beyond the control of the Contractor, unless otherwise specified in the contract. 1.28 TERMINATION FOR CONVENIENCE The performance of work under the contract may be terminated by either Party in whole or in part whenever the Party determines the termination is in the Party's best interest. Any such termination shall be effected by the Party by the delivery of written notice of termination at least thirty (90) days before the date of termination, specifying the extent to which performance of the work under the Contract is terminated and the date upon which such termination becomes effective. 1.29 NON-APPROPRIATION All funds for payment by the District under this Contract are subject to the availability of an annual appropriation for this purpose by the Board of Directors. In the event of non- appropriation of funds by the Board of Directors for the services or goods provided under contract, the District will terminate the Contract, without termination charge or other liability, on the last day of the then-current fiscal year or when the appropriation made for the then-current year for the services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of the contract, immediate written notice shall be given to the Contractor and cancellation shall be accepted by Contractor on thirty (30) d y’ r r rtnn te b tauet g es c n tes a b o n efc a dteDs i s a a spi w i o t e oi , u fir o i u h oi h l e f o f t n h ir t h l c l v c l e tc l not be obligated under this contract beyond the date of termination. 1.30 PAYMENT Contractor shall be fully responsible for assuring that all services arising from the contract are billed the correct and applicable contract rate. Contractor is required to establish and maintain a process to monitor its billing practices and will refund all over-charges that may occur. The District will routinely audit invoices generated by Contractor. Invoices shall be submitted monthly for all work completed during the previous month. Invoices shall include and separately list the following items: 1. Contract Number or Purchase Order Number. 2. Date of service. 3. Pricing itemized by facility or location, described exactly as the bid items on the Proposal Form of this RFP. 4. Description of any extra services provided. Invoices not itemized as above will not be paid until corrected Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 16 of 54
  17. 17. Unless otherwise specified, invoices shall be sent to the address set forth herein below. Central Contra Costa Sanitary District Attention: Accounts Payable 5019 Imhoff Place Martinez, CA 94553-4392 Payment terms will be Net Thirty (30) Days unless the Contractor proposes a discount for prompt payment. Payment will be made within thirty (30) days of acceptance of the services or after the receipt of a correct invoice, whichever event occurs later. In connection with any cash discount offered, time will be computed from the date of complete delivery of the services as specified, or from the date correct invoices are received if that date is later than the date of delivery. For the purposes of earning the discount, payment is deemed to be made on the date of the mailing of the District check. Discounts for payment in less than twenty (20) days may not be considered. 1.31 RECORDS AND AUDIT Contractor shall maintain complete and accurate records with respect, and in any way connected, to the services rendered and the costs incurred under this contract. Upon the Ds i’ rq e t C nrc rs a ma e s c rc rsa aa l t te Ds i’ a d o a d ir t e u s o t t h l k u h e od v ib o h ir t u i r n tcs , ao l l e tcs t his/her agents and representative, for the purpose of auditing and/or copying such records, for a period of five (5) years from the date of termination or completion of the agreement. 1.32 COMPLIANCE WITH LAWS Contractor shall, in the performance of work under this contract, fully comply with all applicable federal, state or local health and safety laws, rules regulations, codes or ordinances, including but not limited to those promulgated by CAL-OSHA and FED-OSHA. Contractor shall keep itself fully informed of, and shall observe and comply with, all laws, ordinances and regulations which in any manner affect those engaged or employed on any work, or the materials and equipment used in any work, or in any way affect the performance of any work, and of all orders and decrees of agencies having any jurisdiction or authority over work performed under the contract. If any discrepancy or inconsistency should be discovered between the contract and any such law, ordinance, regulation, order or decree, Contractor shall immediately notify the District in writing. Contractor shall be responsible for the compliance by its employees, with these provisions. Contractor shall hold the District harmless from any liability resulting from failure of such compliance. In case of conflict between federal, state and local laws, rules, regulations, codes and ordinances, the most stringent shall apply. Failure to comply with the requirements of this section and related sections may result in suspension of work. 1.33 ETHICS IN PUBLIC CONTRACTING Each Offeror, by submitting a proposal, covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Offeror further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Offeror certifies that to the best of his/her knowledge, no one who has or will have any financial interest under this contract is an officer or employee of the District. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 17 of 54
  18. 18. Offeror certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements and that it has not conferred on any public employee, public member, or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. Offeror further certifies that no relationship exists between itself and the District or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the District. 1.34 EQUAL EMPLOYMENT OPPORTUNITY Attention of the Offeror is particularly called to the requirement for ensuring that employees, and applicants for employment, are not discriminated against because of their ancestry, race, religion, color, gender, age, disability, political affiliation, national origin or ancestry, except when such a condition is a bona fide occupational qualification reasonably necessary for the normal operations of Offeror. It is understood and agreed that Offeror shall comply with all requirements, when applicable, of the California Fair Employment Practices Commission and provisions, when applicable, of all Federal, State of California, County of Contra Costa and the Ds i’ l s a d od a c s i p r r n e o fllg ti a re n. T e aoe a ir t a tcs w n ri n e , n ef ma c f u in h ge me t h frs i n o fi l s d provisions shall include, but not be limited to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Offeror agrees to post in conspicuous places, visible to the employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Offeror, in all solicitations or advertisements for employees, placed by, or on behalf of Offeror, shall state that Offeror is an Equal Opportunity Employer. 1.35 AMERICANS WITH DISABILITIES ACT Offeror assures the District that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services and telecommunications. 1.36 IMMIGRATION REFORM AND CONTROL ACT OF 1986 Offeror certifies that it does not and will not during the performance of the contract employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986 (IRCA) and shall comply with existing Labor Codes regarding employ of aliens except under extraordinary emergencies (Section 1851.5, 1850 to 1854). Further, Offeror shall indemnify, hold harmless and defend the District against any and all actions, proceedings, penalties or claims arising out of teO frr fir t c mp s ilwt teIC . h f o’ aue o o l tcy i h R A e s l y rt h 1.37 LOBBYING EFFORTS Any lobbying efforts by Offerors as a result of this Request for Proposal, or its award, are prohibited. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 18 of 54
  19. 19. 1.38 NON-ENDORSEMENT As a result of the selection of an Offeror, the District is neither endorsing nor suggesting that O frr po u tste b s o o l s l i . O frra re t ma e n rfrn e t te f o’ rd c i h e t r n o t n e s y uo f o ge s o k o eee c o h e District, this Request for Proposal or to the project in any news releases, literature, advertisements, promotional material, brochures, sales presentations, or the like without the express written consent of the District and only in coordination with the District. 1.39 CONTRACT DOCUMENTS REPRESENT ENTIRE AGREEMENT The contract documents represent the entire understanding of the District and Offeror as to those matters contained therein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered by the contract documents. The complete contract shall include the entire contents of the Request for Proposal and all pages that make u teR Ps li t n a a d n a a o O frr s b t l a s p l na a re ns a p h F ocai , l d e d , l f f o’ u mi s l u p me tl ge me t l it o l l e s t ,l a e ,l change orders, all bond(s), and any and all written agreements which alter, amend or extend the c nrc Wh r te O frr po o a o s b t l c nltwt te Ds i’ tr a d ot ta. ee h f o’ rp s l r u mi s o f e s ta i i h ir t ems n c h tcs conditions, the District terms and conditions shall preside. 1.40 RIGHT TO REQUIRE PERFORMANCE The failure of the District at any time to require performance by Contractor of any provisions hereof shall in no way affect the right of the District thereafter to enforce the same. Nor shall waiver by the District of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself. 1.41 SEVERABILITY If any provisions of this Contract shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 1.42 SURVIVAL N ti s n i teDs i’a c pa c o tew r a dp y n teeoe C nrc r h l owt t d g h ir t ce tn e fh ok n a me th rfr, o t t s a ha n tcs ao l remain obligated under all clauses of this Contract, which expressly or by their nature extend beyond and survive such acceptance and payment or termination. 1.43 VENUE Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested in Contra Costa County, California. 1.44 INCURRING COSTS The District is not liable for any cost incurred by Offerors in responding to this Request for Proposal, including preparation, submittal, presentation or evaluation. Such expenses shall be borne exclusively by the Offeror. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 19 of 54
  20. 20. 1.45 CANCELLATION AND MODIFICATION OF PROPOSAL SOLICITATION The District reserves the right to modify the conditions and requirements of this Request for Proposal at any time. The District may cancel this solicitation of Proposal at any time. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 20 of 54
  21. 21. SECTION TWO PROJECT CRITICAL PATH TIMELINE RFP NO. 07-08-18 Janitorial Services EVENT COMPLETED BY Release Final RFP March 17, 2008 Pre-Proposal Conference 10:00 a.m., May 20, 2008 Final Questions Due 3:00 p.m., May 23, 2008 Letter of Intent to Propose Due (Fax Acceptable) 3:00 p.m., May 28, 2008 RFP Responses Due (Fax Not Acceptable) 3:00 p.m., May 30, 2008 RFP Evaluations (including reference checking and site visits) May 30 –June12, 2008 Position Paper Due June 12, 2008 Board of Directors Approval June 19, 2008 Sign Contract Week of June 23, 2008 Post-Award Meeting (to be scheduled by Contractor at District site) Week of June 23, 2008 Provide Required Insurance and Bond Week of June 23, 2008 District Safety Orientation Week of June 23, 2008 Contract Begins June 30, 2008 *** Contract may be extended for two (2) additional two-y a p r d a teDs i’o t n e r ei s th ir t pi o tcs o T i ci a p t t lerpe e t teDs i’ b st estimate of the schedule that will be followed. If a h ri l ah i i e rs ns h ir t e s t c men tcs component of this schedule, such as RFP response due date, is delayed, the remainder of the schedule will be adjusted by an equal number of calendar days. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 21 of 54
  22. 22. SECTION THREE SCOPE OF WORK RFP NO. 07-08-18 3.1 BACKGROUND AND GENERAL PROVISIONS The Central Contra Costa Sanitary District is requesting Proposals from qualified, experienced and reputable contractors for providing an Annual Contract for Janitorial Services for District- owned facilities. Contractor shall furnish and use, at his/her own expense, all materials, labor, tools, equipment, chemicals, supplies and transportation to provide the services required under the contract. All work shall be performed in accordance with the best practices of the profession and shall be in keeping with the high aesthetic level and importance to the public of the facilities being maintained. IiteDs i’ie toc nrc t e sr acni i a drlb s uc o Jnoi S ri s t h irt n n t o t to nue o tu g n ea l o re f a ir l ev e. s t s t c a nn i e ta c The needs herein stated are those that may be termed immediate, usual, common and of a casual quantity. Estimated work is given as a basis for comparison of proposals only and is not to be construed as a guarantee of the quantities of service to be purchased. The District reserves the right to increase or decrease quantities listed to meet the needs of the District during the period(s) of the contract. T e r h i rs re b te P rh s g Ma a e t e a ae a ofrr p tni a iyt h i ts e ev d y h uc a i g n n g r o vl t u f o’ oe t l bi o e s a lt satisfy the requirements of the contract by any meaningful analysis procedure deemed important by the Purchasing Manager. The Purchasing Manager shall, in all instances, be the final judge in determining whether a Contractor is qualified and eligible for award of contract. The contract is expected to begin on or before June 30, 2008. The term of the contract shall be twelve (12) months. Contract may be renewed annually thereafter for four (4) consecutive one- ya p r d,a te Ds i’ o tn a d u o muu l a re b terms. Payment and e r ei s t h irt pi o t s c o n pn tay ge a l l e performance obligations for succeeding fiscal periods shall be subject to appropriation of funds teeoeb teDs i’ B ado Drc r. h rfr y h irt o r f i t s More information can be found on our website: t s c eo www.centralsan.org 3.1.1 Contractor Staff Selection. T e Ds i rs re te r h t i ev w C nrc r h ir t e ev s h i t o n ri tc g t e ot t ’ a os recommended staff assigned to the account. 3.2 CONTRACTOR QUALIFICATIONS Contractor shall meet the following minimum requirements: 1. The objective of this contract is to provide for full service maintenance of the District’ s facilities. The successful contractor shall provide all labor, consumable materials, supervision, tools, equipment, transportation and all effort necessary to perform said services. 2. Contractor shall have no less than five (5) years of experience in the business of providing Janitorial services in the State of California. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 22 of 54
  23. 23. 3.3 CONTRACTOR PERSONNEL C nrc r p ro n l si e t te Ds i s a b a c u tb t te Ds i’ Po c o t t ’ es n e a s n d o h ir t h l e co na l o h ir t rj t a os g tc l e tcs e Ma a esa d s a c mp wt w i n a d v ra i t co src i d f m te Ds i’ n g r n h l o l i rt n eb ln r t n e e e r l y h t e su i v o h ir t tcs Project Managers or their designee. However, all persons performing work under the contract shall at all times b rc g i d a te C nrc r e l e sa d u d rte C nrc r e e o n e s h o t t ’ mp y e n n e h o t t ’ z a os o a os control and supervision. 3.3.1 Contract Management And Janitorial Staff Supervision. Contractor shall provide a contract manager and a Janitorial supervisor who shall be responsible for coordinating District directives, providing direct supervision and training of the Janitorial staff and resolving personnel issues. The contract manager and Janitorial supervisor shall be knowledgeable about all aspects of the contract and shall insure that strict compliance with contract requirements is continually maintained. The contract manager shall have a minimum of two (2) years experience in the management of contracts. The Janitorial supervisor shall have a minimum of two (2) years experience in managing Janitorial personnel and shall be knowledgeable in all aspects of Janitorial procedures. The Janitorial supervisor shall also have a minimum of one (1) year experience as a Janitorial staff member. The Janitorial supervisor shall have been employed by the Contractor fr mimu o s () nh pi t b i a s n dt teDs i’ c nrc u l sga td o a n m f i 6 mo ts r ro e g si e o h ir t o t t n s rne i x o n g tcs a e a e c pi i w i gb teDs i’ Po c Ma a e. T eC nrc r contract manager n xe t n n ri y h ir t rj t n g r h o t t ’ o tn tcs e a os and janitorial supervisor shall: 1. Perform all personnel management functions such as the hiring and discharging of Janitorial staff. 2. Ensure that Janitorial personnel are performing their duties in accordance with the work specified herein. 3. Maintain continuous awareness of the quality and completeness of the work performed by Janitorial personnel. 4. Conduct training of Janitorial staff, including the review of District directives and required procedures. 5. E a ae p r r n e o J n oi s f s e i i u f m te Ds i’ Po c v l t ef ma c f a i r l t f e k g n t r u o t a a, n p o h ir t rj t tcs e Manager. 6. Make site inspections on a regular basis. 7. Me t e u r a d a n e e wt Ds i’ Po c Ma a e o h /e d s n et e rg l l n s e d d i ir t rj t n g r r ih r e i e o ay h tcs e s g review Contractor performance. These meetings shall be at no additional cost to the District. 8. Ensure adequate coverage on a day-to-day basis as well for times of illness, vacation, strike, etc. and ensure that Janitorial staff are on time and at their duty location as scheduled. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 23 of 54
  24. 24. 9. Ifr teDs i’rpe e tteo a y h n e i C nrc r tf g nom h ir t e rs nai f n c a g sn o t t s f . tcs v a o ai n 3.3.2 Janitorial Staff Qualifications. Janitorial staff utilized in the performance of work specified herein shall meet the following requirements: 1. Be a United States citizen or alien properly registered with the United States Immigration and Naturalization Service. 2. Be at least eighteen (18) years of age. 3. Possess a high school diploma or GED. 4. Be properly licensed in accordance with the State of California Business and Professions Code. 5. Shall not have been convicted of a felony or other criminal offense, which, in the Ds i’ s l d tr n t nw u i ith i id asa iyt p r r h /e d t s ir t o eemi i o l n b te n v u l bi o ef m ih r ui tcs e ao d hi di ’ l t o s e in a reliable, competent and trustworthy manner. 6. Be physically and mentally qualified to perform their assigned duties in a safe manner. 7. Have a minimum of one (1) year of actual in-field experience as a Janitorial staff member, excluding training. 8. Perform duties in a courteous and respectful manner, refraining from using profane or vulgar language in a public area while performing work specified herein. 9. Be minimally proficient in English with the ability to receive, give and understand written and verbal instructions. 10. Be able to follow written procedures. 11. Have good customer service skills. 12. Maintain a neat, orderly and well-groomed appearance. 3.3.3 Janitorial Employment Application And Selection Procedures. Contractor shall ensure that all individuals employed by Contractor at District facilities have been thoroughly interviewed and investigated. Contractor shall perform a complete background check on all persons hired to perform work under the contract, including, but not limited to the contract manager, Janitorial supervisor and Janitorial staff members. The background check and application for employment must comply with Equal Employment Opportunity Commission (EEOC) requirements and include the following aspects/information: 1. Copies of birth certificate, social security card, alien registration (green card) and military record. 2. Confidential lifetime medical history questionnaire. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 24 of 54
  25. 25. 3. Education history from elementary school to latest educational experience, including copies of high school diploma or GED and college transcripts and/or diploma. 4. Verification of licenses and certifications. 5. Employment history from age eighteen (18), including a notarized statement for any employment gaps of one (1) month or more. Employment history shall be investigated and verified by Contractor. 6. Moo v h l rp rs ac fr ls tsi w i a pc n rs e a dh l adi r tr e ie e ot e rh o a t e n h h p la te i d n e c la c i d d r e’ v s license. 7. Drug and alcohol testing for all applicants; ten-panel preferred. Contractor shall maintain a personnel file for each employee. The file shall contain the above information in addition to copies of all licenses and certifications. The personnel file shall be made accessible and delee t teDs i’ Po c Ma a eswti te t i rd o h ir t rj t n g r i n w ny v tcs e h -four (24) hours of his/her request. In addition, prior to the assignment of a staff member, the Contractor shall s b tt te Ds i’ Po c Ma a es a c rfai atsn t te fll nt of all u mi o h ir t rj t n g r, tcs e etc t n t t g o h u i i o i ei fme l requirements noted above. 3.4 DESCRIPTION OF SERVICES T eo j teo ti c nrc i t po i fru s ri ma tn n eo teDs i’ fci s h b cv fh o t ts o rv e o fl ev e i e a c fh ir t a ii . ei s a d l c n tcs le t The successful contractor shall provide all labor, some consumable materials, supervision, tools, equipment, transportation and all effort necessary to perform said services. Contract is expected to begin on or about June 30, 2008. Facilities to be maintained include the following. The District reserves the right to add or delete locations as necessary: 1. Headquarters Office Building - Martinez 2. Plant Operations Building –Martinez 3. Laboratory - Martinez 4. Household Hazardous Waste Facility - Martinez 5. Collection Systems Operations Headquarters –Walnut Creek Building/site plan documents, detailed scope of work and hours of operations are included as Attachments to the RFP. 3.5 CONTRACTOR REQUIREMENTS In the performance of the contract, Contractor shall: 1. Provide the names of all Janitorial staff members assigned under the contract and the names of any replacements as soon as changes occur. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 25 of 54
  26. 26. 2. Provide the results of any background checks for Janitorial staff members when rq e tdt d s b teDs i’Po c Ma a e. e u s o o o y h ir t rj t n g r e tcs e 3. Be responsible to ensure that Janitorial staff members are on time and performing their duties as scheduled. 4. Ensure that each new Janitorial staff member assigned under the contract receives the Ds i’s ft oi tt na dh s h ip oo ir t aey r nai n a te h t-identification prepared. tcs e o r 5. Keep itself fully informed of, and shall observe and comply with, all laws, ordinances and regulations which in any manner affect those engaged or employed on any work, or in any way affect the performance of any work, and of all orders and decrees of agencies having any jurisdiction or authority over work performed under the contract. 3.5.1 Standards Of Work. Contractor shall perform services in a manner commensurate with the highest professional standards and best industry practices, using qualified and experienced personnel. Contractor shall give his personal attention to the fulfillment of the contract and keep work under his control. Subcontractors will not be allowed. Contractor shall ensure that all employees wear photo-identification badges, to make clear to all observers that they are employed by the Contractor. Only those thoroughly familiar with the requirements of the contract will be employed on the Ds i’se . n Janitorial staff member or Janitorial supervisor employed on the work by the ir t i s A y tcs t contractor, who shall perform his work in a manner contrary to the requirements or safety directives contained herein, shall be discharged immediately, and such persons shall not again be employed on the work. 3.5.2 Start-Up. Contractor shall deploy all Janitorial staff to the District no later than the date a re u o b C nrc r n teDs i’Po c Ma a e i tep s ge d p n y o t t a d h ir t rj t n g rn h o t ao tcs e -award meeting. 3.5.3 Photo-Identification. Contractor shall issue photo identification cards to all Janitorial staff members and ensure that each individual carries it when on duty. Each card shall contain () p ooi et fh i id a ()n id asfl a ()d nii n mb r u ha s c l 1 a h t n ro te n v u l2 i v u l u n me 3 i t n u e s c s o i s di di ’ l e f g y a s c ry r mp y en mb r4 i id as i aue e ui o e l e u e ()n v u l s n tr. t o di ’ g 3.5.4 Replacement Of Individuals. T eDs i’ Po ct Managers will have final approval h ir t rj tcs e as to which janitorial personnel may be assigned under the contract. The District reserves the right to request the replacement of any Janitorial staff member or Janitorial supervisor within one (1) day. 3.5.5 Contract Non-Compliance. The District will not tolerate repetitive violations and non- c mpa c wt tes e i ai s tr a dc n i n o tec nrc T eDs i’ Po c o ln e i h p ci t n ,ems n o d i s fh o t t h ir t rj t i h f o c to a. tcs e Manager will identify any violation, infraction or omission of the requirements of the contract. T eDs i’ Po c Ma a eswl oi teC nrc rnw i go a yv l i s i rco s h ir t rj t n g r in t h o t t i ri f n ia o ,n a t n , tcs e l f y ao t n o tn f i a t o o si s T eC nrc r h lpe aeaw i nrs o s t teDs i’ Po c c r mi o . h o t t s a rp r s sn ao l rt e p n e o h ir t rj t te tcs e Manager within two (2) days of receipt of the letter as to the action taken to prevent the violation or discrepancy from reoccurring. Central Contra Costa Sanitary District Janitorial Services RFP NO. 07-08-18 Page 26 of 54

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