'Ihe <Rj tz Companies
ACHIEVEMENTS
Working with many established building owners and Property Management Companies we have been a determining factor for them in achieving many awards in the industry. With our dedication and committed work through the years we helped our clients earn several LEED Gold certifications (properties: 1 & 2 MacArthur Place, Santa Ana, and 1900 Main, Irvine) where our service scored the highest points in the program each time and we have been awarded various "Best Vendor of the Year" from clients (Great Far East, Olen Properties, Leed Properties, etc .. ). 6IPage
8905 Research Dr- Irvine, CA 92618
949-753-1919 (ph)-949-753-1955 (fax)
<Tfz e <Rj tz Companies
QUALIFICATION OF MANAGEMENT STAFF/ BIOGRAPHIES
Maria Angela Bonk Director
EXPERIENCE:
November 1, 2000 to
Current: Director: Is responsible for quoting maintenance proposals for properties 100,000 sq. ft. and over.
Conducts periodic inspections of whole portfolio (2,500,000 sq. ft. of office buildings and all shopping centers). Reports to customers any unusual situation occurred during the nightly cleaning. Provides customers with schedules of specific monthly cleaning services and operating reports. Meets on a regular basis with the General Managers to evaluate the quality of services and implement, if needed, any new technique for proper and better performance. Reports any maintenance work needed to the buildings.
Josefina Gamboa General Manager
EXPERIENCE:
June 13, 2005 to
Current: General Manager: Manages approx. 130 employees' administratively as well as operationally, (payroll, workers' comp., scheduling of any floor and/or building maintenance work, and more).
Schedules meetings with employees and supervisors on a regular monthly basis. Implements up to date training and quality control programs and ensures that all employees conform to all Federal, State Municipal Safety and Health Regulations. Schedules regular safety meetings with all employees as per any federal and or local regulations. Is responsible for interviewing candidates, hiring, collecting background checks, training, keeping accurate inventory of supplies and re-ordering. Ensures proper back up staffing. Supervises directly all day porters, who work not only in office buildings, but also shopping centers, public transportation stations and more.
Personally interacts with the employees to motivate and inspire them to perform at their best and meet our company's high standards and conducts annual job performance evaluations for each employee.
71Page
8905 Research Dr - Irvine, CA 92618
949-753-1919 (ph) - 949-753-1955 (fax)
%e <Rjtz Companies
Emmanuel Sosa Evening Supervisor
EXPERIENCE:
January 1, 2024 to
Current: Evening Supervisor: Supervises approx. 40 employees assigned to our office buildings on a daily basis. Ensures that all cleaning equipment and supplies are available to our crews at all times and in good working conditions.
Conducts periodic (weekly) inspections of equipment and properties with the lead janitors of each group of cleaners. Places log books in all buildings and is responsible for making sure the book is observed on a daily basis. Ensures that all supply inventory sheets are properly maintained. Meets monthly with all lead cleaners to evaluate the quality of service and implement any changes needed to improve and/or make more efficient our performance plans.
Deborah Vidaca Director Assistant
EXPERIENCE:
March 1, 2023 to
Current: Director Assistant: Major asset to the Director who tackles all of the administrative side of the job, keeps supply inventory updated and places orders for our properties and our warehouse.
Solid help in assisting our payroll division with ensuring employees documentations are up to date and employment contracts maintained current as well. Implements the latest trainings required by the State of California, Labor Commissioner, etc. She visits properties occasionally to inspect them and interacts with our clients to ensure our services are being met and that our clients are satisfied with The Ritz Companies.
Bl Page
8905 Research Dr - Irvine, CA 92618
949-753-1919 (ph)-949-753-1955 (fax)
%e <]?Jtz Companies
LH Community Center -Janitorial and Day Porter Service
References:
1. Child Support Services
Janitorial Services nightly- Monday through Friday
Day Porter Service (3 DP - FULL TIME) - Monday through Friday • Since 2009
• Contact: Eric Quinones - 714-347-8999 - [email protected]
2. Social Service Agency
Janitorial Services nightly- Monday through Friday
Day Porter Service (FULL TIME)- Monday through Friday
• Since 2002
• Contact: Rodney Waters - 714-541-7474 - [email protected]
3. Elizabeth Waybill - L2 Development - Governmental Facilities Janitorial Services nightly- Monday through Friday
Day Porter Service (FULL TIME)- Monday through Friday
• Since 1998
• Contact: Elizabeth Waybill - 310-428-2852 - [email protected]
4. Asian Community Center
Janitorial Services nightly- Monday through Friday
• Since 1997
• Contact Helen Chang, LCSW - 310-217-7312 - [email protected]__,_gov Two Letters of recommendations follows.
9IPage
8905 Research Dr - Irvine, CA 92618
949-753-1919 (ph) - 949-753-1955 (fax)
ORANGE COUNTY DEPARTMENT OF
CHILD SUPPORT SERVICES
MARIA ARZOLA, DIRECTOR
May 21, 2024
To whom it may concern,
My name is Eric Quinones, and I am a Staff Specialist with the Facilities Management Unit within Child Support Services. I am glad to write this letter of recommendation for The Ritz Companies and their janitorial services.
As an employee staffed with the County of Orange, Child Support Services, Facilities Management department, I have worked with Ritz for more than 20 years. The Ritz Companies and their staff have always provided our agency with quick, courteous, and professional services. Whether it be their normal day to day services, or their response to emergency issues, their response times are always quick and thoroughly prepared. During COVID, they were asked to provide additional services to allow the agency to continue to do business as well as maintain safety for staff and the customers we provide services to.
It continues to be a pleasure to work with The Ritz Companies, and I stand by this letter in recommending their services to other prospective clients.
Please feel free to contact me with any questions via email at [email protected] Sincerely,
Eric Quinones
Staff Specialist - Facilities Management
County of Orange, Child Support Services
1055 N. MAIN STREET, SANTA ANA. CA 92701 • FOR LOCAL CALLS (866) 901-3212 • FOR TDD CALLS (866) 399-4096 CORRESPONDENCE: P.O. BOX 22099, SANTA ANA, CA 92702-2099 • FAX (714) 347-4811 PAYMENTS: STATE DISBURSEMENT UNIT, P.O. BOX 989067, WEST SACRAMENTO, CA 95798-9067
L2 Development Corporation
9663 Santa Monica Blvd., #1266
BH, CA 90210
T. 310-428-2852
May 21, 2024
Mr. Robert Sadeghi
The Ritz Companies
8905 Research Drive
Irvine, CA 92618
Dear Bob,
As you know, our business, for over twenty years, is owning and managing properties on behalf of government agencies. Your company has made our job much easier for that entire time.
Thanks to you, Mariangela Bonk, and your staff, I know that the janitorial component of our business will be handled professionally, promptly, and properly the first time.
Specifically, Mariangela Bonk, is responsive, intuitive, and a consummate problem solver.
It is my pleasure to recommend your company.
Elizabeth leanse
President
L2 Development Corporation
BIDDER'S NAME: \t\E SJ1V0'1 'R \12- ~~ OIJP, / I\J c..- f\b 0,, 7'\IG: t< \ ,Z- (DH PA/\JI ~.5
CITY OF LAGUNA HILLS
BID PROPOSAL FOR
. JANITORIAL MAINTENANCE SERVICES FOR THE
LAGUNA HILLS COMMUNITY CENTER
TO CITY OF LAGUNA HILLS:
The undersigned CONTRACTOR hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated Project as set forth in the Notice Inviting Bids, Specifications, and Sample Draft Janitorial Maintenance Services Agreement therefore, and to perform all work in the manner and time prescribed therein.
CONTRACTOR declares that this Bid Proposal is based upon careful examination of the work site, Notice Inviting Bids, Specifications, and Sample Draft Janitorial Maintenance Services Agreement. If this Bid Proposal is accepted for award, CONTRACTOR agrees to enter into the attached Draft Janitorial Maintenance Services Agreement with City at the unit and/or lump sum prices set forth in the following Proposal Bid Sheets.
CONTRACTOR understands that a bid is required for the entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing proposal(s), and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.
CONTRACTOR agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workman's compensation or to undertake self-insurance in accordance with the provisions of that code, and that the CONTRACTOR will comply with such provisions of that code before commencing the performance of this Contract if awarded to it.
CONTRACTOR certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
CONTRACTOR declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.
CONTRACTOR acknowledges that it is the City's intention to award a Janitorial Maintenance Services Agreement for a period commencing on July 1, 2024.
P-2
BIDDER'S NAME: Savoy Ritz Group d/b The Ritz Companies. Inc CONTRACTOR acknowledges that the scope and units of work on the Proposal Bid Sheets are approximate descriptions and estimates of work to be performed on an annual basis during the term of this Project, that the work shall only be performed on an asneeded, on-call individual Task Order basis only and no quantity of work or payment to Contractor is guaranteed to be authorized or granted by the City.
CONTRACTOR'S NAME: Savoy Ritz Group d/b The Ritz Companies, Inc DATE: May 23,2024
CONTRACTOR'S ADDRESS: 8905 Research Dr, Irvine CA 92618 BY: Robert R. Sadeghi
TITL~
~c----=--
;,- (Signature)
PHONE: (949) 753-1919 ext 5401
BY:
TITLE:
(Signature)
Signatures to be Notarized,
Attach ACKNOWLEDGMENT
I SE£ A TT llCHEO
NOTARIAL CERTIFICATE
/ Continued next page
P-3
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On 05/23/2024 before me, Sarah Maver I Notary Public
(insert name and title of the officer)
personally appeared Robert R. Sadeghi
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature S [AM};, 1/vz0/Vl1 ~
SARAH MAVER
COMM. #2387653 z
Notary Public • California ~
Orange County ...
M Comm. Expires Dec. 20, 2025
(Seal)
CONTRACTOR'S INFORMATION
CONTRACTOR certifies that the following information is true and correct:
Contractor Name: The Savoy Ritz Group, Inc. dba The Ritz Companies Business Address8905 Research Dr Irvine CA 92618
FAX No. (949 )753-1955 Telephone (949) 753-1919) _
E-Mail address: [email protected]
State Contractor's License No. and Class 1001381 -'---'-~~------------- Original Date lssued02/19/2015 Expiration Date --'- 02_/_2--'- 8/_2_0_2--'- 5 _ Years this Company has been in the Maintenance Business: _3_8_y,_e_a_rs _ The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal: Robert R. Sadeghi - President/CEO/Principal 1515 Serenade Terrace
Corona del Mar, CA 92625
The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:
NONE
All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
The Savoy Contractors' Group, Inc dba The Ritz Companies and Ritz Construction BY 'Korb~~ r ~- sA u£"(iH t
(Print Na ·
TITLE (e,,& ---'---------
DATE_-=-~~1/~--~+-/2~i----
Continued next page
P-4
BIDDER'S NAME: Savoy Ritz Group, Inc dba The Ritz Companies REFERENCES: REFER TO PAGE 9
The following are the names, addresses, and phone numbers for three public agencies for which CONTRACTOR has current contracts for maintenance services:
A. Agency: _
Address: ----------------------------
Telephone: _
Primary Contact Person/Title: _
Years of Service with this Agency: Type of Work: _
Term of Agreement: Expiration Date: _
B. Agency: _
Address: ----------------------------
Telephone: _
Primary Contact Person/Title: _
Years of Service with this Agency: Type of Work: _
Term of Agreement: Expiration Date: _
C. Agency: _
Address: ----------------------------
Telephone: _
Primary Contact Person/Title: _
Years of Service with this Agency: Type of Work: _
Term of Agreement: Expiration Date: _
Continued next page
P-5
BIDDER'S NAME: Savoy Ritz Group d/b The Ritz Companies. Inc
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY CONTRACTOR AND
SUBMITTED WITH BID
STATE OF CALIFORNIA )
) ss
COUNTY OF )
Robert R. Sadeghi , being first duly sworn,
deposes and says that he or she is P re s i d e n t of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, Contractor association, organization, or corporation; that such bid is genuine and not collusive or sham; that the Contractor has not directly or indirectly induced or solicited any other Contractor to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Contractor or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Contractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Contractor or any other Contractor, or to fix any overhead, profit, or cost element of the bid price, or of that of any other, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the Contractor has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agency thereof to effectuate a collusive or sham bid.
Signed:
Robert R. Sadeghi
Name (print)
President
Title
Date
Signatures to be Notarized,
Attach ACKNOWLEDGMENT SEE ATTACHED
/ NOTARIAL CERTIFICATE
/ Continued next page
P-6
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On 05/23/2024 before me, Sarah Maver I Notary Public
(insert name and title of the officer)
personally appeared Robert R. Sadeghi
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ..5..Cllllo.h
0 0 0 SAR
0 AH
0 MAVER O O ~
COMM. #2387653 z
Notary Public • California 25
Orange County ""'
M Comm. Expires Dec. 20, 2025
{Seal)
BIDDER'S NAME: The Savoy Ritz Group, Inc d/b The Ritz CompJies
CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS FOR
JANITORIAL MAINTENANCE SERVICES FOR THE LAGUNA HILLS COMMUNITY
CENTER CONTINUED
BASE BID: LAGUNA HILLS COMMUNITY CENTER
Six (6) days per week, Monday - Saturday, including all Holidays specified within the Special Provisions, and all "City Special Events" as specified within the Special Provisions regardless of the day of the week or Holiday the City Special Event occurs.
Day Shift: 8:00 a.m. to 5:00 p.m.
Night Shift: 12:00 a.m. to 5:00 a.m.
Base Bid Janitorial Maintenance Services Monthly Cost $11 249.16 /month X 12 months
= Annual Cost Base Bid$ 134,989.92
Total Annual Cost Bid in Words:
One hundred thirty four thousand, nine hundred eighty ninety DOLLARS and ninety two CENTS ADDITIVE BID: LAGUNA HILLS COMMUNITY CENTER
Sundays, including all Holidays specified within the Special Provisions. Day Shift: 8:00 a.m. to 5:00 p.m.
NO Night Shift
Additive Bid Janitorial Maintenance Services Monthly Cost$ 3,872.31 X 12 months
/month
= Annual Cost Base Bid$ 46,467.72
Total Annual Cost Bid in Words:
Forty six thousand four hundred sixty seven DOLLARS and seventy two CENTS ************************************************************************************************* ***
/ Continued next page
P-7
BIDDER'S NAME: The Savoy Ritz Group, Inc .. dba The Ritz Companies
CITY OF LAGUNA HILLS PROPOSAL
BID SHEETS FOR
JANITORIAL MAINTENANCE SERVICES FOR THE LAGUNA HILLS COMMUNITY CENTER
CONTINUED
UNIT PRICES BID
a) Multifold Hand Paper (1 ply) $56.95 /4,000 towels
b) Toilet Paper (2 ply) $ 65.97 /96 rolls
c) Seat Cover (half-fold) $ 54.75 /250 covers
d) Hand Soap $ 24.89 /gallon
e) Large Trash Can Liners (40" x 48") $ 37.95 /250 case f) Medium Trash Can Liners (30" x 37") $ 25.40 /500 case g) Small Trash Can Liners (24" x 24") $ 22.45 /1,000 case h) Soil Extractor (32 oz) $ 21.75 /each
i) Gum Remover (6.5 oz can) $ 9.95 /each
j) Graffiti Remover (24 oz bottle) $ 23.95 /each
k) Urinal Screens case $ 39.95 /12 case
I) Sanitary Napkins case $ 48.95 /250 case
m) Tampons case $ 118.20 /500 case
n) Super Stripper (1 gallon) $12.95 /each
o) Sealer and Wax (1 gallon) $ 39.95 /each
All other items not listed above shall be cost + 15% markup.
Paper products supplied by Contractor shall conform to the "Paper Products" requirements under the City's Organic Waste Procurement Policy (see Appendix V).
/Continued next page
P-8
BIDDER'S NAME: The Savoy Ritz Group, Inc dba The Ritz Companies
CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS FOR
JANITORIAL MAINTENANCE SERVICES FOR THE LAGUNA HILLS COMMUNITY
CENTER CONTINUED
EXTRA WORK BID
a)
b)
c)
d)
e)
Window cleaning (each pane) - inside and out
Wall washing
Steam clean carpeting
Shampooing 'carpeting
$ 5.00
$...c.... O .'-'-- 1--'- 5 __ /sq. ft.
$_0 ._1 _9 __ /sq. ft.
$.0.19
/each
/sq. ft.
f)
Stripping, waxing, and spot cleaning of wood floors
$=29.c....c·..c.... 50c.__ /per man-hour
Stripping, waxing, and spot cleaning of tile floors
$=29.c....c·.cc.... 50c.__ /per man-hour
g) Extra custodian $_25_._95 /per man-hour
h) Clean out decorative light fixtures in Main Lobby Area and Heritage Room (City can provide personnel lift) $29.50 /per man-hour
PERSONNEL
Bidder shall provide the following minimum daily personnel count for this Project and state the number of personnel committed to this Project:
Staff
Day Porter
Night Porter
Minimum Required Staff
Total Bidder's Staff
Minimum Requirement
1 2
3 Bidder's Proposal
1 2
3 For the Base Bid fee, Bidder shall provide Personnel counts listed above to provide service Monday - Saturday at the Center, including on all Holidays (as described in section "Scheduling of Operations/Holidays" on page SP-10), and all "City Special Events" as specified within the Special Provisions regardless of the day of the week or Holiday the City Special Event occurs (reference page SP-11).
P-9
For the Additive Bid fee, Bidder shall provide a Day Porter to provide service on Sundays at the Center, including on all Holidays (as described in section "Scheduling of Operations/Holidays on page SP-10).
To ensure the Contractor provides a satisfactory level of performance, the City may require more manpower to be provided at any time, depending on the Contractor's ability to perform all work efficiently, to satisfy the requirements of the specifications. Any adjustments to manpower to satisfy the requirements of the specifications must occur immediately when requested by the City Liaison at no additional cost.
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P-10
BIDDER'S NAME: Savoy Ritz Group d/b The Ritz Companies. Inc
CITY OF LAGUINA HILLS
PROPOSAL BID SHEETS FOR
JANITORIAL MAINTENANCE SERVICES FOR THE
LAGUNA HILLS COMMUNITY CENTER
CONTINUED
BID PROPOSAL
IN WITNESS WHEREOF, Contractor executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this 29 day of May , 2024.
NOTE: CONTRACTOR MAY, AT THEIR SOLE DISCRETION, PROVIDE A LISTING
AND DESCRIPTION OF ADDITIONAL SERVICES THEY OFFER, ADDITIONAL
REFERENCES, AND ADDITIONAL COMPANY INFORMATION DESCRIBING THEIR
UNIQUE QUALIFICATIONS TO AID THE CITY IN DETERMING THE BEST QUALIFIED VENDOR BY ATTACHING UP TO 10 ADDITIONAL PAGES TO THIS BID PROPOSAL.
CITY MAY UTILIZE THIS INFORMATION IN ITS EVALUATION OF THE "BEST QUALIFIED VENDOR" IN ACCORDANCE WITH LHMC 3-08.090 and 3-080.100.
CONTRACTOR NAME: Savoy Ritz Group d/b The Ritz Companies, Inc.
President
Title
Signatures to be Notarized,
Attach ACKNOWLEDGMENT SEE ATTACHED
/ NOTARIAL CERTIFICATE
/ Continued next page
P-11
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On 05/23/2024 before me, Sarah Maver I Notary Public
(insert name and title of the officer)
personally appeared Robert R. Sadeghi
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _2 _ _.oi~'.'LYa '"""""kz_,__·l/;tt _....:::J<Cv,..,._l) .... ,d.,,_1/1...,__ _ (Seal)
SARAH MAVER
COMM. #2387653 z
Notary Public - California ~
Orange County ..
M Comm. Ex ires Dec. 20, 2025
CITY OF LAGUNA HILLS
May 23, 2024
SUBJECT: Addendum No. 1 to Notice Inviting Bids and Specifications for Janitorial Maintenance Services for the Laguna Hills Community Center To All Contractors:
This Addendum No. 1 is being issued for the subject bid.
1. The Draft Janitorial Maintenance Services Agreement in Appendix II is replaced with the attached Draft Janitorial Services Agreement.
2. The "Janitorial Maintenance Services Performance Warning/Deficiency Deduction Form" in Appendix Ill is replaced with the attached Form.
3. Bidders are no longer required to submit Letters of Recommendation as part of their proposals. This is currently indicated as a requirement on page P-1, item no. 2.d.
4. Bidders shall sign and include this page in their proposal in order for their bid to be considered responsive.
5. Bidders shall have signed-in and attended the mandatory pre-bid meeting held on May 21, 2024 in order for their bid to be considered responsive.
6. By issuance of this Addendum No. 1, there are no other changes to the bid documents and specifications and no further questions will be answered ahead of the bid opening.
The City has received the following questions regarding this bid.
Questions and Responses:
1. Who is the current contractor?
Response: The Ritz Companies.
2. What is the current monthly charge of the current contractor? Response: $9,550/month + supplies
3. What is the term of the current contract?
Response: As discussed in the pre-bid meeting, the current contract term is from March 1, 2024 through June 30, 2024. Previously, the City of Laguna Hills used a property management company to manage the Community Center. The property management company's contract ended effective March 1, 2024. Therefore, the City entered into a short-term contract with the Ritz Companies to continue service through the end of the City's fiscal year. Now, the City is bidding out janitorial maintenance services.
4. What is the square footage of the surfaces all walls, carpets, wood floors, windows, etc? 24035 El Toro Road •Laguna Hills, California 92653 • (949) 707-2600 • FAX (949) 707-2633 Website: www.lagunahillsCA.gov
May 23, 2024
Addendum No. 1 to Notice Inviting Bids and Specifications for Janitorial Maintenance Services for the Laguna Hills Community Center
Response: The City does not have all of these numbers available. Potential bidders had an opportunity to view and perform a walk-through of the Laguna Hills Community Center during the mandatory pre-bid meeting held on May 21, 2024.
Regarding windows, the bid documents state that spot cleaning of windows is included within a seven-foot (7') reach. Window cleaning per pane is an extra work item.
As a courtesy, the City is providing this summary of indoor areas with wood flooring and carpeting. This summary is not to be construed as all-inclusive: Carpeting can be found in the Heritage Room, Technology Center, first floor hallway next to the Heritage Room, all stairways, second floor hallways, all offices, and the Tower Floor office (third floor). Wood flooring can be found in the Gymnasium, Physical Activities Room, and Heritage Room Stage. Generally, all other areas are tile or linoleum flooring.
5. Are there additional locations or scope of work added from the previous (current) contract? Response: As discussed in the pre-bid meeting, the scope of work differs from the previous contract in significant ways. As a courtesy, the City is providing this summary, and this summary is not to be construed as all-inclusive of changes in the scope of work between the existing contract and the bid documents.
Most significantly, the current contract provides for day porter service Monday - Friday only and night-time janitorial staff Monday-Sunday; whereas, these bid documents require day porter service and night-time janitorial service Monday - Saturday as part of the Base Bid, and Sunday day porter service for the Additive Bid. In addition, the bid documents require the contractor to provide two personnel for City Special Events occurring seven (7) times per year, and require the night-time janitorial staff to set-up rooms for events, as requested by City staff. More details are in the bid documents.
Regarding additional locations, the locations of work are similar to the current contract.
6. Regarding supplies, who is your current supplier, what is the value of the items, what is the term of the contract, who is the manufacturer, etc? Response: Similar to the bid documents, the current contractor provides supplies to the City according to a schedule of fees. We do not believe this information is relevant to the current bid.
7. Is the bidder required to bid on all items?
Response: Yes, otherwise the bid will be deemed non-responsive.
8. Please clarify if any part of this work is subject to the payment of prevailing wages. The bid documents reference prevailing wages.
Response: Currently, City staff understands that the scope of work is NOT subject to prevailing wage laws as the work does not constitute "public works" work or a "public works project" under State law. However, if the contractor inadvertently engages in "public works" work during the course of the contract, the contractor will be responsible for registering with the California Department of Industrial Relations and paying any prevailing wages
May 23, 2024
Addendum No. 1 to Notice Inviting Bids and Specifications for Janitorial Maintenance Services for the Laguna Hills Community Center
due to employees at his/her own expense. The definition of "public works" can be found in Section 1720 of the California Labor Code.
However, City staff recognized that the language in the draft Janitorial Maintenance Services Agreement had problematic language; therefore, the draft Janitorial Services Agreement has been replaced in Appendix II.
9. Is power-washing required on the Patios or in the Courtyard? Response: Power washing is not part of this contract.
10. May bidders propose more people to perform night-time janitorial duties in an effort to reduce the number of hours on-site?
Response: Yes, provided that the work contemplated in the bid documents is accomplished. However, night-time janitorial crews may not start work earlier than 12:00 a.m. (midnight). Bidders can indicate the number of personnel they plan to use to accomplish the night-time janitorial duties on page P-9 of the Proposal.
11. Will the awarded contractor be eligible for CPI increases each year? Response: The bid prices shall remain fixed for the first two years of the contract.
Thereafter, the contractor may submit a request to adjust its fees once per year during the remainder of the term of the contract. Approval of any request to adjust fees shall be made at the sole discretion of the City and is subject to the City's approved budget. In no case may the value of the change exceed the lesser of (a) CPI for the Los Angeles/Orange County area for the preceding one year as published for the month of April of any given year or (b) 5%. This language has been updated in the replaced draft Janitorial Services Agreement in Appendix II.
12. What is the term of the new contract?
Response: Five (5) years plus an optional three (3) year renewal. ed:
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Attachments: (I·
1. Replacement pages for Appendix II: Draft Janitorial Maintenance Services Agreement
2. Replacement page for Append ix 111: Janitorial Maintenance Services Performance Warning/Deficiency Deduction Form
e es, P.E., T.E.
ublic Works Director/City Engineer
22 1829362.1
4892-7949-4601, v. 1
EXHIBIT “B”
CITY OF LAGUNA HILLS
NOTICE INVITING BIDS AND SPECIFICATIONS
FOR
JANITORIAL MAINTENANCE SERVICES FOR THE
LAGUNA HILLS COMMUNITY CENTER
__________________________________________________________________ DATED: APRIL 29, 2024
(As Revised by Addendum No. 1 Dated May 23, 2024)
CITY OF LAGUNA HILLS
CALIFORNIA
NOTICE INVITING BIDS AND SPECIFICATIONS
FOR
JANITORIAL MAINTENANCE SERVICES FOR THE
LAGUNA HILLS COMMUNITY CENTER
Issued: April 29, 2024
Mandatory Pre-Bid Meeting: May 21, 2024 at 2:00 pm
@ Laguna Hills Community Center, 25555 Alicia Parkway,
Laguna Hills, CA 92653
Deadline for Questions: May 22, 2024 at 5:00 pm
Addenda Issued, if any: May 23, 2024
Bid Opening: May 30, 2024 at 10:00 am
@ Laguna Hills Civic Center, 24035 El Toro Road, Laguna Hills, CA 92653
CITY OF LAGUNA HILLS
24035 EL TORO ROAD
LAGUNA HILLS, CA 92653
(949) 707-2651
CITY OF LAGUNA HILLS
CALIFORNIA
NOTICE INVITING BIDS AND SPECIFICATIONS
FOR
JANITORIAL MAINTENANCE SERVICES FOR THE
LAGUNA HILLS COMMUNITY CENTER
Prepared under the Supervision of and Approved by:
April 29, 2024
Joe Ames, Public Works Director Date
i
CITY OF LAGUNA HILLS
TABLE OF CONTENTS
FOR
JANITORIAL MAINTENANCE SERVICES FOR THE
LAGUNA HILLS COMMUNITY CENTER
NOTICE INVITING SEALED BIDS NB-1
INSTRUCTIONS TO BIDDERS IB-1
GENERAL PROVISIONS GP-1
Agreement GP-1
Conflicts GP-1
Base Bid and Alternate Bids GP-1
Award of Janitorial Maintenance Services
Agreement/Best Qualified Vendor Selection Criteria GP-1 Term/Extension GP-4
Method of Payment GP-4
Compensation GP-5
Task Order for Extra Work GP-5
Prevailing Wages GP-6
Anti-Kickback and Work Standards GP-7
Licenses GP-7
Dress Code and Appearance GP-7
Interaction with the Public GP-8
The City’s Right to do Work GP-8
City Liaison GP-8
Substitutions GP-8
Specifications and Plans GP-8
Work Not Included GP-9
Communications GP-9
PROPOSAL DOCUMENTS
Proposal P-1
Contractor’s Licensing Statement P-4
Non-Collusion Affidavit P-6
Proposal Bid Sheets P-7
SPECIAL PROVISIONS
General SP-1
ii
JANITORIAL MAINTENANCE AREAS / FACILITY MAP APPENDIX I
DRAFT JANITORIAL MAINTENANCE SERVICES
AGREEMENT APPENDIX II
JANITORIAL MAINTENANCE SERVICES
PERFORMANCE WARNING/DEFICIENCY DEDUCTION APPENDIX III
BEST MANAGEMENT PRACTICES APPENDIX IV
CITY POLICY - CITY ADMINISTRATIVE ORDER NO. 28:
USE AND PROCUREMENT OF ORGANIC WASTE
RECYCLED PRODUCTS APPENDIX V
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CITY OF LAGUNA HILLS
NOTICE INVITING SEALED BIDS FOR
JANITORIAL MAINTENANCE SERVICES FOR THE
LAGUNA HILLS COMMUNITY CENTER
NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Laguna Hills, as AGENCY, for furnishing all materials, equipment, tools, labor, and incidentals as required for the above stated Project in strict accordance with this Notice Inviting Bids, Specifications and Janitorial Maintenance Services Agreement on file in the City Clerk’s Department of the City of Laguna Hills.
Bids for a Base Bid and Alternate/Additive Bids will be received by the City Clerk at the City of Laguna Hills, 24035 El Toro Road, Laguna Hills, CA 92653 until 10:00 a.m. on the 30th day of May 2024, at which time and place the bids will be publicly opened and read aloud. Bids shall be submitted in sealed envelopes marked on the outside, “SEALED BID FOR JANITORIAL MAINTENANCE SERVICES – LAGUNA HILLS COMMUNITY CENTER – DO NOT OPEN WITH REGULAR MAIL.” The determination of the lowest bid value shall be based upon a comparison of the Base Bid only.
MANDATORY PRE-BID MEETING ATTENDANCE – Any Bidder intending to submit a Bid Proposal for this Project shall attend a Pre-bid Meeting to be held on May 21, 2024, promptly beginning at 2:00 p.m. The meeting shall be held in the Heritage Room, Laguna Hills Community Center, 25555 Alicia Parkway, Laguna Hills, CA, 92653. In order for a Bidder’s Bid Proposal to be considered by City as being responsive, Bidder shall have attended the entirety of the Mandatory Pre-Bid Meeting described above.
DESCRIPTION OF THE WORK: The City seeks to retain the services of a qualified and experienced company/Contractor capable of performing the work of all-inclusive janitorial maintenance services at the Laguna Hills Community Center including furnishing all labor, equipment, materials, cleaning products, chemicals, transportation, and incidentals for the following, but not limited to, janitorial services, including, but not limited to: inspection and cleaning of tables, chairs, floors, walls, doors, mirrors, ledges, partitions and ceilings, disinfection of restrooms, basins, urinals, toilet bowls and fixtures, picking up trash and debris, emptying trash, organic waste, and recycling materials receptacles, cleaning trash enclosure area, purchasing and restocking all paper products and all cleaning products, emptying, cleaning and refilling all dispensers, mopping, scrubbing and disinfecting floors, stripping and re-waxing floors, polishing all chrome and metal fixtures, cleaning and
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polishing all doors, dusting all ledges and partitions, spot cleaning all floors, partitions, walls, ceilings, and exhaust fans, cleaning and disinfecting drinking fountains, flushing drains, removing stickers and graffiti, cleaning vents and light fixtures, washing down walls, on an ongoing basis (the “Project”) in accordance with a Base Bid and/or any combination of Alternate/Additive Bids.
AWARD OF CONTRACT: The Agency reserves the right, after opening bids, to reject any or all bids and will procure the services for Project consistent with the City’s procurement regulations, procedures, and best qualified vendor selection criteria set forth in Sections 3-08.090 and 3-08.100 of the Laguna Hills Municipal Code (LHMC), respectively, as determined solely by the City; to waive any informality in the bidding; to accept any bid or portion thereof; and to take all bids under advisement for a period of ninety (90) days. Bids will be compared on the basis of the Engineer’s estimate of the quantities of the several items of work as shown on the bid sheets. A full and complete copy of Sections 3-08.090 and 3-08.100 of the LHMC is provided within the Instructions for Bidders section of this document. To facilitate the City’s determination of the Best Qualified Vendor, Bidder shall provide up to ten pages of additional information about their unique qualifications meeting the City’s needs for this Project as a part of the submission of their Bid Proposal. The City may, at its discretion, after the opening of the Bids, schedule interviews of the lowest Bidders as a part of its determination of the Best Qualified Vendor. Bidders shall be notified of a schedule of interviews and shall participate upon an invitation issued by the City.
REGISTRATION WITH DEPARTMENT OF INDUSTRIAL RELATIONS: At the time of award of the proposed Janitorial Maintenance Services Agreement, the Contractor shall be registered with the California Department of Industrial Relations Labor Commission’s Office in conformance with California Labor Code Section 1420, et seq., (“Property Service Workers Protection Act”), unless exempt by the Code. The City requires either the State Compensation Insurance Fund or a carrier rated B+ or above for Workers’ Compensation Insurance.
WAGE RATE REQUIREMENTS: The selected company/Contractor shall enter into the Janitorial Maintenance Services Agreement, which includes the following provision regarding Prevailing Wages: “Contractor is required to know and comply with the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.”
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CITY OF LAGUNA HILLS
INSTRUCTIONS TO BIDDERS
FOR
JANITORIAL MAINTENANCE SERVICES FOR THE
LAGUNA HILLS COMMUNITY CENTER
1. BID PROPOSAL FORMS
Bid Proposal(s) shall be submitted in writing on the Bid Proposal forms provided by the City. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The City will not consider any submission not meeting these requirements. Bid Proposals shall consist of a Base Bid and Alternate/Additive Bids.
2. NON-COLLUSION AFFIDAVIT
Contractor shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the City is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the Bid Proposal is in all respects fair and without collusion or fraud. The Non-Collusion Affidavit shall be executed and submitted with the proposal.
3. PROPOSAL BID SHEET
Contractors shall give unit prices for each and all of the items set forth. No aggregate proposal(s) will be considered. The Contractor shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The quantities listed in the Bid sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed and may change over the duration of the Project. Contractor shall make its own estimates as to the extent of the work. In case of a variation between the unit price and the totals shown by the Contractor, the unit price will be considered to be the bid.
4. DELIVERY OF BID PROPOSAL
Bid Proposals may be mailed or delivered by messenger. However, it is the Contractor’s sole responsibility to ensure delivery of the proposal to the hands of the City Clerk by the date and time required in the Notice Inviting Sealed Bids.
Sealed bids or proposals shall be submitted to the office of the City Clerk or requesting city department and shall be identified as formal competitive bids or
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proposals on the outside of the sealed envelope. The City Clerk or requesting city department head shall store all sealed bids in a secure location until opening. The City Clerk or requesting City department head shall open all bids or proposals in public at the time and place stated in the notice inviting bids. A tabulation of all bids or proposals received shall be open for public review and inspection in the office of the City Clerk or requesting city department during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.
5. IRREGULAR BID PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a Bid Proposal will render it irregular and may cause its rejection. The completed Bid Proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.
6. TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.
7. DISQUALIFICATION OF CONTRACTORS
In the event that any Contractor acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected, and the Contractor will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one. No Agreement will be executed unless the Contractor is licensed in accordance with the provisions of the State Business and Professions Code.
8. INTERPRETATION OF DOCUMENTS
If any person/company/corporation contemplates submission of a Bid Proposal for the proposed Project and is in doubt as to the true meaning of any part of the specifications or other proposed documents, or finds discrepancies in, or omissions from the specifications, they may submit to the City a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The City will not be responsible for any other explanation or interpretations of the proposed documents. Contractor shall field review the site of the Project and completely familiarize themselves with all of the work necessary to complete the Project as described in the Specifications.
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9. ADDENDA OR BULLETINS
The effect of all addenda to the Documents shall be considered in the Bid Proposal, and said addenda shall be made a part of these documents and shall be returned with them. Before submitting its Bid Proposal, each Contractor shall inform themselves as to whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued, may render its bid irregular and may result in its rejection by the City.
10. LEGAL RESPONSIBILITIES
All Bid Proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to Bid Proposal(s) for contracts of this nature whether the same are expressly referred to herein or not.
Any Contractor submitting a Bid Proposal shall by such action thereby acknowledge they have visited the full limits and extent of the work site and agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Notice Inviting Bids, Specifications and Sample Draft Janitorial Maintenance Services Agreement, which is subject to change upon final, and to full compliance therewith.
11. AWARD OF JANITORIAL MAINTENANCE SERVICES AGREEMENT
Following a review of the Bid Proposal(s), the City shall determine whether to select a qualified Contractor for the Project based upon multiple criteria described herein. The determination of the lowest bid value shall be based upon a comparison of the Base Bid only. However, the City shall determine whether to award the proposed Agreement, which is subject to change upon final, for the Base Bid and/or any combination of Alternate/Additive Bids to the Best Qualified Vendor in accordance with all of the following provisions of the LHMC. “3-08.090 Procurement of goods and supplies, equipment, materials, and nonprofessional services – Greater than fifty thousand dollars ($50,000.00) – Formal
The procurement of goods and supplies, equipment, materials, and nonprofessional services with an estimated value of greater than fifty thousand dollars ($50,000.00), inclusive of taxes, licenses, freight charges, installation charges, fees, and other considerations, shall be made by the formal procedures set forth in this section.
A. Notice Inviting Bids. Notices inviting formal bids or proposals from prospective vendors shall be publicly noticed no later than ten calendar
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days before the submission date for formal bids. The notices shall describe the requested goods or supplies, equipment, materials, or nonprofessional services in general terms, how to obtain more detailed information concerning the procurement, and state the time, place, and deadline for submission of sealed bids or proposals.
B. Public Notice. The notice inviting formal bids or proposals shall be publicly noticed in any generally accepted manner, which includes on the city’s official website. In addition, such notice may also include trade publications when practicable.
C. Bid Opening Procedure. Sealed bids or proposals shall be submitted to the office of the City Clerk or requesting city department and shall be identified as formal competitive bids or proposals on the outside of the sealed envelope. The City Clerk or requesting city department head shall store all sealed bids in a secure location until opening. The City Clerk or requesting city department head shall open all bids or proposals in public at the time and place stated in the notice inviting bids. A tabulation of all bids or proposals received shall be open for public review and inspection in the office of the City Clerk or requesting city department during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.
D. Rejection of Bids. The City Council or the Purchasing Officer shall have the discretion to reject any and all bids or proposals for any reason or for no reason, and may suspend, delay, or otherwise cancel the procurement, or may order the re-advertisement of the request for bids. If all formal bids or proposals are rejected and the City Council resolves by a recorded majority vote of the total membership of the City Council that the procurement can be performed more economically by force account, by informal procedures, or through open market purchases, then it may dispense with further formal competitive public bidding.
E. Tie Bids. If two or more formal bids or proposals received are the same and are the lowest, the City Council may accept the one it chooses.
F. Award of Contracts. Contracts or purchase orders shall be awarded by the City Council to the lowest Bidder or proposer consistent with the best qualified vendor selection criteria set forth in Section 3-08.100, except as otherwise provided herein. The decision of the City Council shall be final.
The City Council may authorize that such purchase orders or contracts be executed by either the Mayor or the City Manager, or the City Council may otherwise delegate such signature authority.
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G. No Bids Received. If no bids or proposals are received, the purchase may be let in the open market or by the informal procedures set forth in Section 3-08.080, subject to City Council approval.
H. Performance Bonds. The Purchasing Officer shall have authority to recommend that a performance bond or other form of security or guarantee be required before entering into a contract in such amount as may be reasonably necessary to protect the best interests of the city. If a performance bond or other form of security or guarantee is required, the form and amount of the bond, security or guarantee shall be described in the notice inviting bids, and the performance bond, security or guarantee shall be in a form approved by the City Attorney.
I. Defects, Irregularities, and Informalities. The City Council may, in its sole discretion, waive any defect, irregularity, or informality in the formal bids or proposals or in the competitive procedures established in this section, and no such defect, irregularity, or informality shall void any contract entered into by the city.
3-08.100 Best qualified vendor.
In determining the best qualified vendor, consideration is to be given to price, quality, and performance of the goods and supplies, equipment, or materials to be purchased or nonprofessional services to be provided by the vendor. Criteria for determining the best qualified vendor shall include but not be limited to the following:
A. The cost and quality of the goods and supplies, equipment, materials, or nonprofessional services;
B. The ability, capacity, and skill of the vendor to perform the contract and to provide the goods and supplies, equipment, materials, or nonprofessional services requested;
C. The ability of the vendor to provide the goods and supplies, equipment, materials, or nonprofessional services requested promptly or within the time specified, without delay, interference, or service interruption; D. The ability of the vendor to demonstrate the attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform;
E. The character, integrity, reputation, judgment, references, experience, and efficiency of the vendor;
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F. The quality of vendor’s performance history and record on previous purchases or contracts with the city;
G. The ability of the vendor to provide future maintenance, repair parts, and services for the use of the goods and supplies, equipment, or materials purchased; and
H. The ability of the vendor to demonstrate its prior, current, and continued compliance during the contract term with all applicable federal, state, and local laws, statutes, ordinances and all lawful orders, rules, and regulations promulgated thereunder.”
To facilitate the City’s determination of the Best Qualified Vendor, Bidder shall provide additional information about their unique qualifications meeting the City’s needs for this Project as a part of the submission of their Bid Proposal. The City may, at its discretion, after the opening of the Bids, schedule interviews of the lowest Bidders as a part of its determination of the Best Qualified Vendor. Bidders shall be notified of a schedule of interviews and shall participate upon an invitation issued by the City.
At the time of award of the proposed Sample Draft Janitorial Maintenance Services Agreement, which is subject to change upon final, the selected Bidder shall hold a Contractor’s License or a combination of licenses, as appropriate to perform the work, issued by the State of California. Additionally, the City reserves the right to accept any bid or portion thereof, to waive any irregularity, and to take the Bid Proposal(s) under advisement for the period of time of ninety (90) days all as may be required to provide for the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Contractor to whom the award is contemplated. No Contractor may withdraw its Bid Proposal for a period of ninety (90) days after the time set for opening thereof. Contractor shall be required to agree to the terms of the attached (see Appendix II) Sample Draft Janitorial Maintenance Services Agreement, which is subject to change upon final.
12. WORKERS’ COMPENSATION CERTIFICATE
Section 3700 of the State Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations. In accordance with this Section and with Section 1861 of the State Labor Code, the Contractor shall sign a Compensation Insurance Certificate which is included with the attached Sample Draft Janitorial Maintenance Services Agreement, which is subject to change upon final, and submit same to City along with the other required contract documents,
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prior to performing any work. Reimbursement for this requirement shall be considered as included in the various items of work.
13. MANDATORY PRE-BID MEETING REQUIREMENT
Any Bidder intending to submit a Bid Proposal for this Project shall attend a Mandatory Pre-Bid Meeting to be held on May 21, 2024, promptly beginning at 2:00 p.m.
The meeting shall be held in the Heritage Room of the Laguna Hills Community Center, 25555 Alicia Parkway, Laguna Hills, CA, 92653.
In order for a Bidder’s Bid Proposal to be considered by City as being responsive, Bidder shall have attended the entirety of the Mandatory Pre-Bid Meeting described above.
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CITY OF LAGUNA HILLS
GENERAL PROVISIONS
FOR
JANITORIAL MAINTENANCE SERVICES FOR THE
LAGUNA HILLS COMMUNITY CENTER
1. AGREEMENT
The selected company/Contractor, by submitting their bid, is agreeing to enter into the proposed Sample Draft Janitorial Maintenance Services Agreement (hereinafter “Agreement”), which is subject to change upon final. The Sample Draft Janitorial Maintenance Services Agreement is attached (see Appendix II).
2. CONFLICTS
In case of any conflict between the Notice Inviting Bids, these Specifications and the Agreement, the Agreement shall take precedence.
3. BASE BID AND ALTERNATE BIDS
Bids shall be compared on the basis of the Base Bid only for the determination of the lowest responsive Bidder. The Agency shall have the authority to select a company/Contractor to enter into the Agreement to provide services on the basis of the Base Bid and/or any combination of Alternative Bids, if any, and in accordance with the “best qualified vendor selection criteria” as described herein.
4. AWARD OF JANITORIAL MAINTENANCE SERVICES AGREEMENT – BEST
QUALIFIED VENDOR SELECTION CRITERIA
Following a review of the Bid Proposal(s), the City shall determine whether to select a qualified Contractor for the Project based upon multiple criteria described herein. The determination of the lowest bid value shall be based upon a comparison of the Base Bid only. However, the City shall determine whether to award the proposed Agreement, which is subject to change upon final, for the Base Bid and/or any combination of Alternate Bids, if any, to the best qualified vendor in accordance with all of the following provisions of the LHMC. “3-08.090 Procurement of goods and supplies, equipment, materials, and nonprofessional services – Greater than fifty thousand dollars ($50,000.00) – Formal
The procurement of goods and supplies, equipment, materials, and nonprofessional services with an estimated value of greater than fifty thousand dollars ($50,000.00), inclusive of taxes, licenses, freight charges, installation
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charges, fees, and other considerations, shall be made by the formal procedures set forth in this section.
A. Notice Inviting Bids. Notices inviting formal bids or proposals from prospective vendors shall be publicly noticed no later than ten calendar days before the submission date for formal bids. The notices shall describe the requested goods or supplies, equipment, materials, or nonprofessional services in general terms, how to obtain more detailed information concerning the procurement, and state the time, place, and deadline for submission of sealed bids or proposals.
B. Public Notice. The notice inviting formal bids or proposals shall be publicly noticed in any generally accepted manner, which includes on the city’s official website. In addition, such notice may also include trade publications when practicable.
C. Bid Opening Procedure. Sealed bids or proposals shall be submitted to the office of the City Clerk or requesting city department and shall be identified as formal competitive bids or proposals on the outside of the sealed envelope. The City Clerk or requesting city department head shall store all sealed bids in a secure location until opening. The City Clerk or requesting City department head shall open all bids or proposals in public at the time and place stated in the notice inviting bids. A tabulation of all bids or proposals received shall be open for public review and inspection in the office of the City Clerk or requesting City department during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.
D. Rejection of Bids. The City Council or the Purchasing Officer shall have the discretion to reject any and all bids or proposals for any reason or for no reason, and may suspend, delay, or otherwise cancel the procurement, or may order the re-advertisement of the request for bids. If all formal bids or proposals are rejected and the City Council resolves by a recorded majority vote of the total membership of the City Council that the procurement can be performed more economically by force account, by informal procedures, or through open market purchases, then it may dispense with further formal competitive public bidding.
E. Tie Bids. If two or more formal bids or proposals received are the same and are the lowest, the City Council may accept the one it chooses.
F. Award of Contracts. Contracts or purchase orders shall be awarded by the City Council to the lowest Bidder or proposer consistent with the best qualified vendor selection criteria set forth in Section 3-08.100, except as otherwise provided herein. The decision of the City Council shall be final. The City Council may authorize that such purchase orders or contracts be executed by either the Mayor or the City Manager, or the City Council may otherwise delegate such signature authority.
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G. No Bids Received. If no bids or proposals are received, the purchase may be let in the open market or by the informal procedures set forth in Section 3-08.080, subject to City Council approval.
H. Performance Bonds. The Purchasing Officer shall have authority to recommend that a performance bond or other form of security or guarantee be required before entering into a contract in such amount as may be reasonably necessary to protect the best interests of the city. If a performance bond or other form of security or guarantee is required, the form and amount of the bond, security or guarantee shall be described in the notice inviting bids, and the performance bond, security or guarantee shall be in a form approved by the City Attorney.
I. Defects, Irregularities, and Informalities. The City Council may, in its sole discretion, waive any defect, irregularity, or informality in the formal bids or proposals or in the competitive procedures established in this section, and no such defect, irregularity, or informality shall void any contract entered into by the city. 3-08.100 Best qualified vendor.
In determining the best qualified vendor, consideration is to be given to price, quality, and performance of the goods and supplies, equipment, or materials to be purchased or nonprofessional services to be provided by the vendor. Criteria for determining the best qualified vendor shall include but not be limited to the following:
A. The cost and quality of the goods and supplies, equipment, materials, or nonprofessional services;
B. The ability, capacity, and skill of the vendor to perform the contract and to provide the goods and supplies, equipment, materials, or nonprofessional services requested;
C. The ability of the vendor to provide the goods and supplies, equipment, materials, or nonprofessional services requested promptly or within the time specified, without delay, interference, or service interruption; D. The ability of the vendor to demonstrate the attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform; E. The character, integrity, reputation, judgment, references, experience, and efficiency of the vendor;
F. The quality of vendor’s performance history and record on previous purchases or contracts with the city;
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G. The ability of the vendor to provide future maintenance, repair parts, and services for the use of the goods and supplies, equipment, or materials purchased; and
H. The ability of the vendor to demonstrate its prior, current, and continued compliance during the contract term with all applicable federal, state, and local laws, statutes, ordinances and all lawful orders, rules, and regulations promulgated thereunder.”
To facilitate the City’s determination of the Best Qualified Vendor, Bidder shall provide additional information about their unique qualifications meeting the City’s needs for this Project as a part of the submission of their Bid. The City may, at its discretion, after the opening of the Bids, schedule interviews of the lowest Bidders as a part of its determination of the Best Qualified Vendor. Bidders shall be notified of a schedule of interviews and shall participate upon an invitation issued by the City.
The City reserves the right to accept any bid or portion thereof, to waive any irregularity, and to take the Bid Proposal(s) under advisement for the period of time of ninety (90) days all as may be required to provide for the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Company/Contractor to whom the award is contemplated. No Bidder may withdraw its Bid Proposal for a period of ninety (90) days after the time set for opening thereof. Contractor shall be required to agree to the terms of the attached (see Appendix II) Draft Janitorial Services Agreement.
5. TERM/EXTENSION
Unless earlier terminated as provided in the Agreement, the Agreement shall commence upon the effective date of the Agreement and shall continue in full force and effect for a period of five (5) years, commencing on July 1, 2024, and ending on June 30, 2029 (“Initial Term”). The City shall have the unilateral option, at its sole discretion, to renew and extend the term of this Agreement for no more than one additional three (3) year term (“Renewal Option”).
Any extension of the Term pursuant to the Renewal Option shall only be made on the basis of the terms, conditions, requirements and schedule of compensation as provided for in the five-year Initial Term of the Agreement.
6. METHOD OF PAYMENT
The Contractor shall present, for the previous month, a monthly invoice for the contracted monthly amount for regular maintenance for the lump sum price proposed and, separately, for any extra work as preauthorized by Task Order as issued by City. The monthly invoice shall be accompanied with a narrative
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description of all work completed in the preceding month and all other reporting as specified herein as a prerequisite for processing the invoice for payment. Failure to invoice monthly, within 30 days of the last day of the preceding month, then said invoice shall not be due and payable. Payment will be made monthly only after verification of completion of the scheduled work and any extra work.
Send monthly invoices to: Community Services Director, Laguna Hills Community Center, 25555 Alicia Parkway, Laguna Hills, CA 92653
7. COMPENSATION
Full compensation for performing all work specified by these specifications and the Agreement shall be considered as included in the lump sum price bid for monthly janitorial maintenance and no additional compensation will be allowed therefore, except for specific extra work activities listed.
The general work activities (for a complete list, consult the Special Provisions within these Specifications) included in the monthly lump sum price shall include, but not be limited to, the following work:
Inspection and cleaning of tables, chairs, floors, walls, doors, mirrors, ledges, partitions and ceilings, disinfection of restrooms, basins, urinals, toilet bowls and fixtures, picking up trash and debris, emptying trash, organic waste, and recycling materials receptacles, cleaning trash enclosure area, purchasing and restocking all paper products and all cleaning products, emptying, cleaning and refilling all dispensers, mopping, scrubbing and disinfecting floors, stripping and re-waxing floors, polishing all chrome and metal fixtures, cleaning and polishing all doors, dusting all ledges and partitions, spot cleaning all floors, partitions, walls, ceilings, and exhaust fans, cleaning and disinfecting drinking fountains, flushing drains, removing stickers and graffiti, cleaning vents and light fixtures, washing down walls, on an ongoing basis.
The general work activities will occur on ongoing basis (the “Project”) in accordance with the Base Bid and/or any combination of Alternate Bids.
All compensation is subject to the monthly deduction of funds as solely determined by the City in accordance with the Janitorial Maintenance Services Performance Deficiency Deduction (see below and Appendix III).
8. TASK ORDER FOR EXTRA WORK
No extra work shall be performed without the City issuance of a Task Order authorizing the work. The following procedure will govern such extra work.
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1. Extra work shall not be initiated without written authorization as represented by a Task Order except if the City Liaison below identifies a time sensitive emergency that if not immediately addressed would potentially expose the public to an adverse safety condition or incur a substantial cost impact by a delay in action. Otherwise, work performed prior to written authorization shall not be paid.
2. Work will be executed in a timely manner meeting the approval of the City Liaison on a Unit Price basis, an agreed lump sum price, or time and material basis as defined in the Task Order.
3. Materials cost shall be the actual cost plus 15% for handling of materials purchased by the Contractor and used for the extra work, including sales taxes, freight and delivery charges. The City reserves the right to directly purchase materials for the Contractor’s use.
4. Equipment rental costs for extra work on an hourly or daily basis, if any, shall include full compensation including move-in and/or move-out charges and the operator and no additional compensation will be allowed. All equipment shall be in good working order and be suitable for its purpose.
5. Notwithstanding the above clauses, the City shall have no obligation to utilize the Contractor for extra work and may use other forces as deemed appropriate by the City without any effect on the Agreement.
9. PREVAILING WAGES
The Agreement includes the following provision regarding Prevailing Wages:
“Contractor is required to know and comply with the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.”
Except for any work or services that are considered to be cleaning, custodial, and janitorial in nature, the City has determined that any other work or services are Public Works as defined in the State of California Labor Code, therefore such work
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or services shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). The prevailing wages applicable to this procurement are available on the DIR web page at www.dir.ca.gov. It is the Bidders’ sole responsibility to incorporate the cost of complying with all prevailing wage and labor compliance requirements and all applicable laws for this Project.
The successful Bidder and its subcontractors of any tier, if any, shall maintain active registration with DIR, as appropriate, for the duration of this Project.
Additional Prevailing Wage requirements are set forth in more detail as terms and conditions in the attached (Appendix II) draft Janitorial Maintenance Services Agreement.
10. ANTI-KICKBACK AND WORK STANDARDS
The Contractor shall comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). The Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C., 327-330) as supplemented by the Department of Labor Regulations (29 CFR, Part 5). Section 103 requires the Contractor to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and the standard workweek of forty (40) hours.
Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than one and one half (1-1/2) times the basic rate of pay for all hours worked in excess of 8 hours in any calendar day or 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor.
11. LICENSES
The Contractor shall have and maintain a State of California Contractor’s License as appropriate for the work for the duration of these services. Additionally, Contractor shall have and maintain additional licenses as required by any governmental regulation for any other regulated work. There is no City Business License requirement.
12. DRESS CODE AND APPEARANCE
The Company/Contractor shall be required to provide uniforms for personnel assigned to the Project, meeting the City’s approval. Sufficient clothing changes shall be provided to personnel to always present a neat and clean appearance of the janitorial maintenance personnel at all times. All employees working must wear, as appropriate, gloves, safety goggles, and other safety gear.
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13. INTERACTION WITH PUBLIC
All of the personnel shall exhibit and practice courteous and ethical behavior during all times of the Agreement and during all interactions with the public to the City’s satisfaction. All personnel shall be capable of basic communication skills in the English language. Any personnel deemed not meeting the City’s standards shall be promptly removed from the Project.
14. THE CITY’S RIGHT TO DO WORK
The City reserves the right to do work as required within the City facilities. If such alterations affect the provision of the Agreement, the Contractor shall submit a cost reduction to the Agreement resulting from the new work.
15. CITY LIAISON
The City Liaison or representative is the Community Services Manager or designee. The City Liaison and the Contractor’s Supervisor will meet on bi-weekly basis, or more frequently if the City so desires. The purpose of this meeting will be to discuss general and specific status of janitorial maintenance. More frequent contact may be required between the City Liaison and the Contractor’s Supervisor separately from these meetings.
16. REVIEW OF PROJECT SERVICES
Upon request, the Contractor or their representative will walk the Project with the City Liaison for the purpose of determining compliance with the Specification or to discuss required work.
17. SUBSTITUTIONS
Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the City Liaison.
18. SPECIFICATIONS AND PLANS
The work performed shall be done in accordance with the General Provisions and Special Provisions.
Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Agreement.
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19. WORK NOT INCLUDED
The following work is not included in the monthly lump sum price for janitorial maintenance services:
a) Maintaining interior plants.
20. COMMUNICATIONS
In addition to emergency telephone access and weekly meetings, Contractor shall maintain standard office contact methods including telephone, facsimile machine, and U.S. mail. Contractor shall maintain and utilize an email account specific to the City of Laguna Hills. Email shall be the routine communication media for submission of documents, requests, work orders, reports, etc. /
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CITY OF LAGUNA HILLS
BID PROPOSAL FOR
JANITORIAL MAINTENANCE SERVICES FOR THE
LAGUNA HILLS COMMUNITY CENTER
Proposal Submission Requirements
Bidder shall submit the following documents as a part of the submission of the Bid Proposal:
1. A cover letter on Company stationery including the following:
a) An expressed statement of interest in providing services to City for the Project
b) A statement expressing that the Company will provide the full Scope of Services described in the Notice Inviting Bids and Specifications
c) A statement of the Company expressing its willingness and ability to sign and comply with the Sample Draft Janitorial Maintenance Services Agreement
d) A brief statement of the Company’s experience which makes them qualified for the Project.
2. Up to ten additional sheets of information identifying:
a) The qualifications of the Company
b) The qualifications of the management staff
c) Brief biographies/résumés of key personnel
d) Letters of Recommendation from current or former clients e) Company experience with similar services provided to public agencies
3. A statement and documentation of the Company’s financial condition.
4. Any additional information the Bidder would like considered for determination of the Best Qualified Vendor.
5. All the following Bid Proposal pages.
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BIDDER’S NAME:
CITY OF LAGUNA HILLS
BID PROPOSAL FOR
JANITORIAL MAINTENANCE SERVICES FOR THE
LAGUNA HILLS COMMUNITY CENTER
TO CITY OF LAGUNA HILLS:
The undersigned CONTRACTOR hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated Project as set forth in the Notice Inviting Bids, Specifications, and Sample Draft Janitorial Maintenance Services Agreement therefore, and to perform all work in the manner and time prescribed therein.
CONTRACTOR declares that this Bid Proposal is based upon careful examination of the work site, Notice Inviting Bids, Specifications, and Sample Draft Janitorial Maintenance Services Agreement. If this Bid Proposal is accepted for award, CONTRACTOR agrees to enter into the attached Draft Janitorial Maintenance Services Agreement with City at the unit and/or lump sum prices set forth in the following Proposal Bid Sheets.
CONTRACTOR understands that a bid is required for the entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing proposal(s), and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.
CONTRACTOR agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workman’s compensation or to undertake self-insurance in accordance with the provisions of that code, and that the CONTRACTOR will comply with such provisions of that code before commencing the performance of this Contract if awarded to it.
CONTRACTOR certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
CONTRACTOR declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.
CONTRACTOR acknowledges that it is the City’s intention to award a Janitorial Maintenance Services Agreement for a period commencing on July 1, 2024.
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CONTRACTOR acknowledges that the scope and units of work on the Proposal Bid Sheets are approximate descriptions and estimates of work to be performed on an annual basis during the term of this Project, that the work shall only be performed on an asneeded, on-call individual Task Order basis only and no quantity of work or payment to Contractor is guaranteed to be authorized or granted by the City.
CONTRACTOR’S NAME:__________________________DATE______________2024 CONTRACTOR’S ADDRESS:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ BY
TITLE
(Signature)
PHONE ( ) BY
TITLE
(Signature)
Signatures to be Notarized,
Attach ACKNOWLEDGMENT
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CONTRACTOR’S INFORMATION
CONTRACTOR certifies that the following information is true and correct:
Contractor Name________________________________________________________ Business Address_____________________________________________________ FAX No. (___)_____________ Telephone (___)_____________ E-Mail address:
State Contractor’s License No. and Class __________________________________ Original Date Issued_________________Expiration Date_____________________ Years this Company has been in the Maintenance Business _________________ The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:
The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:
All current and prior DBA’s, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
BY____________________
(Print Name)
____________________
(Signature)
TITLE _____________________
DATE _____________________
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BIDDER’S NAME:
REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for which CONTRACTOR has current contracts for maintenance services:
A. Agency: _______________________________________________________ Address: _______________________________________________________ Telephone: _____________________________________________________ Primary Contact Person/Title: _______________________________________ Years of service with this Agency: _______ Type of Work: __________________ Term of Agreement: _______________ Expiration Date: __________________ B. Agency: _______________________________________________________ Address: _______________________________________________________ Telephone: _____________________________________________________ Primary Contact Person/Title: _______________________________________ Years of service with this Agency: _______ Type of Work: __________________ Term of Agreement: _______________ Expiration Date: __________________ C. Agency: _______________________________________________________ Address: _______________________________________________________ Telephone: _____________________________________________________ Primary Contact Person/Title: _______________________________________ Years of service with this Agency: ________ Type of Work: _________________ Term of Agreement: _______________ Expiration Date: __________________ Continued next page
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BIDDER’S NAME: ___________________
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY CONTRACTOR AND
SUBMITTED WITH BID
STATE OF CALIFORNIA )
) SS
COUNTY OF )
_________________________________________, being first duly sworn, deposes and says that he or she is _____________________________________________of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, Contractor association, organization, or corporation; that such bid is genuine and not collusive or sham; that the Contractor has not directly or indirectly induced or solicited any other Contractor to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Contractor or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Contractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Contractor or any other Contractor, or to fix any overhead, profit, or cost element of the bid price, or of that of any other, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the Contractor has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agency thereof to effectuate a collusive or sham bid.
Signed
_________________________
_________________________
Name (print)
Title
Date
Signatures to be Notarized,
Attach ACKNOWLEDGMENT
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BIDDER’S NAME___________________
CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS FOR
JANITORIAL MAINTENANCE SERVICES FOR THE
LAGUNA HILLS COMMUNITY CENTER
BASE BID: LAGUNA HILLS COMMUNITY CENTER
Six (6) days per week, Monday – Saturday, including all Holidays specified within the Special Provisions, and all “City Special Events” as specified within the Special Provisions regardless of the day of the week or Holiday the City Special Event occurs.
Day Shift: 8:00 a.m. to 5:00 p.m.
Night Shift: 12:00 a.m. to 5:00 a.m.
Base Bid Janitorial Maintenance Services Monthly Cost $___________/month X 12 months
= Annual Cost Base Bid $______________
Total Annual Cost Bid in Words:
___________________________________________________DOLLARS and ____CENTS ADDITIVE BID: LAGUNA HILLS COMMUNITY CENTER
Sundays, including all Holidays specified within the Special Provisions.
Day Shift: 8:00 a.m. to 5:00 p.m.
NO Night Shift
Additive Bid Janitorial Maintenance Services Monthly Cost $___________/month X 12 months
= Annual Cost Base Bid $______________
Total Annual Cost Bid in Words:
___________________________________________________DOLLARS and ____CENTS **************************************************************************************************** / Continued next page
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BIDDER’S NAME___________________
CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS FOR
JANITORIAL MAINTENANCE SERVICES FOR THE
LAGUNA HILLS COMMUNITY CENTER
CONTINUED
UNIT PRICES BID
a) Multifold Hand Paper (1 ply) $_________/4,000 towels b) Toilet Paper (2 ply) $_________/96 rolls
c) Seat Cover (half-fold) $_________/250 covers
d) Hand Soap $_________/gallon
e) Large Trash Can Liners (40” x 48”) $_________/150 case f) Medium Trash Can Liners (30” x 37”) $_________/500 case g) Small Trash Can Liners (24” x 24”) $_________/1,000 case h) Soil Extractor (32 oz) $_________/each
i) Gum Remover (6.5 oz can) $_________/each
j) Graffiti Remover (24 oz bottle) $_________/each
k) Urinal Screens $_________/12 case
l) Sanitary Napkins $_________/250 case
m) Tampons $_________/500 case
n) Super Stripper (1 gallon) $_________/each
o) Sealer and Wax (1 gallon) $_________/each
All other items not listed above shall be cost + 15% markup.
Paper products supplied by Contractor shall conform to the “Paper Products” requirements under the City’s Organic Waste Procurement Policy (see Appendix V). /Continued next page
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BIDDER’S NAME___________________
CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS FOR
JANITORIAL MAINTENANCE SERVICES FOR THE
LAGUNA HILLS COMMUNITY CENTER
CONTINUED
EXTRA WORK BID
p) Window cleaning (each pane) $_________ /each
q) Wall washing $_________ /sq. ft.
r) Steam clean carpeting $_________ /sq. ft.
s) Shampooing carpeting $_________ /sq. ft.
t) Stripping, waxing, and spot cleaning of wood floors
$_________ /per man-hour
u) Stripping, waxing, and spot cleaning of tile floors
$_________ /per man-hour
v) Extra custodian $_________ /per man-hour
w) Clean out decorative light fixtures in Main Lobby Area and Heritage Room (City can provide personnel lift) $_________ /per man-hour
PERSONNEL
Bidder shall provide the following minimum daily personnel count for this Project and state the number of personnel committed to this Project:
Staff Minimum Requirement Bidder’s Proposal
Day Porter 1 _____
Night Porter 2 _____
Minimum Required Staff 3 Total Bidder’s Staff _____
For the Base Bid fee, Bidder shall provide Personnel counts listed above to provide service Monday – Saturday at the Center, including on all Holidays (as described in section “Scheduling of Operations/Holidays” on page SP-10), and all “City Special Events” as specified within the Special Provisions regardless of the day of the week or Holiday the City Special Event occurs (reference page SP-11).
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For the Additive Bid fee, Bidder shall provide a Day Porter to provide service on Sundays at the Center, including on all Holidays (as described in section “Scheduling of Operations/Holidays on page SP-10).
To ensure the Contractor provides a satisfactory level of performance, the City may require more manpower to be provided at any time, depending on the Contractor’s ability to perform all work efficiently, to satisfy the requirements of the specifications. Any adjustments to manpower to satisfy the requirements of the specifications must occur immediately when requested by the City Liaison at no additional cost.
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CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS FOR
JANITORIAL MAINTENANCE SERVICES FOR THE
LAGUNA HILLS COMMUNITY CENTER
CONTINUED
BID PROPOSAL
IN WITNESS WHEREOF, Contractor executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this ______day of ___________, 2024.
NOTE: CONTRACTOR MAY, AT THEIR SOLE DISCRETION, PROVIDE A LISTING
AND DESCRIPTION OF ADDITIONAL SERVICES THEY OFFER, ADDITIONAL
REFERENCES, AND ADDITIONAL COMPANY INFORMATION DESCRIBING THEIR
UNIQUE QUALIFICATIONS TO AID THE CITY IN DETERMING THE BEST QUALIFIED VENDOR BY ATTACHING UP TO 10 ADDITIONAL PAGES TO THIS BID PROPOSAL.
CITY MAY UTILIZE THIS INFORMATION IN ITS EVALUATION OF THE “BEST QUALIFIED VENDOR” IN ACCORDANCE WITH LHMC 3-08.090 and 3-080.100.
CONTRACTOR NAME: __________________________
By __________________________
Print
__________________________
Signature
___________________________
Title
Signatures to be Notarized,
Attach ACKNOWLEDGMENT
SP-1
CITY OF LAGUNA HILLS
SCOPE OF WORK
SPECIAL PROVISIONS
FOR
JANITORIAL MAINTENANCE SERVICES FOR THE
LAGUNA HILLS COMMUNITY CENTER
A. GENERAL
The Notice Inviting Bids, Information for Bidders, Proposal, General Provisions, Special Provisions, all Appendices and the Sample Draft Janitorial Maintenance Services Agreement establish the standards and specifications (hereinafter “specifications”) for janitorial maintenance services of the Laguna Hills Community Center.
The Contractor shall furnish all labor, equipment, materials, tools, services, and special skills required to perform the janitorial maintenance, as set forth in this specification, and in keeping with the highest standards of quality and performance for the lump sum price proposal.
B. LOCATIONS & HOURS
The City of Laguna Hills requires the following days and time frames to be staffed by qualified employees of the Contractor on a daily basis (up to 365 days per year except for Holidays as described “Scheduling of Operations/Holiday”) – no exceptions without written City approval.
All time frames shall be staffed to fulfill all the required, scheduled tasks on an ongoing basis (the “Project”) in accordance with a Base Bid and/or any combination of Alternate/Additive Bids.
Laguna Hills Community Center
25555 Alicia Parkway, Laguna Hills, CA 92653
Base Bid: Laguna Hills Community Center Building
Monday – Saturday, six (6) days per week, including all Holidays as specified within these Special Provisions, and all “City Special Events” as specified within the Special Provisions regardless of the day of the week or holiday the City Special Event occurs.
Day Shift: 8:00 a.m. to 5:00 p.m. | Night Shift: 12:00 a.m. to 5:00 a.m.
Additive Bid No. 1: Laguna Hills Community Center Building Sundays, including all Holidays as specified within these Special Provisions.
Day Shift: 8:00 a.m. to 5:00 p.m. | NO Night Shift
SP-2
C. GENERAL PROCEDURES
The City shall a require the service of a janitor/custodian to be capable of traveling to all Facilities as needed to maintain locker rooms, restrooms, and facility cleanliness throughout the day and night between the hours outlined in Section B, above. Staff shall be able to communicate effectively with City staff. Custodial staff must carry a mobile phone at all times to respond to service calls and inquiries immediately, and shall be dressed in branded contractor clothing.
1. Janitorial maintenance shall include but is not limited to: all carpeting, various flooring, restroom and restroom fixtures, cabinets, wall surfaces, restroom floor surfaces, offices and office equipment, tables, desks, chairs, glass windows, furniture, appliances, hardware, elevators, stairways, counters, shelving, work station cubicles, light fixtures, and all other fixtures located in the interior and exterior of the Community Center. Interior and exterior items to also be included are: drinking fountains, wall trim, door handles, and hardware, jambs, frames, signs, windows, light fixtures, building trim, awnings and metal, poles and columns, slate entry floors, walls, benches, outdoor tables, trash receptacles, and all other related building furniture and equipment. All chairs and tables shall be returned daily to their original setting.
2. Services provided shall include shutdown of malfunctioning faucets, toilets, urinals, sink fixtures, furniture, and drinking fountains, etc. All inoperable items shall be turned off and appropriate “out of order” signage shall be placed. Contractor shall immediately notify the City Liaison during City business hours, or after City business hours, the beginning of the next business day. The City will provide the maintenance contractor with keys to the plumbing closet to access shut-off valves to all equipment. Contractor shall be required to perform minor maintenance duties to the facility such as plunging toilets of blockages and replace batteries in nonfunctioning automated toilets, urinals, and sinks when necessary.
3. Janitorial services shall include 24-hour emergency voice services and requires that the maintenance contractor carry a cell phone at contractor expense. The Contractor shall be required to return phone calls within (15) fifteen minutes of initial contact by City Liaison and respond to any emergency service requests to City facilities within (1) one hour from City Liaison’s initial call to Contractor.
Custodians shall be required to carry an operational cell phone to respond to staff requests immediately.
4. Contact the City Liaison and/or Sheriff's Department immediately if any lewd or criminal acts are encountered. Telephone number of Sheriff’s non-emergency is (949) 770-6011 (or 911 for emergencies only).
5. Provide City Special Event staffing within specified time frames as directed by the City Liaison for designated City Special Events, which may occur on any day of
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the week including Holidays as further described and required under “City Special Events” page SP-11.
6. Report all major graffiti immediately by calling the City at (949) 707-2656 to notify City staff by phone or in person the next business day.
7. Children under the age of 18 are not permitted at City facilities while performing janitorial duties. Only designated Contractor employees are permitted to be on-site while performing janitorial duties. No visitors allowed at any time.
8. Contractor shall notify City staff of any unsafe conditions found of any nature at the Community Center. Contractor shall secure the unsafe condition until City staff arrives to evaluate the situation.
D. SUPERVISION
1. Contractor shall provide adequate supervisory staff assigned to the Project as required to maintain the optimum level of cleanliness as defined herein.
2. Contractor shall ensure all work is completed each night in a professional and timely manner.
3. Contractor shall secure all building entrances in accordance with the Project’s security procedures. Upon completion of work, lock all entrance doors during cleaning operations.
4. Contractor shall immediately notify the City Liaison of all accidents, damages, and plumbing issues.
5. Contractor shall train its employees on any emergency fire and disaster plan(s) developed by the City, and the Contractor shall participate in any implementation measures of the plan(s).
6. Contractor’s supervisory staff shall inspect the Project every other week during the daytime hours and check in with the City Liaison as part of the biweekly meetings to ensure that the City is satisfied with the services the Contractor is providing.
E. SECURITY PROCEDURES
While cleaning the building, Contractor’s personnel shall not admit anyone into an area except those authorized by Contractor or City personnel or employees having keys to the area and proper identification. Keys will be supplied to Contractor’s employees for access to Community Center. On completion of nightly duties, all lights will be turned off, doors locked, draperies closed, and offices left in a neat and orderly condition. Contractor shall abide by all security regulations of the City
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transmitted by the City to the Contractor, either orally or in writing. The City Liaison will be promptly notified of any irregularities.
F. STAFFING AND BACK-UP STAFF REQUIREMENTS
1. Staffing shall be as required to perform the necessary work to maintain the optimum level of cleanliness as set forth above.
2. Staffing shall be increased as required to accomplish any periodic maintenance herein specified without decreasing the level of the nightly janitorial services. All costs for such increased staffing are considered to be included in the initial bid submittal attached. No allowances will be granted to compensate for extra personnel required to adequately perform any portion of work included in this specification.
3. The Contractor may be called upon periodically to perform work not herein specified. Such work, when specifically authorized, will be classified as extra work.
However, the Contractor shall not use existing day or night janitorial staff for such extra work during the time period such staff is normally assigned to their other duties. Extra work shall be conducted by additional staff.
4. The Contractor shall make available to the City the time sheets and time cards of all personnel assigned to the Project for nightly, daily, or extra work. Such time sheets and time cards shall be provided by the Contractor to the City upon reasonable notice.
5. The Contractor shall maintain and show evidence of an adequate back-up labor force and supervisory staff to be able to assist immediately in case of flood, fire, natural or man-made disasters, or any other emergencies (pumps, lights, wetvacs, etc.) shall be provided by Contractor for use by its personnel.
6. Contractor must submit a list of at least three emergency telephone numbers of management-level supervisory personnel, other than the local branch office number of answering service, who are authorized to dispatch back-up working crews in the event of a request of the owner for such services. The Contractor shall update these emergency telephone numbers, as required by the City, throughout the term of the contract.
G. UNIFORMS, EQUIPMENT, AND SUPPLIES
1. Contractor shall furnish proper cleaning materials, implements, machinery, supplies, and uniforms for the satisfactory performance of all services.
2. Contractor shall provide all necessary warning/caution signs required in the course of janitorial duties.
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3. All cleaning products shall be user-friendly and non-hazardous to the public or staff (provide MSDS sheets). City staff shall approve all cleaning products before use begins.
4. Contractor shall furnish all labor, materials, safety and cleaning supplies, cleaning chemicals, sanitary gloves, Personal Protective Equipment (PPE), commercial equipment and incidentals necessary to perform all aforementioned work meeting CalOSHA and Federal OSHA Standards and Underwriters Lab (UL) Standards.
5. Contractor’s equipment (floor vacuum, backpack vacuum, etc.) shall be new or in excellent operating condition and working order (commercial type) for its intended function.
6. Contractor shall furnish consumable items such as toilet paper, paper towels, liquid hand soap for dispenser units, toilet seat covers, waste container liners, and sanitary napkins and provide all paper and plastic products used in restroom and break room areas. Contractor shall follow the City’s guidelines and procedures for the purchase of all paper products as directed in the City’s Organic Waste Procurement Policy (see Appendix V).
H. DAY PORTER SCOPE OF WORK FOR THE COMMUNITY CENTER
The scope of work listed below shall apply to the following areas (map included in Appendix I):
Heritage Room and Stage, OC Tech Library, Gymnasium, Physical Activity Room, Main Kitchen, 1st Floor Hallways and Lobby areas, 2nd Floor Hallways, Classrooms, Classroom Kitchen, all Stairways, all Bathrooms, 3rd Floor Tower Room, Courtyard, Patios, Loading Dock and Trash Enclosure, Front Parking Lot, and Rear Parking Lot.
1. DAILY SERVICE
a. Inspect and maintain the areas listed above.
b. Inspect and maintain elevator cabs. If carpeted, elevators are to be vacuumed. Polish elevator thresholds and handrails with a polishing crème or compound such as Brite Boy or Never Dull, not to be used on coated metal. Sweep and mop elevator floors if tiled. Wipe down walls in elevators. c. Clean, sanitize all drinking fountains.
d. Dust and remove debris from all metal door thresholds. e. Clean all service stairwells and spot clean walls.
f. Inspect all bathrooms a minimum of twice per day, mornings and afternoons. Check and fill toilet tissue, seat covers, and towel dispensers. g. Keep doors and elevator thresholds clean and free of debris. h. Keep entrance glass doors and frames in a clean condition. i. Inspect exterior grounds listed above.
j. Sweep and pick up trash in areas listed above.
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k. Sweep and dry mop Gymnasium and Physical Activity Room wood floors. l. Maintain stairs and handrails (interior and exterior of building). m. Inspect all trash, organic waste, and recycling containers in areas listed above, empty if needed, and replace liners. Place all discarded material into the appropriate hauler container for hauler pickup (i.e. trash, organic waste, and recycling hauler containers).
n. Keep trash enclosures clean.
o. Maintain the gutters.
p. Interior and exterior of buildings should be maintained, kept clean and free of dust, debris, cobwebs, and bird droppings. All public telephones, signage, pillars, displays, monument signs, water fountains, bollards, lighting fixtures, fire extinguishers and fire structures to be kept clean. q. Inspect and clean main Kitchen on 1st floor, behind Heritage Room. r. Attend to emergency situations such as: toilet overflows, spills, building water leaks due to rain, etc., always put up cones when in the restrooms, or any other area at the facility, and display “Wet Floor” signs after mopping or cleaning something that has made the floor wet.
s. Remove trash from basketball court and physical activity room. t. Remove litter and leaf debris from interior and exterior of building floor and grounds with special emphasis at all entrances to building. u. Keep restroom, break room, and locker room dispensers filled with soap, paper towels, toilet paper, toilet seat covers, and feminine supplies. v. Restock all restrooms with supplies including paper towels, toilet tissue, seat covers, and hand soap, as required. Refill feminine accessories machine as needed.
w. Wash and polish all mirrors, dispensers, faucets, flushometers, and bright work with non-scratch disinfectant cleaners.
x. Wash and sanitize all toilets, toilet seats, urinals, and sinks with non-scratch disinfectant cleaner. Wipe dry all sinks.
y. Remove stains, descale toilets, urinals, and sinks as required. z. Sweep and mop all restrooms floors with disinfectant germicidal solution. aa.Empty all waste and sanitary napkin and tampon receptacles. bb.Remove all restroom trash from building. Insert new liners as required. cc. Spot-clean fingerprints, marks, and graffiti from walls, partitions, glass, aluminum, and light switches as required.
dd.Dust all low-reach and high-reach areas, including but not limited to structural ledges, mirror tops, partition tops and edges, air conditioning diffusers, and return air grills.
ee.Clean and remove all “scuff” marks, graffiti, grime, dirt, and other debris from interior and exterior doors, glass, mirrors, walls, molding, partitions, kick plates, and countertops. If graffiti is found, first contact the City Liaison to inspect and photograph graffiti before it is removed.
2. WEEKLY SERVICE
a. Dust inside of all doorjambs and wipe clean.
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b. Clean and polish all metal door thresholds.
c. Wipe clean and polish all bright work.
d. Attend to/clean basketball court and physical activity room floors. remove trash daily.
I. NIGHT-TIME JANITORIAL CREW SCOPE OF WORK FOR THE COMMUNITY CENTER:
The scope of work listed below shall apply to the following areas (map included in Appendix I):
Heritage Room and Stage, OC Tech Library, Gymnasium, Physical Activity Room, Main Kitchen, 1st Floor Hallways and Lobby areas, 2nd Floor Hallways, Classrooms, Classroom Kitchen, Art Room, all Stairways, all Bathrooms, 3rd Floor Tower Room, Patios, All Office Areas including the Community Services Director’s office on first floor.
1. DAILY SERVICE
a. Empty and clean all trash wastebaskets and receptacles, recycle material receptacles, and organic waste receptacles. Do not mix trash, organic waste, and recyclables. Insert liners as required.
b. Remove and deposit all trash and boxes, recycle material, organics material, etc. into designated bins within the trash enclosures. c. Clean, dust, sanitize, and polish all countertop and cabinet tops and faces, photo copiers, conference tables, portable tables, stairway handrails, door handles and push bars, elevator handrails and push buttons. d. Clean, disinfect, sanitize, and polish all drinking fountains. Use appropriate cleaner to remove and control mineral and alkaline build up (dry mop hard flooring under drinking fountain where necessary). Clean with appropriate stainless-steel cleaner.
e. Vacuum all carpeted areas including offices, meeting rooms, and hallways, with special emphasis on entrances and traffic areas and spot clean as needed.
f. Spot clean all windows (inside and out) within a seven-foot (7’) reach using an appropriate cleaner, as needed.
g. Remove all fingerprints, dirt, smudges, graffiti, etc., from all doorframes, glass, and light switches.
h. Clean and dust all (interior and exterior of buildings) windowsills, ledges, doors, frames, and adjacent glass works within a seven-foot (7’) reach using an appropriate cleaner.
i. Sweep and damp mop all slate, tile, and hard-surface flooring throughout building, lobby, and front entrance with disinfectant/sanitizer. j. Completely clean, disinfect, and sanitize the inside of all restrooms, janitorial closets, wellness, break rooms, and locker rooms. This shall include but is not limited to: walls, floors, stall dividers, toilets, urinals, sinks, counter tops, dispenser equipment, faucets, sink/toilet/urinal/stall hardware,
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waste basket and stainless-steel fixtures, mirrors, counter tops, cabinets, electrical appliance handles, door handles, refrigerator doors and handles, table tops, chairs, shelving, vending machines, and baby changing tables.
Appropriate cleansers shall be used. Note: the same cleaning cloth used to sanitize toilet/urinal fixtures shall not also be used to sanitize sinks, faucets, or counter tops. Clean “wipe-up” cloths are mandatory.
k. Polish all chrome and stainless-steel hardware found in or on restrooms, closets, break rooms, and interior and exterior doors.
l. Remove, clean, and sanitize splash marks and deposits from walls and counters around sinks, toilets, and urinals.
m. Remove all paper tissue, trash, and debris from all walls, floors, ceilings, counters, and fixtures from restrooms, breakrooms, and locker rooms. n. Clean and remove all “scuff” marks, graffiti, grime, dirt, and other debris from interior and exterior doors, glass, mirrors, walls, molding, partitions, kick plates, and countertops. If graffiti is found, first contact the City Liaison to inspect and photograph graffiti before it is removed. o. Completely clean, disinfect, and sanitize all restroom, janitorial closet, locker room, and break room floors by wet mopping with appropriate cleaner. Scrub floors and grout where necessary. Special attention shall be made to corners, wall-to-floor transitions, leg-to-stall partition connections, and the base of toilets and under urinals. Remove build-up on caulking and grout. Clean water, towels, and disinfectant shall be used in each room to be cleaned.
p. Clean janitor’s closet. Maintain closet in an organized and orderly fashion. q. Spot clean and/or extract all carpet areas to remove all stains, spills, etc. using an approved cleaner.
r. Dust and clean light fixtures, conference tables, and tops of overhead storage cabinets in offices, conference rooms, and meeting rooms. s. Sweep and vacuum Heritage Room stage.
t. Contractor will provide after-hour set-ups in multiple rooms of the Laguna Hills Community Center as directed and requested by City staff. Set-ups include arranging chairs and tables, and equipment per scheduled nightly request. City staff will prepare set-up sheets with diagrams and other pertinent information. Set-ups include arranging chairs, tables, and equipment.
u. Properly align office furniture, returning chairs and wastebaskets to proper positions.
v. A minimum number of lights are to be left on during cleaning operations.
2. WEEKLY SERVICE
a. Clean all stainless-steel panels and fixtures located on walls, doors, elevators with appropriate stainless-steel cleaner.
b. Dust all low-reach areas, including but not limited to chair rungs, structural and furniture ledges, baseboards, window sills, door louvers, wood paneling, molding, etc.
c. Clean all service stairwells.
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d. Edge all carpeted areas as needed.
e. Move all plastic carpet protectors and thoroughly vacuum under and around all desks and office furniture as needed.
f. Clean and polish all stainless-steal appliances, faucets, sinks, in the Heritage Room Kitchen.
g. Dust all hard furniture (exposed/unobstructed only), such as shelves, ledges, and bookcases. Excluding desks unless specifically requested & all papers are removed.
h. Wipe down all tile walls and metal partitions. Partitions shall be left in an unstreaked condition after this work. i. Machine wash and polish the Gymnasium Floor. City will provide scrubber machine.
3. MONTHLY SERVICES
a. Dust all high-reach areas (if extension permits – no ladders to be used), including but not limited to tops of door frames, structural and furniture ledges, air conditioning diffusers and return grills, tops of partitions, picture frames, etc.
b. Vacuum upholstered furniture as requested.
c. Oil and clean all wooden desks, handles, etc. upon request only and with product approved by client.
d. Shampoo carpet in all common areas (lobbies, hallways, elevator cabs). e. Dust in place all picture frames, charts, graphs and similar wall hangings. f. Dust all vinyl baseboards.
g. Machine strip restroom floors and apply finish/sealer, if applicable. Wash all partitions including Heritage Room partitions, tile walls and enamel surfaces. Vacuum all louvers, vents and dust light fixtures. h. Vacuum stage curtains.
4. QUARTERLY SERVICES
a. Dust all vertical surfaces such as walls, partitions, doors, and other surfaces not reached in nightly cleaning.
b. Dust exterior of lighting fixtures as needed, reachable with a handheld extension.
c. Dust all air conditioning louvers, grills, etc., cleaning reachable with a handheld extension.
d. Strip and seal all common area VCT flooring, as applicable (Classroom, Art Room, Classroom Kitchen).
e. Shampoo/extract and clean carpet areas throughout premises.
Care shall be exercised so that baseboards, walls, and furniture shall not be splashed, marred, disfigured, of damaged during these or any other scheduled operations.
Janitor closets, equipment, and materials shall be kept in a neat, clean, and orderly condition at all times.
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J. EMERGENCY NUMBERS
The Company/Contractor shall furnish the City with toll-free emergency telephone numbers which can be called 24 hours a day during emergency conditions. The Contractor shall make available personnel to respond to calls to alleviate emergency situations should they arise. Personnel shall be at the site of the emergency and shall initiate remedial action within two (2) hours from time of notification of emergency situations. An answering service is not adequate for emergency calls.
K. REPORTS AND SCHEDULES
The Contractor, as part of the Agreement, shall submit reports and schedules as requested. Failure to submit reports and schedules in a timely manner may result in a delay of monthly payments or a performance deficiency deduction. Such reports must be detailed and thorough and may include, but not be limited to, the following:
a. Suggestions for improving problem areas.
b. Monthly Janitorial Maintenance Schedule Form(s).
c. Restroom cleaning logs.
d. Reports of work planned in the next 30-day period.
e. Any proposals in response to City issued Task Orders or information requests.
f. The following forms are to be filled out by the Day Porter and the Night Porter and turned in on the first working day of each month. • Supplies Reports;
• Accident Reports; and
• Incident Reports.
L. SCHEDULING OF OPERATIONS/HOLIDAYS
The Contractor shall perform its work at such time as to minimize disturbance or interference for meetings, activities, and events. Examples of such disturbances include vacuum cleaning hallways adjacent to the Heritage Room when events are being held in the Heritage Room, etc. Upon request by the City Liaison, the Contractor shall submit a Maintenance Schedule Chart describing when work will be accomplished. The schedule shall be subject to approval and change by the City and, if requested, shall be updated every six months.
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The Contractor shall be able to provide Janitorial Maintenance Services up to a seven day per week, 365 day per year, basis for the work as specified herein.
The Community Center building will be closed on the following Holidays. The Contractor will not be expected to provide routine janitorial services on these Holidays, except for City Special Event services which may occur on any day of the week or Holiday.
• New Year’s Day
• Birthday of Martin Luther King, Jr.
• Presidents Day
• Memorial Day
• Independence Day
• Labor Day
• Veterans Day
• Thanksgiving Day
• Day after Thanksgiving
• Christmas Eve (when Christmas Eve falls on a regularly scheduled work day)
• Christmas Day
The City may hold City Special Events on some of these Holidays, therefore, City Special Event janitorial maintenance service will be required as specified under “City Special Events” below.
M. CITY SPECIAL EVENTS
As part of the Base Bid, the Contractor shall provide City Special Event janitorial services before, during, and immediately following the Special Events listed below which are held at the entire 18-acre Laguna Hills Community Center and Sports Complex facility (including the Picnic Shelter restrooms, soccer field, baseball field, softball field, Town Green, picnic shelters, patios, courtyards, front and back parking lots, soccer field parking lot, and Community Center building), regardless of the day of the week or Holiday the City Special Event occurs.
The City Special Event janitorial services shall include two (2) dedicated personnel for general cleaning, litter and debris removal, set-up and tear-down of chairs, tables and pop-up canopy tents, emptying of waste receptacles, and restoring setup of rooms in a configuration as it was prior to the event as requested, cleaning of all restroom facilities, and restocking of restroom facility supplies throughout the entire 18-acre Laguna Hills Community Center and Sports Complex facility. The cleaning standards expected for these City Special Event janitorial services shall follow any applicable standards enumerated for the Day Porter Scope of Work within these Specifications. These Special Events may require staffing from the Contractor for up to 12 hours per event.
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SPECIAL EVENTS ANNUAL NO. OF OCCURRENCES
Memorial Day – Half Marathon 1
4th of July/Independence Day 1
Heritage Day - as scheduled 1
Other designated City Events - as scheduled 4
N. SUPERVISION AND SPECIAL SKILLS
The Contractor shall assign a supervisor, which the City Liaison may contact regarding issues with the Contract or assigned personnel to the Contract.
Supervisors shall have a minimum of two (2) years’ experience in janitorial maintenance supervision. Supervisor shall be capable of communicating effectively both in written and spoken English and background must include experience in janitorial work.
The Supervisor or any member of staff determined by the City Liaison not effectively meeting or exceeding the aforementioned requirements are to be replaced immediately upon request.
O. PROTECTION OF PROPERTY AND PERFORMANCE DURING INCLEMENT
WEATHER
a. During periods of storms, the Contractor shall provide inspection of the Project during regular hours to identify and address possible damage from inclement weather. The Contractor shall submit a report identifying any storm damage to the City’s Liaison attached to a site map identifying location of damage.
b. During periods of rainfall, the Contractor shall be vigilant in monitoring wet floors, setting up “Wet Floor” signs, and mopping up any standing water to prevent slip and fall injuries.
P. PROTECTION OF EXISTING FACILITIES
The Contractor shall exercise due care in protecting all facilities, including finishes, from damage.
Q. CONTRACTOR NEGLECT
Any damage, which has been determined by the City to be due to the Contractor’s neglect or actions, shall be corrected by the Contractor at no additional cost to the City.
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R. SAFETY
Contractor shall be solely responsible for providing a safe work place, and compliance with current standards and regulations of the Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), and any other applicable governmental law.
S. EQUIPMENT
The Contractor shall take all necessary precautions for safe operation of its equipment and the protection of the public from injury and damage from such equipment. All equipment deemed by the City Liaison to be in disrepair or unsatisfactory, shall be repaired or replaced immediately.
T. NOISE CONTROL REQUIREMENTS
The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the Contract. It is the responsibility of the Contractor to become familiar with all local sound control and noise level rules, regulations, and ordinances. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the Project without said muffler.
U. WATER QUALITY AND CONSERVATION
Contractor shall be familiar with and comply with all provisions of the National Pollution Discharge Elimination System as implemented by City and via permits issued by the Santa Ana or San Diego Regional Water Quality Control Boards.
Contractor shall comply with Best Management Practices (see Appendix IV).
Contractor shall be familiar with and comply with all water conservation requirements of the Moulton Niguel Water District and El Toro Water District.
Contractor shall be responsible for the payment of any fines levied upon the City for failure to comply with these requirements including but not limited to discharge of wastewater improperly due to cleaning operations.
V. PERFORMANCE DEFICIENCY DEDUCTION
All compensation is subject to the monthly deduction of funds as solely determined by the City in accordance with the Janitorial Maintenance Services Performance Deficiency Deduction form and rates (see Appendix III). In addition to the deficiency deduction, Contractor shall immediately address the issue noted as being deficient and shall put in place steps to avoid the circumstance from reoccurring again.
APPENDIX I
JANITORIAL MAINTENANCE AREAS /
FACILITY MAP
APPENDIX II
DRAFT JANITORIAL MAINTENANCE
SERVICE AGREEMENT
***SAMPLE DRAFT CONTRACT – SUBJECT TO CHANGE ON FINAL *** 1 1827071.1
JANITORIAL MAINTENANCE SERVICES AGREEMENT
(Laguna Hills Community Center)
THIS JANITORIAL MAINTENANCE SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this __ day of _______ 2024, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California (hereinafter referred to as “City”), and ______________, a California corporation (hereinafter referred to as “Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has determined that there is a need to retain the services of a qualified and experienced company capable of performing janitorial maintenance services for the Laguna Hills Community Center, including, but not limited to, inspection and cleaning of tables, chairs, floors, walls, doors, mirrors, ledges, partitions and ceilings, disinfection of restrooms, basins, urinals, toilet bowls and fixtures, picking up trash and debris, emptying trash, organic waste, and recycling materials receptacles, cleaning trash enclosure area, purchasing and restocking all paper products and all cleaning products, emptying, cleaning and refilling all dispensers, mopping, scrubbing and disinfecting floors, stripping and re-waxing floors, polishing all chrome and metal fixtures, cleaning and polishing all doors, dusting all ledges and partitions, spot cleaning all floors, partitions, walls, ceilings, and exhaust fans, cleaning and disinfecting drinking fountains, flushing drains, removing stickers and graffiti, cleaning vents and light fixtures, washing down walls, on a regular ongoing, as well as on-call, as-needed basis (the “Project”).
B. In response to City's Notice Inviting Bids and Specifications for Janitorial Maintenance Services for the Laguna Hills Community Center, dated April 29, 2024, Contractor has submitted to City a formal written proposal, dated __________, 2024, to provide full-service janitorial maintenance services to City for the Project pursuant to the terms and conditions of this Agreement and in accordance with the General Provisions, Special Provisions, and Specifications set forth in the City's Notice Inviting Bids and Specifications for Janitorial Maintenance Services for the Laguna Hills Community Center.
C. Contractor represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, labor and equipment, and expertise to provide the requested janitorial maintenance services and has agreed to provide such services to City for the Project as provided herein. City does not have the personnel, specialized equipment, or technical expertise able to perform the work and services contracted for herein.
D. City now desires to retain Contractor to provide such work and services for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
***SAMPLE DRAFT CONTRACT – SUBJECT TO CHANGE ON FINAL *** 2 1827071.1
AGREEMENT
1. MAINTENANCE SERVICES
1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Contractor promises and agrees to provide, furnish, and perform janitorial maintenance services to City for the Project as set forth in Contractor’s Proposal/Scope of Work, dated ____________, 2024, in accordance with the General Provisions, Special Provisions, and Specifications set forth in the City's Notice Inviting Bids and Specifications for Janitorial Maintenance Services for the Laguna Hills Community Center, dated April 29, 2024, which are each attached hereto as Exhibit “A” and Exhibit “B”, respectively, and are incorporated herein by reference (hereinafter referred to as the “Services” or “Work”). As a material inducement to the City entering into this Agreement, Contractor acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills, equipment, labor, and abilities and that, consistent with this understanding, Contractor’s Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such service and work and with the standards recognized as being employed by contractors in the same discipline in the State of California. Contractor represents and warrants that it is skilled in the discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement.
Contractor represents and warrants that it and all of its employees and subcontractors providing services under this Agreement shall have sufficient skill and experience to perform the Services and Work assigned to them. All Services and Work shall be completed to the reasonable satisfaction of the City.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the City’s Notice Inviting Bids and Specifications for Janitorial Maintenance Services for the Laguna Hills Community Center, dated April 29, 2024, and, (3) the Contractor’s signed, original Proposal/Scope of Work dated __________, 2024 (“Contractor’s Proposal”), including the Contractor’s Schedule of Performance and Schedule of Compensation/Fees/Rates and Unit Prices, submitted to City in response to City's Notice Inviting Bids and Specifications for the Project, which shall all be referred to collectively hereinafter as the “Contract Documents.” The Contractor’s Proposal and the City’s Notice Inviting Bids and Specifications for the Project, which are attached hereto as Exhibit “A” and Exhibit “B,” respectively, are hereby incorporated by reference and are made part of this Agreement. All provisions of this Agreement, the Contractor’s Proposal, and the City’s Notice Inviting Bids and Specifications for the Project, shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; (2nd) the terms, conditions, requirements, and provisions of the City’s Notice Inviting Bids and Specifications for the Project (Exhibit “B”); and (3rd) the provisions of the Contractor’s Proposal (Exhibit “A”).
1.3 Compliance with Law. Contractor shall comply at all times during the term of this Agreement with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards and Cal/OSHA regulations and requirements. Contractor shall keep itself fully
***SAMPLE DRAFT CONTRACT – SUBJECT TO CHANGE ON FINAL *** 3 1827071.1
informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of the Work and Services, including all Cal/OSHA regulations and requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with performing the Work and Services. If Contractor performs any Work or Services in violation of such laws, rules, and regulations, Contractor shall be solely responsible for all penalties and costs arising therefrom. Contractor shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.
1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder, Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its trade and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and Services required by this Agreement, and Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to obtain such licenses, permits, and approvals of whatever nature that are legally required to perform the Work or Services.
1.5 Familiarity with Work. By executing this Agreement, Contractor represents and warrants that it (a) has thoroughly investigated and considered the Scope of Work or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor represents and maintains that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Contractor discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City.
1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
***SAMPLE DRAFT CONTRACT – SUBJECT TO CHANGE ON FINAL *** 4 1827071.1
1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in either Contractor’s Proposal/Scope of Work (Exhibit “A”) or in City's Notice Inviting Bids and Specifications for Janitorial Maintenance Services (Exhibit "B"), or to make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Contractor, incorporating therein any adjustment in the Maximum Annual Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Contractor. It is expressly understood by Contractor that the provisions of this section shall not apply to the Work and Services specifically set forth in the Contractor’s Proposal/Scope of Work or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Services identified in the Contractor’s Proposal/Scope of Work exceeds any time or material amounts or estimates provided therein.
1.9 Prevailing Wages.
1.9.1 Prevailing Wage Laws. The City has determined that the Work and Services under this Agreement requires work of labor categories which are subject to Prevailing Wage Laws identified in the State of California Labor Code. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
1.9.2 Labor Code/DIR Compliance. Contractor understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:
(A) This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agree to be bound by all the provisions thereof as though set forth in full herein.
(B) Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement. (C) Contractor agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and
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the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.qov/OPRUDPreWaqeDetermination.htm), are on file with City, and are available to any interested party upon request. A copy of said rates shall be posted at each job site during the Term of this Agreement.
(D) Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Contractor shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2). (E) Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. (F) Contractor shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. (G) Eight (8) hours of labor shall constitute a legal day’s work for all workmen employed in the execution of this Agreement, and the Contractor and any subcontractor shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. Contractor shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. (See, e.g., Cal. Labor Code §1815.)
(H) Pursuant to California Labor Code Sections 1860 and 3700, Contractor will be required to secure the payment of compensation to its employees. By signing this Agreement, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
(I) Pursuant to California Labor Code Section 1771.1, Contractor and any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract
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for public work on a public works project unless registered with the DIR and qualified to perform public work pursuant to California Labor Code Section 1725.2. It is not a violation of California Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by California Business and Professions Code Section 7029.1 or by California Public Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor shall not perform any work under this Agreement with any subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
1.10 Water Quality Management and Compliance.
1.10.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during performance of the Services or Work. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its bid or proposal accordingly, and assumes any and all risks and liabilities associated with and arising therefrom.
1.10.2 Compliance with Water Quality Laws, Ordinances, and Regulations.
Contractor shall keep itself and any subcontractors, staff, agents, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by, the performance of the Services or Work, including, without limitation, all applicable provisions of: the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal. Water Code § 1300 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local or state agency having jurisdiction over the location where the Services or Work are to be performed, conducted, or provided, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.
1.10.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances, and regulations listed in subsection 1.10.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of Laguna Hills Local Implementation Plan (“LIP”), and the applicable Water Quality Management Plan (“WQMP”). Such documents contain the Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dryweather urban runoff, storm water runoff, and receiving water quality. Contractor hereby acknowledges and agrees to be familiar with the DAMP, the LIP, and the WQMP, and agrees to comply with the requirements specified therein.
1.10.4 Standard of Care. Contractor represents and warrants that all employees and subcontractors performing any Services or Work hereunder shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies described in Sections 1.10.2 and 1.10.3 of this Agreement. Contractor further represents and warrants that it, its employees and subcontractors will receive appropriate training regarding the requirements of the laws, regulations, and policies described in subsections
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1.10.2 and 1.10.3 of this Agreement as they may relate to the Services.
1.10.5 Liability for Water Quality Non-Compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in subsections 1.10.2 and 1.10.3 of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its elected and appointed officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its elected and appointed officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in subsections 1.10.2 and 1.10.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole negligence, willful misconduct or active negligence of the City, its elected and appointed officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Contractor for delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations, and policies described in subsections 1.10.2 and 1.10.3 of this Agreement, or any other relevant water quality law, regulation, or policy.
1.11 Intentionally omitted.
1.12 Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Contractor further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
1.13 Unauthorized Aliens. Contractor hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of any Work and/or Services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City.
2. COMPENSATION
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2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation/Fees/Rates and Unit Prices set forth in Contractor’s Proposal/Scope of Work, but not exceeding the total maximum annual contract amount of _____________________Dollars ($___________) (hereinafter referred to as the "Maximum Annual Contract Amount"), except as may be provided pursuant to Section 1.8 above and Section 2.4 below. Compensation shall be payable according to the fees and at the rates, charges and unit prices set forth in Exhibit “A” attached hereto. The Maximum Annual Contract Amount shall include the attendance of Contractor at all Project meetings deemed reasonably necessary by the City. Contractor shall not be entitled to any increase in the Maximum Annual Contract Amount for attending these meetings. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.
2.2. Method of Payment. Unless some other method of payment is specified in the Contractor’s Proposal/Scope of Work (Exhibit “A”), in any month in which Contractor wishes to receive payment, no later than the 10th working day of such month, Contractor shall submit to the City, in a form approved by the City’s Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the Work or Services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical.
2.3 Optional CPI Adjustment. The fees, rates and/or unit prices set forth in Contractor’s Proposal/Scope of Work (Exhibit "A") shall remain fixed and unchanged for the first two (2) years of the term of this Agreement (i.e., from ________, 2024, through _________, 2026).
Thereafter, Contractor may submit a request to adjust its fees, rates and/or unit prices once per year during the remainder of the term of the Agreement as provided for herein. However, approval of any request to adjust fees, rates and/or unit prices shall be made at the sole discretion of the City Manager, in writing, and is subject to the City's approved budget. Such fee, rate, and/or unit price adjustment(s), if any, shall not exceed the value of the change of the Consumer Price Index for the Los Angeles/Orange County area for the preceding one year as published for the month of April of any given year. In no event shall any adjustment of any fee, rate or unit price exceed five percent (5%) per year regardless of CPI or any other cost factors.
2.4 Changes in Scope. In the event any change or changes in the Scope of Work or Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional fees for services. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional work or services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
2.5 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Laguna Hills City Council for each fiscal year covered by the term of
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this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance set forth in Contractor's Proposal/Scope of Work (Exhibit “A”).
3.2 Schedule of Performance. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services or Work within the time period(s) established in the Schedule of Performance set forth in Contractor's Proposal (Exhibit “A”). When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.
3.3 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for a period of five (5) years, commencing on July 1, 2024 and ending on June 30, 2029 (“Initial Term”). The City shall have the unilateral option, at its sole discretion, to renew and extend the term of this Agreement for no more than one additional three (3) year term (“Renewal Option”) under the same terms and conditions.
3.4 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Contractor, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this section.
3.5 Intentionally omitted.
4. COORDINATION OF WORK
4.1 Representative of Contractor. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the Services to be performed under this Agreement and to make all decisions in connection
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therewith: ________________, President & Secretary. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Work or Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Contractor’s responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required without prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability hereunder without the express written consent of City.
4.4 Independent Contractor.
4.4.1. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Contractor a City employee. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents and volunteers shall have control over the conduct of
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Contractor or any of its officers, employees, or agents, except as set forth in this Agreement.
Contractor, its officers, employees, or agents shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor’s officers, employees, representatives or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.
4.4.2. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
4.4.3. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with the performance of any Work or Services under this Agreement. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing any services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Contractor’s officers, employees, representatives, subcontractors, or agents, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.
4.5 PERS Eligibility Indemnification.
4.5.1 In the event that Contractor or any employee, agent, or subcontractor of Contractor providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
4.5.2 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing any Work or Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
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5. INSURANCE
5.1 Compliance with Insurance Requirements. Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor’s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
5.2.1 Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) in the general aggregate, and one million dollars ($1,000,000.00) for products and completed operations. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
5.2.2 Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.
5.2.3 Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide,
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except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5.4 Insurance Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
5.4.1 The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
(A) Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
(B) Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Contractor, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
(C) Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Consultant’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.
5.4.2 For all policies of Commercial General Liability Insurance, Contractor shall provide endorsements for ongoing operations and completed operations to effectuate this requirement.
5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
5.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or
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volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
5.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
5.8 Evidence of Coverage. Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Contractor shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage.
5.9 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
5.10 Enforcement of Agreement (Non-Estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any non-compliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.
5.11 Insurance for Subconsultants. Contractor shall either: (1) include all subconsultants or subcontractors engaged in any Work or Services for Contractor relating to this Agreement as additional named insureds under the Contractor’s insurance policies; or (2) Contractor shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Contractor’s subconsultants or subcontractors performing any Work or Services related to this Agreement shall be endorsed to name the City, its officials, officers,
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employees, agents and volunteers, as additional insureds. Contractor shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.
5.12 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Contractor pursuant to this Agreement:
5.12.1 Contractor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.
5.12.2 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
5.12.3 None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
5.12.4 Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
5.12.5 Contractor agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.
5.12.6 Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the Work or Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.
6. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify, protect, and hold harmless City, its elected and appointed officials, officers, employees, agents and volunteers
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(collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to Contractor’s performance under this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless, and indemnify the City, its elected and appointed officials, officers, employees, agents, and volunteers, shall not apply to such claims or liabilities arising from the sole or active negligence or willful misconduct of City.
7. REPORTS AND RECORDS
7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subconsultants, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. Contractor shall ensure that all of its subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
7.4 Release of Documents. All drawings, specifications, reports, records, documents,
***SAMPLE DRAFT CONTRACT – SUBJECT TO CHANGE ON FINAL *** 17 1827071.1
and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City’s prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Contractor thirty (30) days written notice. Upon such notice, City shall pay Contractor for Services performed through the date of termination. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination.
8.4 Default of Contractor.
8.4.1. Contractor’s failure to comply with any provision of this Agreement shall constitute a default.
8.4.2. If the City Manager, or the City Manager’s designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement,
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he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance.
In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.3.
8.4.3. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor’s liability for completion of the Services as provided herein.
8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.
8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.8 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of
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the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Contractor represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin.
Such actions shall include, but not be limited to, the following: 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.
10. MISCELLANEOUS PROVISIONS
10.1 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:
To City: City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600
Facsimile: (949) 707-2633
To Contractor : Company Name
Attention:
***SAMPLE DRAFT CONTRACT – SUBJECT TO CHANGE ON FINAL *** 20 1827071.1
Address
Telephone:
Facsimile:
10.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.3 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.4 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.5 Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.
10.6 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.7. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he/she is signing is bound.
10.8 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“CITY”
CITY OF LAGUNA HILLS,
a California municipal corporation
,
Mayor
ATTEST:
JENNIFER LEE,
City Clerk
APPROVED AS TO FORM:
GREGORY E. SIMONIAN,
City Attorney
“CONTRACTOR”
, INC., a California corporation
By:
,
President & Secretary
***SAMPLE DRAFT CONTRACT – SUBJECT TO CHANGE ON FINAL *** 22 1827071.1
EXHIBIT “A”
CONTRACTOR'S PROPOSAL/ SCOPE OF WORK
DATED:
SCOPE OF SERVICES FOR PROJECT
(INCLUSIVE OF ALTERNATE BID 1)
INCLUDING,
SCHEDULE OF PERFORMANCE
AND
SCHEDULE OF COMPENSATION/ FEES/ RATES/ UNIT PRICES,
***SAMPLE DRAFT CONTRACT – SUBJECT TO CHANGE ON FINAL *** 23 1827071.1
EXHIBIT “B”
CITY OF LAGUNA HILLS
NOTICE INVITING BIDS AND SPECIFICATIONS
FOR
JANITORIAL MAINTENANCE SERVICES
FOR THE LAGUNA HILLS COMMUNITY CENTER
DATED:
APPENDIX III
JANITORIAL MAINTENANCE SERVICES
PERFORMANCE WARNING
JANITORIAL MAINTENANCE SERVICES
PERFORMANCE WARNING/DEFICIENCY DEDUCTION
Notification to:
Date: Time: Method:
The following performance deficiency(ies) has been observed and requires immediate attention to correct:
______________________________________________________________________ City Representative to check deficient items and comment (if applicable) below:
Failure to comply with minimum City defined manpower requirements.
Failure to provide adequate equipment per each work day.
Failure to provide services in conformance with the Specifications and Agreement.
Failure to lock facility.
Failure to utilize Best Management Practices.
_____ Failure to report maintenance or safety issues.
_____ Failure to provide required reports.
_____ Other:
Comments:
Issued by: City Liaison Received by: Contractor
Date:
Reviewed by: Community Services Director
APPENDIX IV
BEST MANAGEMENT PRACTICES
IC3. BUILDING MAINTENANCE
Best Management Practices (BMPs) MINIMUM BEST MANAGEMENT PRACTICES Pollution Prevention/Good Housekeeping
• Properly collect and dispose of water when pressure
washing buildings, rooftops, and other large objects.
• Properly prepare work area before conducting
building maintenance.
• Properly clean and dispose of equipment and
wastes used and generated during building
maintenance.
• Store toxic material under cover when not in use and
during precipitation events.
Stencil storm drains
Training
• Train employees on these BMPs, storm water
discharge prohibitions, and wastewater discharge
requirements.
• Provide on-going employee training in pollution
prevention.
A BMP is a technique, measure or structural control that is used for a given set of conditions to improve the quality of the stormwater runoff in a cost effective manner1. The
minimum required BMPs for this activity are outlined in the box to the right. Implementation of pollution
prevention/good housekeeping measures may reduce or
eliminate the need to implement other more costly or
complicated procedures. Proper employee training is key to the success of BMP implementation.
The BMPs outlined in this fact sheet target the following pollutants:
Targeted Constituents
Sediment x
Nutrients x
Floatable Materials
Metals x
Bacteria x
Oil & Grease
Organics & Toxicants
Pesticides
Oxygen Demanding
Provided below are specific procedures associated with each of the minimum BMPs along with procedures for additional BMPs that should be considered if this activity takes place at a facility located near a sensitive waterbody. In order to meet the requirements for medium and high priority facilities, the owners/operators must select, install and maintain appropriate BMPs on site. Since the selection of the appropriate BMPs is a site-specific process, the types and numbers of additional BMPs will vary for each facility.
1. Properly collect and dispose of water when pressure washing buildings, rooftops, and other large objects.
• If pressure washing where the surrounding area is paved, use a water collection device that enables collection of wash water and associated solids. Use a sump pump, wet vacuum or similarly effective device to collect the runoff and loose materials. Dispose of the collected runoff and solids properly. Refer to fact sheet IC24 Wastewater Disposal for guidance on appropriate methods for disposal of wash water to the sanitary sewer. • If pressure washing on a landscaped area (with or without soap), runoff must be dispersed as sheet flow as much as possible, rather than as a concentrated stream. The wash runoff must remain on the landscaping and not drain to pavement.
2. Properly prepare work area before conducting building maintenance. • Use ground or drop cloths underneath outdoor painting, scraping, and sandblasting work, and properly dispose of collected material daily.
• Use a ground cloth or oversized tub for activities such as paint mixing and tool cleaning.
1 EPA " Preliminary Data Summary of Urban Stormwater Best Management Practices” IC3 Building Maintenance 1
3. Properly clean and dispose of equipment and wastes used and generated during building maintenance.
• Clean paint brushes and tools covered with water-based paints in sinks connected to sanitary sewers or in portable containers that can be dumped into a sanitary sewer drain. Brushes and tools covered with non-water-based paints, finishes, or other materials must be cleaned in a manner that enables collection of used solvents (e.g., paint thinner, turpentine, etc.) for recycling or proper disposal.
• Properly dispose of wash water, sweepings, and sediments. • Properly store equipment, chemicals, and wastes.
• Do not dump any toxic substance or liquid waste on the pavement, the ground, or toward a storm drain.
OPTIONAL:
• Recycle residual paints, solvents, lumber, and other materials to the maximum extent practicable
4. Employ soil erosion and stabilization techniques when exposing large areas of soil. • Confine excavated materials to pervious surfaces away from storm drain inlets, sidewalks, pavement, and ditches. Material must be covered if rain is expected. • Use chemical stabilization or geosynthetics to stabilize bare ground surfaces.
5. Store toxic material under cover when not in use and during precipitation events.
6. Properly dispose of fluids from air conditioning, cooling tower, and condensate drains.
7. Regularly inspect air emission control equipment under AQMD permit.
8. Switch to non-toxic chemicals for maintenance when possible. • If cleaning agents are used, select biodegradable products whenever feasible • Consider using a waterless and non-toxic chemical cleaning method for graffiti removal (e.g. gels or spray compounds).
9. Use chemicals that can be recycled.
• Buy recycled products to the maximum extent practicable Training
1. Train employees on these BMPs, storm water discharge prohibitions, and wastewater discharge requirements.
2. Train employees on proper spill containment and cleanup. • Establish training that provides employees with the proper tools and knowledge to immediately begin cleaning up a spill.
• Ensure that employees are familiar with the site’s spill control plan and/or proper spill cleanup procedures.
• Fact sheet IC17 discusses Spill Prevention and Control in detail.
3. Establish a regular training schedule, train all new employees, and conduct annual refresher training.
4. Use a training log or similar method to document training.
Stencil storm drains
Storm drain system signs act as highly visible source controls that are typically stenciled directly adjacent to storm drain inlets. Stencils should read “No Dumping Drains to Ocean”.
IC3 Building Maintenance 2
References
California Storm Water Best Management Practice Handbook. Industrial and Commercial. 2003. www.cabmphandbooks.com
California Storm Water Best Management Practice Handbooks. Industrial/Commercial Best Management Practice Handbook. Prepared by Camp Dresser& McKee, Larry Walker Associates, Uribe and Associates, Resources Planning Associates for Stormwater Quality Task Force. March 1993.
King County Stormwater Pollution Control Manual. Best Management Practices for Businesses. King County Surface Water Management. July 1995. On-line: http://dnr.metrokc.gov/wlr/dss/spcm.htm Stormwater Management Manual for Western Washington. Volume IV Source Control BMPs. Prepared by Washington State Department of Ecology Water Quality Program. Publication No. 99-14. August 2001.
For additional information contact:
County of Orange/ OC Watersheds
Main: (714) 955-0600
24 hr Water Pollution Hotline: 1-877-89-SPILL
or visit our website at www.ocwatersheds.com
IC3 Building Maintenance 3
IC4. CARPET CLEANING
Best Management Practices (BMPs)
A BMP is a technique, measure or structural control that is used for a given set of conditions to improve the quality of the stormwater runoff in a cost effective manner1. The
minimum required BMPs for this activity are outlined in the box to the right. Implementation of pollution
prevention/good housekeeping measures may reduce or
eliminate the need to implement other more costly or
complicated procedures. Proper employee training is key to the success of BMP implementation.
MINIMUM BEST MANAGEMENT PRACTICES
Pollution Prevention/Good Housekeeping
• Discharge wash water to sink, toilet, or other drain
connected to the sanitary sewer system (Refer to
fact sheet IC24 Wastewater Disposal for
appropriate disposal methods to the sanitary sewer).
Stencil storm drains
Training
• Train employees on these BMPs, storm water
discharge prohibitions, and wastewater discharge
requirements.
• Provide on-going employee training in pollution
prevention.
The BMPs outlined in this fact sheet target the following pollutants:
Targeted Constituents
Sediment x
Nutrients
Floatable Materials
Metals
Bacteria
Oil & Grease
Organics & Toxicants x
Pesticides
Oxygen Demanding
Provided below are specific procedures associated with each of the minimum BMPs along with procedures for additional BMPs that should be considered if this activity takes place at a facility located near a sensitive waterbody. In order to meet the requirements for medium and high priority facilities, the owners/operators must select, install and maintain appropriate BMPs on site. Since the selection of the appropriate BMPs is a site-specific process, the types and numbers of additional BMPs will vary for each facility.
Discharge wash water to sink, toilet, or other drain connected to the sanitary sewer system. • Never discharge wash water to a street, gutter, parking lot, or storm drain. Either:
- empty the spent cleaning fluid tank into a utility sink or other indoor sewer connection at the service provider’s home base
or
- arrange with the customer to discharge into a toilet or utility sink on their premises. • Refer to fact sheet IC24 Wastewater Disposal for guidance on appropriate methods for disposal of wash water to the sanitary sewer..
• These guidelines apply even to cleaning products labeled “nontoxic” and “biodegradable.”
1 EPA " Preliminary Data Summary of Urban Stormwater Best Management Practices” IC4 Carpet Cleaning 1
Training
1. Train employees on these BMPs, storm water discharge prohibitions, and wastewater discharge requirements.
2. Train employees on proper spill containment and cleanup. • Establish training that provides employees with the proper tools and knowledge to immediately begin cleaning up a spill.
• Ensure that employees are familiar with the site’s spill control plan and/or proper spill cleanup procedures.
• BMP IC17 discusses Spill Prevention and Control in detail.
3. Establish a regular training schedule, train all new employees, and conduct annual refresher training.
4. Use a training log or similar method to document training.
Stencil storm drains
Storm drain system signs act as highly visible source controls that are typically stenciled directly adjacent to storm drain inlets. Stencils should read “No Dumping Drains to Ocean”.
References
California Storm Water Best Management Practice Handbook. Industrial and Commercial. 2003. www.cabmphandbooks.com
Water Quality Guidelines for Carpet Cleaning Activities. Orange County Stormwater Program. Prepared by Watershed & Coastal Resources Division. January 2002. On-line:
http://www.ocwatersheds.com/PublicEducation/pe_brochures_carpet.asp Orange County Stormwater Program. 2002. Water Quality Guidelines for Carpet Cleaning Activities.
March.
For additional information contact:
County of Orange/ OC Watersheds
Main: (714) 955-0600
24 hr Water Pollution Hotline: 1-877-89-SPILL
or visit our website at www.ocwatersheds.com
IC4 Carpet Cleaning 2
IC17. SPILL PREVENTION AND CLEANUP
Best Management Practices (BMPs)
MINIMUM BEST MANAGEMENT PRACTICES
Pollution Prevention/Good Housekeeping
• Develop procedures to prevent/mitigate spills to
storm drain systems.
• Post “No Dumping” signs with a phone number for
reporting illegal dumping and disposal.
• Conduct routine cleaning, inspections, and
maintenance.
• Properly store and handle chemical materials.
• Protect materials stored outside from stormwater
runon.
• Secure drums stored in an area where unauthorized
persons may gain access to prevent accidental
spillage, pilferage, or any unauthorized use.
• Identify key spill response personnel.
• Clean up leaks and spills immediately.
• Report and track spills.
Stencil storm drains
Training
• Train employees on these BMPs, storm water
discharge prohibitions, and wastewater discharge
requirements.
• Provide on-going employee training in pollution
prevention.
A BMP is a technique, measure or structural control that is used for a given set of conditions to improve the quality of the stormwater runoff in a cost effective manner1. The
minimum required BMPs for this activity are outlined in the box to the right. Implementation of pollution
prevention/good housekeeping measures may reduce or
eliminate the need to implement other more costly or
complicated procedures. Proper employee training is key to the success of BMP implementation.
The BMPs outlined in this fact sheet target the following pollutants:
Targeted Constituents
Sediment x
Nutrients x
Floatable Materials x
Metals x
Bacteria x
Oil & Grease x
Organics & Toxicants x
Pesticides x
Oxygen Demanding x
Provided below are specific procedures associated with
each of the minimum BMPs along with procedures for
additional BMPs that should be considered if this activity takes place at a facility located near a sensitive waterbody. In order to meet the requirements for medium and high priority facilities, the owners/operators must select, install and maintain appropriate BMPs on site. Since the selection of the appropriate BMPs is a site-specific process, the types and numbers of additional BMPs will vary for each facility.
Spill Prevention
1. Develop procedures to prevent/mitigate spills to storm drain systems.
Standardize reporting procedures, containment, storage, and disposal activities, documentation, and follow-up procedures.
2. Post “No Dumping” signs with a phone number for reporting illegal dumping and disposal.
3. Conduct routine cleaning, inspections, and maintenance • Sweep and clean storage areas consistently at a designated frequency (e.g. weekly, monthly).
DO NOT hose down areas to storm drains.
• Place drip pans or absorbent materials beneath all mounted taps, and at all potential drip and spill locations during filling and unloading of tanks. Reuse, recycle, or properly dispose of any collected liquids or soiled absorbent materials.
• Check tanks (and any containment sumps) frequently for leaks and spills. Replace tanks that are leaking, corroded, or otherwise deteriorating with tanks in good condition. Collect all spilled liquids and properly dispose of them.
1 EPA " Preliminary Data Summary of Urban Stormwater Best Management Practices” IC17 Spill Prevention and Control 1
• Check for external corrosion of material containers, structural failures, spills and overfills due to operator error, failure of piping system, etc.
• Inspect tank foundations, connections, coatings, and tank walls and piping system.
4. Properly store and handle chemical materials.
• Designate a secure material storage area that is paved with Portland cement concrete, free of cracks and gaps, and impervious in order to contain leaks and spills. • Do not store chemicals, drums, or bagged materials directly on the ground. Place these items in secondary containers.
• Keep chemicals in their original containers, if feasible. • Keep containers well labeled according to their contents (e.g., solvent, gasoline). • Label hazardous substances regarding the potential hazard (corrosive, radioactive, flammable, explosive, poisonous).
• Prominently display required labels on transported hazardous and toxic materials (per US DOT regulations).
5. Utilize secondary containment systems for liquid materials. • Surround storage tanks with a berm or other secondary containment system. • Slope the area inside the berm to a drain.
• Drain liquids to the sanitary sewer if available. DO NOT discharge wash water to sanitary sewer until contacting the local sewer authority to find out if pretreatment is required • Pass accumulated stormwater in petroleum storage areas through an oil/water separator. • Use catch basin filtration inserts.
6. Protect materials stored outside from stormwater runon. Construct a berm around the perimeter of the material storage area to prevent the runon of uncontaminated stormwater from adjacent areas as well as runoff of stormwater from the material.
7. Secure drums stored in an area where unauthorized persons may gain access to prevent accidental spillage, pilferage, or any unauthorized use.
Spill Control and Cleanup Activities
8. Identify key spill response personnel.
9. Adopt the Orange County Hazardous Materials Area Plan or an equivalent plan, which includes a set of planned responses to hazardous materials emergencies. The plan should include:
• Description of the facility, owner and address, activities and chemicals present • Facility map
• Notification and evacuation procedures
• Cleanup instructions
• Identification of responsible departments
10. Clean up leaks and spills immediately.
• Place a stockpile of spill cleanup materials where they will be readily accessible (e.g. near storage and maintenance areas).
• Utilize dry cleaning methods to clean up spills to minimize the use of water. Use a rag for small spills, a damp mop for general cleanup, and absorbent material for larger spills. If the spilled material is hazardous, then used cleanup materials are also hazardous and must be sent to a certified laundry (rags) or disposed of as hazardous waste. Physical methods for the cleanup of dry chemicals include the use brooms, shovels, sweepers, or plows. • Never hose down or bury dry material spills. Sweep up the material and dispose of properly. • Clean up chemical materials with absorbents, gels, and foams. Use adsorbent materials on small spills rather than hosing down the spill. Remove the adsorbent materials promptly and dispose of properly.
• For larger spills, a private spill cleanup company or Hazmat team may be necessary.
IC17 Spill Prevention and Control 2
11. Reporting
1. Report spills that pose an immediate threat to human health or the environment to local agencies, such as the fire department, and the Regional Water Quality Control Board.
2. Establish a system for tracking incidents. The system should be designed to identify the following:
• Types and quantities (in some cases) of wastes
• Patterns in time of occurrence (time of day/night, month, or year) • Mode of dumping (abandoned containers, “midnight dumping” from moving vehicles, direct dumping of materials, accidents/spills)
• Responsible parties
3. Federal regulations require that any oil spill into a water body or onto an adjoining shoreline be reported to the National Response Center (NRC) at 800-424-8802 (24 hour).
Training
1. Educate employees about spill prevention and cleanup. • Establish training that provides employees with the proper tools and knowledge to immediately begin cleaning up a spill.
• Educate employees on aboveground storage tank requirements. • Train all employees upon hiring and conduct annual refresher training.
2. Train employees responsible for aboveground storage tanks and liquid transfers on the Spill Prevention Control and Countermeasure Plan.
Stencil storm drains
Storm drain system signs act as highly visible source controls that are typically stenciled directly adjacent to storm drain inlets. Stencils should read “No Dumping Drains to Ocean”.
References
California Storm Water Best Management Practice Handbook. Industrial and Commercial. 2003. www.cabmphandbooks.com
California Storm Water Best Management Practice Handbooks. Industrial/Commercial Best Management Practice Handbook. Prepared by Camp Dresser& McKee, Larry Walker Associates, Uribe and Associates, Resources Planning Associates for Stormwater Quality Task Force. March 1993.
Model Urban Runoff Program: A How-To Guide for Developing Urban Runoff Programs for Small Municipalities. Prepared by City of Monterey, City of Santa Cruz, California Coastal Commission, Monterey Bay National Marine Sanctuary, Association of Monterey Bay Area Governments, Woodward-Clyde, Central Coast Regional Water Quality Control Board. July 1998 (Revised February 2002 by the California Coastal Commission).
Stormwater Management Manual for Western Washington. Volume IV Source Control BMPs. Prepared by Washington State Department of Ecology Water Quality Program. Publication No. 99-14. August 2001.
For additional information contact:
County of Orange/ OC Watersheds
Main: (714) 955-0600
24 hr Water Pollution Hotline: 1-877-89-SPILL
or visit our website at www.ocwatersheds.com
IC17 Spill Prevention and Control 3
IC21. WASTE HANDLING AND DISPOSAL
Best Management Practices (BMPs) MINIMUM BEST MANAGEMENT PRACTICES Pollution Prevention/Good Housekeeping
• Prevent waste materials from coming in direct
contact with wind or rain. .
• Keep waste collection areas clean.
• Secure solid waste containers when not in use.
• Regularly inspect, repair, and/or replace waste
containers.
• Use all of a product before disposing of the
container.
• Label and store hazardous wastes according to
hazardous waste regulations.
Stencil storm drains
Training
• Train employees on these BMPs, storm water
discharge prohibitions, and wastewater discharge
requirements.
• Provide on-going employee training in pollution
prevention.
A BMP is a technique, measure or structural control that is used for a given set of conditions to improve the quality of the stormwater runoff in a cost effective manner1. The
minimum required BMPs for this activity are outlined in the box to the right. Implementation of pollution
prevention/good housekeeping measures may reduce or
eliminate the need to implement other more costly or
complicated procedures. Proper employee training is key to the success of BMP implementation.
The BMPs outlined in this fact sheet target the following pollutants:
Targeted Constituents
Sediment x
Nutrients x
Floatable Materials x
Metals x
Bacteria x
Oil & Grease x
Organics & Toxicants x
Pesticides x
Oxygen Demanding x
Provided below are specific procedures associated with each of the minimum BMPs along with procedures for additional BMPs that should be considered if this activity takes place at a facility located near a sensitive waterbody. In order to meet the requirements for medium and high priority facilities, the owners/operators must select, install and maintain appropriate BMPs on site. Since the selection of the appropriate BMPs is a site-specific process, the types and numbers of additional BMPs will vary for each facility.
1. Prevent waste materials from coming in direct contact with wind or rain. • Cover the waste management area with a permanent roof. • If this is not feasible, cover waste piles with temporary covering material such as reinforced tarpaulin, polyethylene, polyurethane, polypropylene, or hypalon. • Cover dumpsters to prevent rain from washing out waste materials.
2. Design waste handling and disposal area to prevent stormwater runon. • Enclose the waste handling and disposal area or build a berm around it. • Position roof downspouts to direct stormwater away from waste handling and disposal area.
3. Design waste handling and disposal area to contain spills. • Place dumpsters or other waste receptacles on an impervious surface. • Construct a berm around the area to contain spills.
• Install drains connected to the public sewer or the facility’s process wastewater system within these contained areas. DO NOT discharge to a public sewer until contacting the local sewer authority to find out if pretreatment is required.
1 EPA " Preliminary Data Summary of Urban Stormwater Best Management Practices” IC21 Waste Handling and Disposal 1
4. Keep waste collection areas clean.
• When cleaning around waste handling and disposal areas use dry methods when possible (e.g. sweeping, use of absorbents).
• If water must be used, collect water and discharge to the sewer if permitted to do so. DO NOT discharge to a public sewer until contacting the local sewer authority to find out if pretreatment is required. If discharge to the sanitary sewer is not allowed, pump water to a tank and dispose of properly.
• Post “No Littering” signs.
5. Secure solid waste containers when not in use.
6. Regularly inspect, repair, and/or replace waste containers.
7. Do not fill waste containers with washout water or any other liquid.
8. Use all of a product before disposing of the container.
9. Segregate wastes by type and label and date wastes.
• Do not mix wastes; this can cause chemical reactions, make recycling impossible, and complicate disposal.
• Ensure that only appropriate solid wastes are added to solid waste containers. • Certain wastes such as hazardous wastes, appliances, fluorescent lamps, pesticides, etc. may not be disposed of in solid waste containers.
10. Label and store hazardous wastes according to hazardous waste regulations. • Consult your local hazardous waste agency or Fire Department for details. • Obtain a hazardous waste generator license or permit if necessary.
12. Minimize waste.
• Recycle materials whenever possible.
• Modify processes or equipment to increase efficiency. • Identify and promote use of non-hazardous alternatives. • Reduction in the amount of waste generated can be accomplished using many different types of source controls such as:
Production planning and sequencing
Process or equipment modification
Raw material substitution or elimination
Loss prevention and housekeeping
Waste segregation and separation
Close loop recycling
• Establish a material tracking system to increase awareness about material usage. This may reduce spills and minimize contamination, thus reducing the amount of waste produced.
Training
1. Train employees on these BMPs, storm water discharge prohibitions, and wastewater discharge requirements.
2. Train employees in proper waste handling and disposal.
3. Train employees on proper spill containment and cleanup. • Establish training that provides employees with the proper tools and knowledge to immediately begin cleaning up a spill.
• Ensure that employees are familiar with the site’s spill control plan and/or proper spill cleanup procedures.
• Fact sheet IC17 discusses Spill Prevention and Control in detail.
IC21 Waste Handling and Disposal 2
4. Establish a regular training schedule, train all new employees, and conduct annual refresher training.
5. Use a training log or similar method to document training.
Stencil storm drains
Storm drain system signs act as highly visible source controls that are typically stenciled directly adjacent to storm drain inlets. Stencils should read “No Dumping Drains to Ocean”.
References
California Storm Water Best Management Practice Handbook. Industrial and Commercial. 2003. www.cabmphandbooks.com
California Storm Water Best Management Practice Handbooks. Industrial/Commercial Best Management Practice Handbook. Prepared by Camp Dresser& McKee, Larry Walker Associates, Uribe and Associates, Resources Planning Associates for Stormwater Quality Task Force. March 1993.
Model Urban Runoff Program: A How-To Guide for Developing Urban Runoff Programs for Small Municipalities. Prepared by City of Monterey, City of Santa Cruz, California Coastal Commission, Monterey Bay National Marine Sanctuary, Association of Monterey Bay Area Governments, Woodward-Clyde, Central Coast Regional Water Quality Control Board. July 1998 (Revised February 2002 by the California Coastal Commission).
For additional information contact:
County of Orange/ OC Watersheds
Main: (714) 955-0600
24 hr Water Pollution Hotline: 1-877-89-SPILL
or visit our website at www.ocwatersheds.com
IC21 Waste Handling and Disposal 3
APPENDIX V
CITY POLICY – CITY ADMINISTRATIVE
ORDER NO. 28: USE AND PROCUREMENT
OF ORGANIC WASTE RECYCLED
PRODUCTS
CITY OF LAGUNA HILLS
24035 El Toro Road •Laguna Hills, California 92653 • (949) 707-2600 • FAX (949) 707-2633 Website: www.lagunahillsCA.gov
May 23, 2024
SUBJECT: Addendum No. 1 to Notice Inviting Bids and Specifications for Janitorial Maintenance Services for the Laguna Hills Community Center To All Contractors:
This Addendum No. 1 is being issued for the subject bid.
1. The Draft Janitorial Maintenance Services Agreement in Appendix II is replaced with the attached Draft Janitorial Services Agreement.
2. The “Janitorial Maintenance Services Performance Warning/Deficiency Deduction Form” in Appendix III is replaced with the attached Form.
3. Bidders are no longer required to submit Letters of Recommendation as part of their proposals. This is currently indicated as a requirement on page P-1, item no. 2.d.
4. Bidders shall sign and include this page in their proposal in order for their bid to be considered responsive.
5. Bidders shall have signed-in and attended the mandatory pre-bid meeting held on May 21, 2024 in order for their bid to be considered responsive.
6. By issuance of this Addendum No. 1, there are no other changes to the bid documents and specifications and no further questions will be answered ahead of the bid opening.
The City has received the following questions regarding this bid.
Questions and Responses:
1. Who is the current contractor?
Response: The Ritz Companies.
2. What is the current monthly charge of the current contractor? Response: $9,550/month + supplies
3. What is the term of the current contract?
Response: As discussed in the pre-bid meeting, the current contract term is from March 1, 2024 through June 30, 2024. Previously, the City of Laguna Hills used a property management company to manage the Community Center. The property management company’s contract ended effective March 1, 2024. Therefore, the City entered into a short-term contract with the Ritz Companies to continue service through the end of the City’s fiscal year. Now, the City is bidding out janitorial maintenance services.
4. What is the square footage of the surfaces all walls, carpets, wood floors, windows, etc?
May 23, 2024
Addendum No. 1 to Notice Inviting Bids and Specifications for Janitorial Maintenance Services for the Laguna Hills Community Center
Response: The City does not have all of these numbers available. Potential bidders had an opportunity to view and perform a walk-through of the Laguna Hills Community Center during the mandatory pre-bid meeting held on May 21, 2024.
Regarding windows, the bid documents state that spot cleaning of windows is included within a seven-foot (7’) reach. Window cleaning per pane is an extra work item.
As a courtesy, the City is providing this summary of indoor areas with wood flooring and carpeting. This summary is not to be construed as all-inclusive: Carpeting can be found in the Heritage Room, Technology Center, first floor hallway next to the Heritage Room, all stairways, second floor hallways, all offices, and the Tower Floor office (third floor). Wood flooring can be found in the Gymnasium, Physical Activities Room, and Heritage Room Stage. Generally, all other areas are tile or linoleum flooring.
5. Are there additional locations or scope of work added from the previous (current) contract? Response: As discussed in the pre-bid meeting, the scope of work differs from the previous contract in significant ways. As a courtesy, the City is providing this summary, and this summary is not to be construed as all-inclusive of changes in the scope of work between the existing contract and the bid documents.
Most significantly, the current contract provides for day porter service Monday – Friday only and night-time janitorial staff Monday-Sunday; whereas, these bid documents require day porter service and night-time janitorial service Monday – Saturday as part of the Base Bid, and Sunday day porter service for the Additive Bid. In addition, the bid documents require the contractor to provide two personnel for City Special Events occurring seven (7) times per year, and require the night-time janitorial staff to set-up rooms for events, as requested by City staff. More details are in the bid documents.
Regarding additional locations, the locations of work are similar to the current contract.
6. Regarding supplies, who is your current supplier, what is the value of the items, what is the term of the contract, who is the manufacturer, etc? Response: Similar to the bid documents, the current contractor provides supplies to the City according to a schedule of fees. We do not believe this information is relevant to the current bid.
7. Is the bidder required to bid on all items?
Response: Yes, otherwise the bid will be deemed non-responsive.
8. Please clarify if any part of this work is subject to the payment of prevailing wages. The bid documents reference prevailing wages.
Response: Currently, City staff understands that the scope of work is NOT subject to prevailing wage laws as the work does not constitute “public works” work or a “public works project” under State law. However, if the contractor inadvertently engages in “public works” work during the course of the contract, the contractor will be responsible for registering with the California Department of Industrial Relations and paying any prevailing wages
May 23, 2024
Addendum No. 1 to Notice Inviting Bids and Specifications for Janitorial Maintenance Services for the Laguna Hills Community Center
due to employees at his/her own expense. The definition of “public works” can be found in Section 1720 of the California Labor Code.
However, City staff recognized that the language in the draft Janitorial Maintenance Services Agreement had problematic language; therefore, the draft Janitorial Services Agreement has been replaced in Appendix II.
9. Is power-washing required on the Patios or in the Courtyard? Response: Power washing is not part of this contract.
10. May bidders propose more people to perform night-time janitorial duties in an effort to reduce the number of hours on-site?
Response: Yes, provided that the work contemplated in the bid documents is accomplished. However, night-time janitorial crews may not start work earlier than 12:00 a.m. (midnight). Bidders can indicate the number of personnel they plan to use to accomplish the night-time janitorial duties on page P-9 of the Proposal.
11. Will the awarded contractor be eligible for CPI increases each year? Response: The bid prices shall remain fixed for the first two years of the contract.
Thereafter, the contractor may submit a request to adjust its fees once per year during the remainder of the term of the contract. Approval of any request to adjust fees shall be made at the sole discretion of the City and is subject to the City’s approved budget. In no case may the value of the change exceed the lesser of (a) CPI for the Los Angeles/Orange County area for the preceding one year as published for the month of April of any given year or (b) 5%. This language has been updated in the replaced draft Janitorial Services Agreement in Appendix II.
12. What is the term of the new contract?
Response: Five (5) years plus an optional three (3) year renewal.
Receipt Acknowledged:
Sincerely, By: ________________________
Name: ________________________
Joe Ames, P.E., T.E.
Public Works Director/City Engineer Firm: ________________________ Attachments:
1. Replacement pages for Appendix II: Draft Janitorial Maintenance Services Agreement
2. Replacement page for Appendix III: Janitorial Maintenance Services Performance Warning/Deficiency Deduction Form
ATTACHMENT NO. 1
REVISED PAGES FOR APPENDIX II
*SAMPLE DRAFT JANITORIAL SERVICES CONTRACT – SUBJECT TO CHANGE* 1 1829362.1
JANITORIAL SERVICES AGREEMENT
_______________, Inc.
(Janitorial Maintenance Services for the Laguna Hills Community Center) THIS JANITORIAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this ___ day of __________ 2024, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California (hereinafter referred to as “City”), and _________________, INC., a _______________ (hereinafter referred to as “Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has determined that there is a need to retain the services of a qualified contractor capable of performing routine janitorial, maintenance, and cleaning services for the Laguna Hills Community Center on an as-needed, on-call and routine basis (the “Project”).
B. In response to City's Notice Inviting Bids for Janitorial Services, NIB No. __________________ dated _____________, Contractor has submitted to City a written proposal, dated ______________, to provide certain janitorial, maintenance, and cleaning services for the Laguna Hills Community Center on an as-needed, on-call and routine basis, to City for the Project pursuant to the terms of this Agreement.
C. Contractor represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, labor and equipment, and expertise to provide the requested janitorial, maintenance, and cleaning services and has agreed to provide such services to City for the Project as provided herein. City does not have the personnel, specialized equipment, or technical expertise able to perform the work and services contracted for herein.
D. City desires to retain Contractor to provide such janitorial and cleaning services for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. MAINTENANCE SERVICES
1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Contractor promises and agrees to provide, furnish, and perform janitorial, maintenance, and cleaning services for the Laguna Hills Community Center on an asneeded, on-call and routine basis, to City for the Project as set forth in Contractor’s Proposal/Scope of Services, dated __________________, and as set forth in City’s Notice Inviting Bids and Specifications for Janitorial Maintenance Services for the Laguna Hills Community Center, dated April 29, 2024, which are both attached hereto as Exhibit “A” and Exhibit “B”, respectively, and
*SAMPLE DRAFT JANITORIAL SERVICES CONTRACT – SUBJECT TO CHANGE* 2 1829362.1
are incorporated herein by reference (hereinafter referred to as the “Services” or “Work”). As a material inducement to the City entering into this Agreement, Contractor acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills, equipment, labor, and abilities and that, consistent with this understanding, Contractor’s Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such service and work and with the standards recognized as being employed by contractors in the same discipline in the State of California. Contractor represents and warrants that it is skilled in the discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement. Contractor represents and warrants that it and all of its employees and subcontractors providing services under this Agreement shall have sufficient skill and experience to perform the Services and Work assigned to them. All Services and Work shall be completed to the reasonable satisfaction of the City.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the City’s Notice Inviting Bids and Specifications for Janitorial Maintenance Services for the Laguna Hills Community Center, dated April 29, 2024; and, (3) the Contractor’s signed, original Proposal/Scope of Services, dated _________ (“Contractor’s Proposal”), including the Contractor’s Schedule of Performance and Schedule of Compensation/Fees/Rates and Unit Prices, submitted to City in response to City's notice and request inviting bids or proposals for the Project, which shall all be referred to collectively hereinafter as the “Contract Documents.” The Contractor’s Proposal and the City’s Notice Inviting Bids and Specifications for Janitorial Maintenance Services for the Laguna Hills Community Center, dated April 29, 2024, which are both attached hereto as Exhibit “A” and Exhibit “B”, respectively, are hereby incorporated by reference and are made a part of this Agreement. All provisions of this Agreement, the Contractor’s Proposal (Exhibit "A"), and the City’s notice and request inviting bids or proposals, including the City’s Project Specifications (Exhibit "B"), shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; (2nd) the terms, conditions, requirements, and provisions of the City’s Notice Inviting Bids and Specifications for Janitorial Maintenance Services for the Laguna Hills Community Center, dated April 29, 2024 (Exhibit “B”); and (3rd) the provisions of the Contractor’s Proposal (Exhibit “A”).
1.3 Compliance with Law. Contractor shall comply at all times during the term of this Agreement with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards and Cal/OSHA regulations and requirements. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of the Work and Services, including all Cal/OSHA regulations and requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with performing the Work and Services. If Contractor performs any Work or Services in violation of such laws, rules, and regulations, Contractor shall be solely responsible for all penalties and costs arising therefrom. Contractor shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers, free and
*SAMPLE DRAFT JANITORIAL SERVICES CONTRACT – SUBJECT TO CHANGE* 3 1829362.1
harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.
1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder, Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its trade and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and Services required by this Agreement, and Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to obtain such licenses, permits, and approvals of whatever nature that are legally required to perform the Work or Services.
1.5 Familiarity with Work. By executing this Agreement, Contractor represents and warrants that it (a) has thoroughly investigated and considered the Scope of Work or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor represents and maintains that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Contractor discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City.
1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in Contractor’s Proposal/Scope of Work (Exhibit “A”) or to make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Contractor, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which
*SAMPLE DRAFT JANITORIAL SERVICES CONTRACT – SUBJECT TO CHANGE* 4 1829362.1
adjustments are subject to the written approval of the Contractor. It is expressly understood by Contractor that the provisions of this section shall not apply to the Work and Services specifically set forth in the Contractor’s Proposal/Scope of Work or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Services identified in the Contractor’s Proposal/Scope of Work exceeds any time or material amounts or estimates provided therein.
1.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects.
Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
1.10 Water Quality Management and Compliance.
1.10.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during performance of the Services or Work. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its bid or proposal accordingly, and assumes any and all risks and liabilities associated with and arising therefrom.
1.10.2 Compliance with Water Quality Laws, Ordinances, and Regulations.
Contractor shall keep itself and any subcontractors, staff, agents, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by, the performance of the Services or Work, including, without limitation, all applicable provisions of: the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal. Water Code § 1300 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local or state agency having jurisdiction over the location where the Services or Work are to be performed, conducted, or provided, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.
1.10.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances, and regulations listed in subsection 1.10.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of Laguna Hills Local Implementation Plan (“LIP”), and the applicable Water Quality Management Plan (“WQMP”). Such documents contain the Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dryPage 263 of 1232 *SAMPLE DRAFT JANITORIAL SERVICES CONTRACT – SUBJECT TO CHANGE* 5 1829362.1
weather urban runoff, storm water runoff, and receiving water quality. Contractor hereby acknowledges and agrees to be familiar with the DAMP, the LIP, and the WQMP, and agrees to comply with the requirements specified therein.
1.10.4 Standard of Care. Contractor represents and warrants that all employees and subcontractors performing any Services or Work hereunder shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies described in Sections 1.10.2 and 1.10.3 of this Agreement. Contractor further represents and warrants that it, its employees and subcontractors will receive appropriate training regarding the requirements of the laws, regulations, and policies described in subsections
1.10.2 and 1.10.3 of this Agreement as they may relate to the Services.
1.10.5 Liability for Water Quality Non-Compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in subsections 1.10.2 and 1.10.3 of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its elected and appointed officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its elected and appointed officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in subsections 1.10.2 and 1.10.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole negligence, willful misconduct or active negligence of the City, its elected and appointed officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Contractor for delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations, and policies described in subsections 1.10.2 and 1.10.3 of this Agreement, or any other relevant water quality law, regulation, or policy.
1.11 Intentionally omitted.
1.12 Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Contractor further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
1.13 Contractor Work Rules. Contractor shall be familiar with, observe, and comply at all times during the term of this Agreement with any work rules for consultants as may be established and promulgated by the City Manager, which work rules shall be additional terms and conditions
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for providing the Work and Services to the City pursuant to this Agreement, as may be updated and/or amended at the sole discretion of the City Manager from time to time.
1.14 Unauthorized Aliens. Contractor hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of any Work and/or Services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation/Fees/Rates/Unit Prices set forth in Contractor’s Proposal/Scope of Work, but not exceeding the total maximum contract amount of
______________________________($_______________) (hereinafter referred to as the "Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above and Section 2.4 below. Compensation shall be payable according to the fees and at the rates, charges and unit prices set forth in Exhibit “A” attached hereto. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.
2.2. Method of Payment. Unless some other method of payment is specified in the Contractor’s Proposal/Scope of Work (Exhibit “A”), in any month in which Contractor wishes to receive payment, no later than the 10th working day of such month, Contractor shall submit to the City, in a form approved by the City’s Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the Work or Services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical.
2.3 Optional CPI Adjustment. The fees, rates and/or unit prices set forth in Contractor’s Proposal (Exhibit "A") shall remain fixed and unchanged for the first two years of the term of this Agreement (i.e., from July 1, 2024 through June 30, 2026). Thereafter, Contractor may submit a request to adjust its fees, rates and/or unit prices once per year during the remainder of the term of the Agreement as provided for herein. However, approval of any request to adjust fees, rates and/or unit prices as set forth herein shall be made at the sole discretion of the City Manager, in writing, and is subject to the City's approved budget. Such fee, rate, and/or unit price adjustment(s), if any, shall not exceed the value of the change of the Consumer Price Index for the Los Angeles/Orange County area for the preceding one year as published for the month of April of any given year. In no event shall any adjustment of any fee, rate or unit price exceed five percent (5%) per year regardless of CPI or any other cost factors.
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2.4 Changes in Scope. In the event any change or changes in the Scope of Work or Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional fees for services. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional work or services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
2.5 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Laguna Hills City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance set forth in Contractor's Proposal (Exhibit “A”) and in City's Project Specifications (Exhibit "B").
3.2 Schedule of Performance. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services or Work within the time period(s) established in the Schedule of Performance set forth in Contractor's Proposal (Exhibit “A”) and in City's Project Specifications (Exhibit "B"). When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.
3.3 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for a period of five years, commencing on July 1, 2024 and ending on June 30, 2029 (“Initial Term”). The City shall have the unilateral option, at its sole discretion, to renew and extend the term of this Agreement for no more than one additional three (3)-year term (“Renewal Option”) under the same terms and conditions.
3.4 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, pandemics, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Contractor, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City
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Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this section.
3.5 Intentionally omitted.
4. COORDINATION OF WORK
4.1 Representative of Contractor. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the Services to be performed under this Agreement and to make all decisions in connection therewith: ________________________. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Work or Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Contractor’s responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required without prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability hereunder without the express written consent of City.
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4.4 Independent Contractor.
4.4.1. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Contractor a City employee. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents and volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement.
Contractor, its officers, employees, or agents shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor’s officers, employees, representatives or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.
4.4.2. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
4.4.3. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with the performance of any Work or Services under this Agreement. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing any services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Contractor’s officers, employees, representatives, subcontractors, or agents, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.
4.5 PERS Eligibility Indemnification.
4.5.1 In the event that Contractor or any employee, agent, or subcontractor of Contractor providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
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4.5.2 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing any Work or Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
5. INSURANCE
5.1 Compliance with Insurance Requirements. Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor’s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
5.2.1 Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) in the general aggregate, and one million dollars ($1,000,000.00) for products and completed operations. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
5.2.2 Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.
5.2.3 Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance
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written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5.4 Insurance Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
5.4.1 The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
(A) Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
(B) Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Contractor, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
(C) Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Consultant’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.
5.4.2 For all policies of Commercial General Liability Insurance, Contractor shall provide endorsements for ongoing operations and completed operations to effectuate this requirement.
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5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
5.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
5.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
5.8 Evidence of Coverage. Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Contractor shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage.
5.9 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
5.10 Enforcement of Agreement (Non-Estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any non-compliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.
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5.11 Insurance for Subconsultants. Contractor shall include all subconsultants or subcontractors engaged in any Work or Services for Contractor relating to this Agreement as additional named insureds under the Contractor’s insurance policies, or Contractor shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Contractor’s subconsultants or subcontractors performing any Work or Services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Contractor shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.
5.12 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Contractor pursuant to this Agreement:
5.12.1 Contractor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.
5.12.2 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
5.12.3 None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
5.12.4 Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
5.12.5 Contractor agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.
5.12.6 Contractor agrees to provide immediate written notice to City of any claim,
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demand or loss against Contractor arising out of the Work or Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.
6. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify, protect, and hold harmless City, its officials, officers, employees, agents and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to Contractor’s performance under this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability hereunder.
7. REPORTS AND RECORDS
7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subconsultants, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such
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documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. Contractor shall ensure that all of its subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City’s prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Contractor thirty (30) days written notice. Upon such notice, City shall pay Contractor for Services performed through the date of termination. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination.
8.4 Default of Contractor.