Request For Proposal
for
Janitorial Services for
Manteca Transit Center
RFP Issue Date: Thursday, June 15, 2023
PROPOSALS DUE:
5:00 P.M. Thursday, July 20, 2023
Questions, comments or concerns related to this RFP may be directed to:
Juan Portillo, Transit Manager
City of Manteca
1001 W. Center Street
Manteca, CA 95337
Phone: (209) 456-8775
Email: [email protected]
ATTACHMENT 3
City of Manteca
Request for Proposal
Janitorial Services for Manteca Transit Center
TABLE OF CONTENTS
SECTION I Page
Introduction
A. Summary Scope of Work............................................................................................ 3 B. Location of Work to be Performed ............................................................................ 3 C. RFP Inquiries .............................................................................................................. 3 D. Definition of Terminology .......................................................................................... 4
SECTION II
Conditions Governing the Procurement
A. Sequence of Events .................................................................................................... 4 B. Explanation of Events ................................................................................................ 5 C. General Requirements ............................................................................................... 6 D. Contractor Requirements .......................................................................................... 8
SECTION III
Scope of Services
A. Scope of Services ..................................................................................................... 10 B. Supplies and Equipment Requirement .................................................................... 12 C. Other Requirements ................................................................................................ 12
SECTION IV
Proposal Submittal, Evaluation, and Selection Process
A. Proposal Content and Format ................................................................................... 14 B. Proposal Review and Evaluation ............................................................................. 15 C. Notice of Award/Contract Documents .................................................................... 16 D. Protest Procedures .................................................................................................. 16
APPENDICES
Appendix A: Transit Center Floor Plan/Layout ............................................................. 18 Appendix B: Federal Provisions ...................................................................................... 19 Appendix C: Proposer Information Form ....................................................................... 29 Appendix D: Insurance Requirements ........................................................................... 30 Appendix E: Proposal Pricing Sheets .............................................................................. 33 Appendix F: Addendum Receipt ..................................................................................... 34 Appendix G: Agreement for General Service ............................................................ 35 ATTACHMENT 3
SECTION I
Introduction The City of Manteca will be accepting proposals from experienced and qualified janitorial contractors to provide custodial and cleaning services at the Manteca Transit Center located at 220 Moffat Boulevard in the City of Manteca. It is the intent of the City of Manteca (hereinafter referred to as “City”) to contract for said cleaning services from a qualified contractor for a term of three (3) years, with two (2) one-year options. Awards will be made to the responsible janitorial contractor whose proposal is most advantageous to the Transit Division with price and other factors considered in this Request for Proposal (RFP).
a. SUMMARY SCOPE OF WORK
Proposals shall include all labor, supervision, appropriate equipment, necessary materials, and all other equipment/materials/supplies not specifically provided by the City to clean and maintain the total square footage of the building office areas, including restroom, entrances, hallways, meeting rooms, and other institutional office space in accordance with schedule outlined in this RFP. It shall be understood that, in addition to these services, all tasks incidental to cleaning functions not specifically listed, but normally included in general janitorial practices, shall also be provided.
b. LOCATION OF WORK TO BE PERFORMED
The Manteca Transit Center is an approximately 9,600 square foot building, with 8,800 square feet of floor space, located on the corner of Main Street and Moffat Boulevard in central Manteca at 220 Moffat Blvd. The building is occupied by the City’s transit contractors whose normal operating hours are from 5:00 am to 8:30 pm Monday through Friday and 9:00 am to 4:30 pm Saturdays. The building is open to the public from 8:00 am to 5:00 pm Monday through Friday, and 9:00 am to 4:00 pm Saturday. The building is also occupied by transit administrative staff whose normal operating hours are 7:00AM-5:30PM, Monday through Thursday. The Transit Center is divided into two parts: 1) a transit administrative side with offices, restrooms, break room and conference room; and 2) a public rental side with community rooms, industrial kitchen, restrooms and storage room.
The community rooms are approximately 3,648 square feet (1,827 sq. ft. carpeted and 1,821 sq. ft. of wood flooring). The kitchen is approximately 713 square feet, and the lobby and hallway are comprised of 1,445 square feet of stained, polished concrete. c. RFP INQUIRIES
Any RFP inquiries or requests regarding this procurement shall be submitted in writing to the designated Transit Manager listed below and reference the page of the RFP where the Proposer has an inquiry or request. Inquiries and requests made to other City staff will not be allowed. All responses will be in writing and will be distributed to all potential Proposers who received a copy of this RFP. (See Section II., B. below.) The designated contact is:
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Juan Portillo, Transit Manager
City of Manteca
1001 W. Center Street, Manteca, CA 95337
[email protected]
DEFINITION OF TERMINOLOGY
This paragraph contains definitions that may be used throughout this Request for Proposal (RFP), including appropriate abbreviations:
1. “AGREEMENT” shall mean a duly executed and legally binding contract.
2. “BUSINESS HOURS” means 8:00 AM through 5:00 PM Pacific Standard Time.
3. “CITY” means City of Manteca, its officers, employees and City Council.
4. “MINOR TECHNICAL IRREGULARITIES” means anything in the proposal that does not affect the price, quality and quantity or any other mandatory requirement.
5. “NOTICE OF AWARD” shall mean a formal written notice of award of a contract to the Proposer by the City.
6. “PROCUREMENT” means the securing or purchase of services described in this RFP.
7. “PROPOSER” means any person, firm, business, corporation, or partnership that chooses to submit a proposal.
8. “REQUEST FOR PROPOSAL” or “RFP” means all documents, including those attached in the Appendices or incorporated by reference, used for soliciting proposals.
9. “RESPONSIBLE PROPOSER” means a Proposer who submits a responsive proposal and who has furnished, when required, information and data to prove that his/her financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services described in the proposal.
10. “RESPONSIVE PROPOSER” or “RESPONSIVE PROPOSAL” means an offer or proposal, which conforms in all material respects to the requirements set forth in this RFP.
SECTION II
Conditions Governing the Procurement This section outlines and describes the sequence of events and tentative schedule established for this RFP process. The City reserves the right to modify this schedule if it is in the best interest of the City to do so. All parties known to have received this RFP will be notified of any significant changes made to the sequence of events and schedule.
A. SEQUENCE OF EVENTS
Event/Action Responsibility Date
1. Release of RFP Document City June 15, 2023
2. Non-Mandatory Onsite
Inspection
City and
Proposer
9:00 am – 10:00 am
June 22, 2023
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Event/Action Responsibility Date
3. Deadline to Submit Written
Questions
Proposer 5:00 pm
June 26, 2023
4. Issue Written Response
(Addenda) to Questions
City June 27, 2023
5. Submission of Proposal Proposer 5:00 pm: July 20, 2023
6. Conduct Interviews (If Necessary) City July 25, 2023
7. Notice of Award/Contract
Documents
City July 27, 2023
8. Protest Deadline Proposer August 9, 2023 (10 Working Days after Notice)
9. Staff recommendation to City
Council and contract award
City Tentatively August 15, 2023
10. Contract Work to Begin City and
Proposer
Tentatively August 16, 2023
B. EXPLANATION OF EVENTS
1. Release of RFP Document
This RFP is released for distribution on Thursday, June 15, 2023, by the City in accordance with the provisions of the City’s Procurement Policy. A distribution list of those who receive this RFP will be maintained throughout the procurement process and will become part of the procurement file.
2. Non-Mandatory Pre-Proposal Meeting and Site Visit
A Pre-proposal meeting and site visit will be held on Thursday, June 22, 2023, at 9:00 a.m. Pacific Standard Time at the Manteca Transit Center, 220 Moffat Blvd., Manteca, CA 95337. Attendance at the pre-proposal meeting is not required for submission of a proposal to this RFP, but attendance is highly recommended. A tour of the facility will be conducted to provide proposers with a better understanding of the building layout and design as it relates to the services being requested. Any questions regarding the preproposal meeting and site visit will be documented in writing will be distributed to all potential Proposers who received a copy of this RFP.
3. Deadline to Submit Written Questions
Potential Proposers may submit questions in writing to the Transit Manager listed in Section I.C until 5:00 pm on Monday, June 26, 2023. Questions shall be clearly labeled and shall cite the Section(s) and Item(s) in the RFP. All responses to written questions will be distributed via e-mail to the Proposer distribution list. Include the e-mail address for the individual appointed to receive responses to the questions. The identity of the organization submitting the question(s) will not be revealed.
4. Issue Written Response to Questions
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Written responses to written questions will be distributed on Tuesday, June 27, 2023, to all potential Proposers whose organization name appears on the procurement distribution list. Responses will also be posted on the City’s website at:
www.MantecaTransit.com.
5. Submission of Proposal
PROPOSALS MUST BE HAND DELIVERED OR MAILED IN A SEALED ENVELOPE AND CLEARLY MARKED AS “RFP – TRANSIT CENTER JANITORIAL SERVICES” AND MUST BE RECEIVED BY THE TRANSIT MANAGER OR DESIGNEE BY 5:00 P.M. LOCAL TIME ON JULY 20, 2023. Proposals received late or submitted by FAX or any other electronic method will not be accepted. Each PROPOSER must submit one (1) original signed copy and three (3) duplicate copies AND (1) Electronic Version (on USB Drive) of the complete proposal to:
CITY OF MANTECA City Clerk’s Office
Juan Portillo, Transit Manager
1001 W. Center Street
Manteca, CA 95337
Price Proposals must be submitted on the Proposal Pricing Sheet (Attachment E) provided. All prices and notations must be in ink or typewritten. Mistakes may be crossed out and corrections typed or written with ink adjacent thereto; and all corrections must be initialed in ink by the person signing the Proposal Pricing Sheet (Attachment E).
C. GENERAL REQUIREMENTS
The General Requirements section contains specific information about the process, general conditions and instructions that govern this procurement.
1. Acceptance of Conditions Governing the Procurement – Potential Proposers must indicate their acceptance of the Conditions Governing the Procurement section in the letter of transmittal.
2. Incurring Cost - Any costs incurred by the Proposer in preparation, transmittal, or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Proposer.
3. Prime Contractor Responsibility - Any contractual agreement that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of all requirements of the contractual agreement with City.
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4. Subcontractors/Consent – The use of subcontractors under certain circumstances will be permitted, with prior approval from the Transit Manager. However, the janitorial (prime) contractor shall be wholly responsible for the entire performance of the contractual agreement, whether or not subcontractors are used. Additionally, the janitorial (prime) contractor must receive approval in writing from the City before any subcontractor is used during the term of this agreement.
5. Amended Proposals - A Proposer may submit an amended proposal before the deadline for receipt of proposals. Such amended proposal must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. City staff will not collate or assemble proposal materials.
6. Right to Reject Proposal – The City reserves the right to reject a proposal from any Proposer who has previously failed to perform properly, has caused the City to incur unreasonable costs or expense, failed to complete on time an agreement of a similar nature, or who is not able to perform the work outlined in this RFP.
7. Proposers Right to Withdraw Proposal – Proposer will be allowed to withdraw their proposal at any time, prior to the deadline for receipt of proposals. The Proposer must submit a written withdrawal request signed by the Proposer’s duly authorized representative and addressed to the Transit Supervisor previously listed in this RFP. The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is at the discretion of the Transit Supervisor or designee.
8. Disclosure of Proposal Contents - Proposals will be kept confidential until award process is completed by the City. At that time, all proposals and documents pertaining to the proposals will be available to the public, except for material that is clearly marked proprietary or confidential. The City will not disclose or make public any pages of a proposal on which the potential Proposer has stamped or imprinted "proprietary" or "confidential," subject to the following requirements:
a. Proprietary or confidential data shall be readily separable from the proposal in order to facilitate eventual public inspection of the non-confidential portion of the proposal. Confidential data is restricted to:
i. confidential financial information concerning the Proposer’s organization. ii. data that qualifies as a trade secret in accordance with the Uniform Trade Act.
b. If a request is received for disclosure of data for which a Proposer has made a written request for confidentiality, the CITY shall examine the Proposer’s request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the Proposer takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data.
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c. PLEASE NOTE: The cost of services proposed shall not be designated as proprietary or confidential information.
9. No Obligation – This RFP in no manner obligates the CITY to the use of any Proposer’s services until a valid written contract is awarded and executed.
10. Termination – This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when such action is deemed in the best interest of the City.
11. Legal Review – The CITY requires that all Proposers agree to be bound by the General Requirements contained in this RFP. Any Proposer’s objections must be promptly submitted in writing to the attention of the Transit Supervisor.
12. Proposer Qualifications - The City may make such investigations as necessary to determine the ability of the Proposer to adhere to the requirements specified within this RFP. The City will reject the proposal of any Proposer who is not a responsible Proposer or fails to submit a responsive offer as defined in Section 1-D.
13. Right to Waive Minor Irregularities - The City reserves the right to waive minor irregularities. This right is at the sole discretion of the City.
14. Change in Contractor Representatives – The City reserves the right to require a change in contractor representatives, if the assigned representative(s) is (are) not, in the opinion of the CITY, adequately meeting the needs of the City.
15. Ownership of Documents – All documents submitted in response to this RFP shall become property of the City.
D. CONTRACTOR REQUIREMENTS
The successful Proposer (Contractor) must obtain the following licenses, insurance and other requirements:
1. Insurance
The agreement for this procurement requires that the Contractor procure and maintain, during the life of this contract, insurance coverage of the kinds and in the amounts listed in Appendix D. The Certificates of Insurance must be issued by insurance companies authorized to do business in the State of California and shall cover all performance whether completed by the Contractor, the Contractor’s employees, or by subcontractors.
2. Licenses
Any proposer awarded a contract under this solicitation must show proof of having the required Manteca Business License before the contract will be executed. Failure to show such proof within 10 business days of the Proposer being notified of contract ATTACHMENT 3
award shall result in retraction of such award. There are no California State Contractors License Board license requirements for this solicitation.
3. Contractor Primary Single Point of Contact
The Janitorial Contractor shall provide a telephone number for reaching the primary contact in the event of an emergency. When the primary contact is unavailable for planned absences, the janitorial contractor shall provide the name and means to contact the backup single point of contact. In all instances, the primary contact must be reachable after hours.
5. Janitorial Contractor Hiring Standards
Given that the Contractor employees will have unmonitored access to, and be performing unmonitored services in City facilities, the Contractor is expected to implement comprehensive hiring and screening standards. At a minimum, Contractor shall impose the following hiring standards for any employee provided access to City property or performing any services under this RFP on City property:
a. Legal right to work in the United States.
b. Ability to speak, understand, read and write English. c. Adequate work and personal references for ability and character. d. Negative screening for illegal drugs including marijuana metabolites, cocaine metabolites, opiate metabolites, phencyclidine, and amphetamines. e. No convictions of unsuitable offenses (i.e., grand theft, burglary, etc.) determined by criminal background check for all felony and misdemeanor convictions.
6. Employee Dress & Identification
At all times while on City property in the performance of the duties under this contract, Janitorial Contractor’s employees shall adhere to the following uniform and attire standards:
a. Wear a uniform, solid colored sleeved shirt and ID badge that identifies them as employees of the Janitorial Contractor.
b. Be appropriately and safely dressed (e.g., no sandals, tank tops, or shirt graphics except for the name or company logo of the Janitorial Contractor). c. Maintain a neat, well-groomed and hygienic appearance at all times while at the work location.
7. Code of Conduct
The Janitorial Contractor employees shall conduct themselves in a professional and ethical manner at all times when providing services on City property. Certain conduct, including the following, is considered unacceptable and will result in such employee being banned from carrying out further services on City property:
a. Theft or unauthorized removal of money or property from City, its employees, passengers or anyone else on City property.
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b. Embezzlement, bribery and other similar forms of dishonesty. Possession of any dangerous, unauthorized materials, such as explosives, firearms or other similar items on City property.
c. Gross negligence, gross carelessness, or willful acts, which result in damage to City employees, its passengers, or City property or equipment. d. Violation of safety or health rules, or engaging in conduct that creates a safety or health hazard.
SECTION III
Scope of Services
This section describes the scope of services requested in this RFP.
A. SCOPE OF SERVICES
Proposer will provide the following janitorial and cleaning services, in accordance with all commercial and industrial building standards, according to the schedule described below:
Daily Work Schedule Entire Facility (Monday through Saturday):
Daily Tasks (Monday through Saturday)
• All restrooms and administrative breakroom/kitchen:
o Sweep, mop, and disinfect floors.
o Clean, disinfect and polish all fixtures such as:
Commodes (inside and out), urinals, toilet seats (top and bottom). Sinks, Faucets, Countertops, Mirrors, Appliances, Baby Changing Station, Table. Paper towel holders, garbage containers, and feminine supply holders. o Pick up all trash from restroom floors & countertops. o Empty and clean all wastebaskets and replace liners as needed. Carry all trash to outside enclosure and place in dumpster.
o Restock supplies in their appropriate dispensers (if needed):
Toilet paper, toilet seat covers, paper towels, hand soap. • Clean and vacuum all carpeted floors in administrative area, including corners and under desks. • Lobby and Halls:
o Sweep and dust mop lobby and hallways on the days they are not mopped o Empty and clean all trash receptacles and replace liners as needed. Carry all trash to outside enclosure and place in dumpster.
• Monitor inventory supply and alert City staff of any needed items as listed in Section B. • Maintain an orderly arrangement of all janitorial supplies in the storage rooms.
Intermittent Tasks 1 (Every Monday, Wednesday and Friday):
Intermittent Tasks (Every Monday, Wednesday, and Friday) • Lobby and Hallway:
o Mop lobby and hallway with appropriate cleaner/disinfectant to maintain sheen including behind trash receptacles.
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o Empty garbage receptacles and replace garbage liners. o Clean wainscoting and doors in the lobby and hallway. o Clean (interior and exterior) entrance door windows of finger/handprints and sanitize door handles/push plate.
o Clean counter and windows at reception counter, and the locked information kiosk. o Dust picture glass, and picture frames in halls.
o Dust all baseboards and other low maintenance areas.
o Disinfect lobby benches
Intermittent Tasks 2 (Every Monday and Friday and upon request):
Intermittent Tasks (Every Monday and Friday and upon request based on visual inspection) • Community Rooms
o Clean countertops, sinks, and fixtures in wet bars.
o Replace paper towels and soap (if needed).
o Mop wood floor with appropriate cleaner to ensure sheen and non-tacky surface. o Vacuum carpeting, and clean all ten communication/AV covers on floor. o Clean wainscoting of dust and grime.
o Clean interior of glass windows and doors in Community Rooms. o Pick up and remove all garbage from floors and countertops, if required. o Empty trash receptacles and replace liners.
o Spot clean carpet as needed for small stains, grime, and other dirt. o Dust picture glass, and picture frames in community rooms. • With 30 day advance notice, the City retains the right to make adjustments to the intermittent tasks, to include adding or subtracting days, and to switch scheduled days. This may include late evening hours, after events.
Kitchen Tasks
The following tasks would be on a visual inspection on an as-needed basis, and not on a scheduled cleaning basis:
Kitchen
• Clean and disinfect all countertops, sinks, and all stainless steel surfaces. • Thoroughly clean and disinfect the interior and exterior of the following kitchen equipment:
o Freezer – True brand, Model number T-23F
o Refrigerator – True brand, Model number T-49
o Montague warming oven
o Microwave – Panasonic
o Range with oven – Imperial, six burner
o Bunn Coffee brewer, as needed per visual inspection after use o Bunn Ice tea brewer, as needed per visual inspection after use o Exterior of exhaust hood
o Dishwasher food trap, emptied and cleaned
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• Clean walls as needed to be free of food particles, grease and any other unwanted residue. • Mop floor, including floor of utility closet in kitchen. Floor to be free of food residue, grease, and any slipping hazards.
• Empty garbage cans and replace garbage liners.
• Restock supplies in the eyewash sink (if needed), to include paper towels and soap. • Sweep and mop areas under appliances to ensure they are clean and free of dust, debris and food residue.
Quarterly Tasks
The following tasks would be required on a quarterly basis in accordance with City schedule:
Quarterly Duties (Once every three months)
• Clean and disinfect the interiors of all trash and recycling receptacles in the lobby, kitchen, storage room, and restrooms. There are twelve trash receptacles in the facility. • Clean lower and middle windowsills in the community rooms. • Wash all interior and exterior windows.
• Dust ceiling exhaust grill/vents.
• Spot cleaning carpet.
• Shampoo carpets in community room.
• Shampoo hallways and offices of administrative area.
B. SUPPLIES AND EQUIPMENT REQUIREMENT
1. The City will provide the following supplies:
• Garbage can liners – both small and large
• Paper products:
• Paper hand towels
• Toilet Paper
• Toilet seat covers
• Hand soap refills
2. The Janitorial Contractor is expected to provide all other items to properly fulfill the duties required in the scope of services. Items to be provided include industry standard cleaning products and equipment appropriate for surfaces to be cleaned. No accelerated wear and tear on any of the City’s property shall be attributable to the cleaning method utilized by the contractor. City will conduct visual and other sensory inspections to confirm that cleaning services have been provided in an effective manner. At the City’s request, the Janitorial Contractor shall return within 4 hours of the same date as the reporting to re-clean any area found to be unsatisfactory based on the City’s visual and sensory inspections.
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C. OTHER REQUIREMENTS
1. Availability
The Custodial Contractor must have flexibility to provide additional cleaning services on short notice and be available during non-regular business hours.
There may be private events held at the Transit Center for several consecutive days.
Flexibility to the days the cleaning service is provided is a requirement of this scope of services. A calendar of events will be provided to the Custodial Contractor to assist with scheduling.
2. Security
The Contractor shall be responsible for maintaining the security of the Transit Center at all times during the performance of their duties.
• Only individual assigned to this job will be authorized access to the facility. • Turn off lights upon completion of cleaning operations. • Prior to leaving the building each night, the Contractor shall check to see that all outside doors are locked and the building is secure. • Contractor may be required to set alarm after ensuring facility is secured. • Emergency phone numbers will be provided to the Contractor. • Notices and schedules of meetings will be provided by the City.
3. Disadvantaged Business Enterprises
a. This Agreement is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The City’s overall race neutral goal for DBE participation is 0.42. A separate contract goal has not been established for this procurement.
b. The City plans to meet the maximum feasible portion of its overall goal of 0.42 percent by using race-neutral means for facilitating race-neutral DBE participation. Race-neutral DBE participation includes any time a DBE wins a prime contract through customary competitive procurement procedures or is awarded a subcontract on a prime contract that does not carry a DBE contract goal.
Because the City of Manteca’s solicitation for Janitorial Services for the Manteca Transit Center does not carry a DBE contract goal, therefore, only race-neutral means will be encouraged and implemented.
c. It is the policy of the City and the United States Department of Transportation (“DOT”) that Disadvantaged Business Enterprises(“DBE’s”), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-assisted contracts.
d. The Janitorial Contractor or subcontractor shall not discriminate on the basis of ATTACHMENT 3
race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Agency deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. §
26.13(b).
Janitorial (Prime) contractors are required to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the Agency makes to the prime contractor. 49 C.F.R. § 26.29(a).
SECTION IV
Proposal Submittal, Evaluation, and Selection Process
The Proposer must prepare a technical and a cost proposal for the work to be performed. Proposals must be hand delivered or mailed in a sealed envelope and clearly marked as “RFP – Janitorial Services” and must be received by the Transit Manager or Designee by 5:00 p.m. local time on July 20, 2023. Proposals received late or submitted by FAX or any other electronic method will not be accepted. Each PROPOSER must submit one (1) original signed copy and three (3) duplicate copies.
The proposal package must contain the following:
A. PROPOSAL CONTENT and FORMAT
Proposers shall organize and submit their proposal package as follows:
1. Letter of Transmittal, which shall include the following information:
a. Name, address, telephone number, e-mail of proposer. b. Name, telephone number and e-mail of primary contact. c. Signature of the officer or employee with authority to bind proposer. d. Date of the proposal.
e. A statement that the Proposer, if awarded the contract, will comply with all terms and conditions set forth in this RFP.
f. A statement that the Proposer will, if not already done so, obtain a business license with the City of Manteca prior to start of work, if awarded the contract. g. A statement that proposal is valid for ninety (90) days after the deadline for submission of proposals.
2. Technical Approach to Scope of Services
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a. One page narrative describing proposer’s business philosophy and how the services will be provided or what tasks will be performed in response to the Scope of Work. The scope of work indicates "what" the proposer is required to do; the description of services should indicate "how" the offeror intends to perform the services.
3. Experience, Qualifications and References
a. One page narrative describing the history of proposer’s company and the geographic areas served. Discuss prior experience and qualifications related to accomplishing the scope of work. This portion of the proposal should demonstrate the extent to which the proposer is qualified to perform the specific services contained in the RFP.
b. One page listing references of at least three (3) projects of similar size and scope of services as this RFP. Include organization name, primary contact name, address and telephone number, time and date of services provided, specific services provided, and dollar values of contract.
4. Proposer’s Staff
a. Identify the individuals by name and title who will be assigned to work specifically on this contract.
b. Provide background information on each of the individuals, including experience, training, and references.
c. Statement certifying that any employee assigned to work specifically at the Transit Center has or will pass a criminal background check. The Proposer will be responsible for payment of all background checks and security screenings.
5. Proposer Information Form - Appendix C
6. Cost Proposal Pricing Sheet – Appendix E
a. The Fee Schedule is subject to negotiation and must be valid through duration of the contract.
b. Proposer Pricing Sheet shall list any and all costs charged by the Proposer for their services for Years 1-3.
c. Price Proposals must be submitted on Appendix E provided. All prices and notations must be in ink or typewritten. Mistakes may be crossed out and corrections typed or written with ink adjacent thereto; and all corrections must be initialed in ink by the person signing the Proposal Pricing Sheet.
B. PROPOSAL REVIEW AND EVALUATION
1. Proposals received in a timely manner will be evaluated by an evaluation team established by the City’s Transit Manager. The City’s evaluation team will examine all proposals to ascertain responsiveness and responsibility to the provisions of the Scope of Services in this RFP.
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2. A proposal that does not contain the items or respond to the specified scope of services herein shall be considered non-responsive and such proposal shall be rejected.
3. Determination of Proposer responsibility shall be based upon evidence of adequate financial and technical capacity to undertake the project and satisfactory performance in previous contracts.
4. The Transit Manager, or designee, may initiate discussions with Proposers who submit responsive or potentially responsive proposals for clarifying aspects of the proposal.
However, proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Proposers.
5. The City’s evaluation team will use a Best Value selection process in which proposals will be evaluated by both price and qualitative components, and award of the contract is based on a combination of price and the following qualitative considerations:
i. Technical approach to perform janitorial services as described in the Scope of Services.
ii. Experience, Qualifications and References of the proposed personnel to perform the work.
C. NOTICE OF AWARD/CONTRACT DOCUMENTS
1. The contract for Janitorial Services at the Manteca Transit Center will be executed as soon as practical after the contract award is approved by City Council (tentatively scheduled for August 16, 2023). The Transit Manager or designee will notify successful proposer in writing after the contract is approved for award and execution.
2. Upon full execution of contract documents and verification of required licenses and certificates, the City and successful Janitorial Contractor shall work cooperatively to establish a start date and time that is mutually beneficial to both parties. It is the City’s intent to enter into a contract with a contractor for a term of three (3) years, with two (2) one-year options.
D. PROTEST PROCEDURES
1. In accordance with the City’s Transit Procurement Policy, the procedures established hereunder shall be available to contractors for the purpose of handling and resolving disputes relating to procurements hereunder. A protestor must exhaust all administrative remedies hereunder before pursuing a protest in any court of law.
2. The protest shall include, at a minimum, but not be limited to:
• The name and address of the protesting party and its relationship to the procurement.
• Identity of the contact person for the protestor, including name, title, address, telephone, and e-mail addresses. If the contact point is a third party representing the protester, the same information must be provided, plus a statement defining the relationship between the protester and the third party. • Identification of the procurement.
• A description of the nature of the protest, referencing the portion(s) of the solicitation involved.
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• Identification of the provision(s) of any law, regulation, or other governance upon which the protest is based.
• A complete discussion of the basis for the protest, including all supporting facts, documents or data.
• A statement of the specific relief requested.
Protest Prior to Proposal Opening - Any contractor may file a written protest of the procurement procedures involved in any request for bid or proposal with the City’s Transit Manager within ten (10) working days of the date of bid/proposal submission. The Transit Manager will respond to all protests within five (5) working days of the date of protest submission. Protests shall be submitted to the following:
Juan Portillo, Transit Manager
City of Manteca
1001 W. Center Street, Manteca, CA 95337
[email protected]
4. Protest after Proposal Opening/Announcement of Award - Any contractor may file a written protest of the procurement procedures involved in any request for bid or proposal with the City’s Transit Manager within five (5) working days of the announcement of award. The Transit Manager will respond to all protests within ten (10) days of the date of protest submission.
5. Appeal to FTA - The protester must exhaust its administrative remedies by pursuing the City’s protest procedures to completion before appealing the recipient’s decision to FTA.
The protester must deliver its appeal to the FTA Regional Administrator for Region 9 or the FTA Associate Regional Administrator for the program office administering its project within five (5) working days of the date when the protester has received actual or constructive notice of the City’s final decision. Likewise, the protester must provide its appeal to the FTA Regional Administrator for Region 9 or the FTA Associate Regional Administrator for the program office administering its project within five (5) working days of the date when the protester has identified other grounds for appeal to FTA. For example, other grounds for appeal include the City‘s failure to have or failure to comply with its protest procedures or failure to review the protest.
END
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Appendix A
Transit Center Floor Plan/Layout
Color Area Tasking
Yellow Lobby, Hallway, and Public Restrooms Daily Tasks and Intermittent Tasks
Pink Kitchen and Community Rooms Intermittent and Kitchen Tasks
Blue Administrative Area Daily Tasks and
Intermittent Tasks
White Storage and AV Areas Not Included in Tasks
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Appendix B
Federal Provisions
As a recipient of federal funds, the City is required to ensure compliance with all applicable federal provisions in the procurement process. Therefore, the Janitorial Contractor shall comply with the following Federal Transit Administration (FTA) requirements. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
1. Incorporation of FTA Terms - The following provisions include, in part, certain Standard Terms and Conditions required by the Federal Transit Administration (FTA), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by the US Department of Transportation, as set forth in FTA Circular 4220.1F are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement.
The Janitorial Contractor shall not perform any act, fail to perform any act, or refuse to comply with any Agency requests which would cause Agency to be in violation of the FTA terms and conditions.
2. No Government Obligation to Third Parties - The City and the Janitorial Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation of this underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this underlying Contract and shall not be subject to any obligations or liabilities to the City, Janitorial Contractor or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the underlying Contract. The Janitorial Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
3. Program Fraud and False or Fraudulent Statements or Related Acts - The Janitorial Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31, apply to its actions pertaining to this Project. Upon execution of the underlying Contract, the Janitorial Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Janitorial Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Janitorial Contractor to the extent the Federal Government deems appropriate.
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The Janitorial Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Janitorial Contractor, to the extent the Federal Government deems appropriate.
The Janitorial Contractor agrees to include the above two paragraphs in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
4. Access to Records and Reports –
a. Records Retention. The Janitorial Contractor will retain and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, leases, subcontracts, arrangements, other third party contracts of any type, and supporting materials related to those records. b. Retention Period. The Janitorial Contractor agreesto comply with the record retention requirements in accordance with 2 C.F.R. § 200.334. The Janitorial Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c. Access to Records. The Janitorial Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract in accordance with 2 CFR § 200.337. d. Access to the Sites of Performance. The Janitorial Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract in accordance with 2 CFR § 200.337.
5. Civil Rights Laws and Regulations - Under this Contract, the Janitorial Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.
a. Federal Equal Employment Opportunity (EEO) Requirements: The City is an Equal Opportunity Employer. As such, the City agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the City agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. b. Nondiscrimination: In accordance with Federal transit law at 49 U.S.C. § 5332, the Janitorial Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In ATTACHMENT 3
addition, the Janitorial Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. c. Race, Color, Religion, National Origin, Sex: In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Janitorial Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Janitorial Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Janitorial Contractor agrees to comply with any implementing requirements FTA may issue.
d. Age: In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 CFR part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 CFR part 90, and Federal transit law at 49 U.S.C. § 5332, the Janitorial Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Janitorial Contractor agrees to comply with any implementing requirements FTA may issue.
e. Disabilities: In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Janitorial Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Janitorial Contractor agrees to comply with any implementing requirements FTA may issue. f. Americans with Disabilities Act (ADA): The Janitorial Contractor agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. In addition, the Janitorial Contractor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, U.S. GSA, U.S. EEOC, U.S. FCC, ATTACHMENT 3
any subsequent amendments thereto and any other nondiscrimination statute(s) that may apply to the Project.
g. Promoting Free Speech and Religious Liberty: The Janitorial Contractor shall ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.
6. Equal Employment Opportunity - During the performance of this contract, the Janitorial Contractor agrees as follows:
a. The Janitorial Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Janitorial Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action 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. The Janitorial Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. b. The Janitorial Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Janitorial Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
c. The Janitorial Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Janitorial Contractor's legal duty to furnish information.
d. The Janitorial Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
e. The Janitorial Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
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f. The Janitorial Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. g. In the event of the Janitorial Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Janitorial Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
h. The Janitorial Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Janitorial Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Janitorial Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Janitorial Contractor may request the United States to enter into such litigation to protect the interests of the United States.
7. Notice to Third Party Participants - Federal requirements that apply to the City or the Award, the accompanying Underlying Agreement, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the City’s Underlying Agreement including any information incorporated by reference and made part of that Underlying Agreement; and applicable changes to those federal requirements will apply to each Third Party Agreement and parties thereto at any tier.
8. Federal Termination Rights - The termination rights under this Agreement are in addition to, and in no way limit, the Federal Government’s right to terminate as described in 2 CFR § 200.340.
9. Government-Wide Debarment and Suspension - Debarment, Suspension, Ineligibility and Voluntary Exclusion: The Janitorial Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Non-procurement Suspension and Debarment,” 2 CFR part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government-Wide Debarment and Suspension (Non-procurement),” 2 CFR part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Janitorial Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or the City to be:
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a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in any federally assisted Award.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the City. If it is later determined by the City that the Janitorial Contractor knowingly rendered an erroneous certification, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Janitorial Contractor agrees to comply with the requirements of 2 CFR part 180, subpart C, as supplemented by 2 CFR part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The Janitorial Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.
10. Energy Conservation - The Janitorial Contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C.§ 6201).
11. Incorporation of FTA Terms - The provisions within include, in part, certain Standard Terms and Conditions required under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR § 200), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, detailed in 2 CFR § 200 or as amended by 2 CFR § 1201, or the most recent version of FTA Circular 4220.1 are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Janitorial Contractor shall not perform any act, fail to perform any act, or refuse to comply with any request which would cause a violation of the FTA terms and conditions.
12. No Government Obligation to Third Parties - The City and Janitorial Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the City, Janitorial Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Janitorial Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
13. Notification to FTA - If a current or prospective legal matter that may affect the Federal Government emerges, the City must promptly notify the FTA Chief Counsel and FTA Regional ATTACHMENT 3
Counsel for the Region in which the City is located. The City must include a similar notification requirement in its Third Party Agreements (Janitorial Contractor) and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220. a. The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.
b. Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
c. The City must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the City is located, if the City has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the City and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Participant (Janitorial Contractor) of the City. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the City.
14. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment – The City and its contractors are prohibited from obligating or expending loan or grant funds to:
a. Procure or obtain;
b. Extend or renew a contract to procure or obtain; or
c. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). o For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
o Telecommunications or video surveillance services provided by such entities or using such equipment.
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o Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
d. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. See Public Law 115-232, section 889 for additional information. See also § 200.471.
15. Prompt Payment - The Janitorial Contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work. In addition, the contractor is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed. The Janitorial Contractor must promptly notify the Agency, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the Agency.
16. Termination for Convenience (General Provision) - The City may terminate this contract, in whole or in part, at any time by written notice to the Janitorial Contractor when it is in the City’s best interest.
The Janitorial Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Janitorial Contractor shall promptly submit its termination claim to the City. If the Janitorial Contractor has any property in its possession belonging to City, the Janitorial Contractor will account for the same, and dispose of it in the manner Agency directs.
17. Termination for Default [Breach or Cause] (General Provision) - If the Janitorial Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Janitorial Contractor fails to comply with any other provisions of the contract, the Agency may terminate this contract for default. Termination shall be effected by serving a Notice of Termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Janitorial Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Janitorial Contractor, the City, after setting up a new delivery ATTACHMENT 3
of performance schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience.
18. Opportunity to Cure (General Provision) - The City, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to City’ssatisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [10 days] after receipt by Contractor of written notice from Agency setting forth the nature of said breach or default, Agency shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude Agency from also pursuing all available remedies against Contractor and its sureties for said breach or default.
19. Waiver of Remedies for any Breach - In the event that Agency elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by Agency shall not limit Agency’s remedies for any succeeding breach of that or of any other covenant, term, or condition of this contract.
20. Termination for Convenience (Professional or Transit Service Contracts) - The City, by written notice, may terminate this contract, in whole or in part, when it is in the Agency’s interest. If this contract is terminated, the Agency shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.
21. Violation and Breach of Contract
a. Disputes: Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the agency. This decision shall be final and conclusive unless within [10] days from the date of receipt of its copy, the Janitorial Contractor mails or otherwise furnishes a written appeal to the City’s authorized representative. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the agencies authorized representative shall be binding upon the Contractor and the Contractor shall abide be the decision.
b. Performance During Dispute: Unless otherwise directed by the City’s authorized representative, the Janitorial Contractorshall continue performance under this contract while matters in dispute are being resolved.
c. Claims for Damages: Should either party to the contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.
d. Remedies: Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the agencies authorized representative and contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the ATTACHMENT 3
parties mutually agree, or in a court of competent jurisdiction within the State in which the Agency is located.
e. Rights and Remedies: Duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Agency or contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
22. Trafficking in Persons - The Janitorial Contractor agrees that it and its employees that participate in the City’s Award, may not:
a. Engage in severe forms of trafficking in persons during the period of time that the City’s Award is in effect;
b. Procure a commercial sex act during the period of time that the City’s Award is in effect; or c. Use forced labor in the performance of the City’s Award or subagreements thereunder.
23. Federal Tax Liability and Recent Felony Convictions – The Janitorial Contractor certifies that it:
a. Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
b. Was not convicted of the felony criminal violation under any Federal law within the preceding 24 months.
c. If the contractor cannot so certify, the City will refer the matter to FTA and not enter into any Third Party Agreement with the Third Party Participant without FTA’s written approval. d. Flow-Down. The City agrees to require the Janitorial Contractor to flow this requirement down to participants at all lower tiers, without regard to the value of any subagreement.
24. Severability - The Janitorial Contractor agrees that if any provision of this agreement or any amendment thereto is determined to be invalid, then the remaining provisions thereof that conform to federal laws, regulations, requirements, and guidance will continue in effect.
25. Substance Abuse Requirements - The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. part 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency, or Agency, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process. The Contractor agrees further to certify annually its compliance with part 655 and to submit the Management Information System (MIS) reports to the Agency.
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APPENDIX C
Proposer Information Form
General Information
Business Name:
Business Type: ☐ Corporation (State of Incorporation:_____ ) ☐ Partnership ☐ Sole Proprietorship ☐ Other: ____________
Business Federal Tax ID Number: _________________
Corporate Headquarters
Address: _________________________________________________________________ Local Office (If Applicable)
Address: _________________________________________________________________ Authorizing Contact
Name: ________________________________ Title: ____________________________ Telephone: ___________________________ Fax: __________________________ Email: ___________________________________________________________________ Primary Contact
Name: ________________________________ Title: ____________________________ Telephone: ___________________________ Fax: __________________________ Email: ___________________________________________________________________ ATTACHMENT 3
APPENDIX D
Insurance Requirements
Prior to execution of the contract, all contractors, and service providers shall procure and maintain, at their own cost and expense for the duration of their contract with the City, appropriate insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services. Any insurance proceeds available to city in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City.
Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverage required and an additional insured endorsement to the contract are required. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under the contract and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by the contractor or service provider or deducted from sums due the contractor, or service provider, at the City’s option.
Minimum Limits of Insurance: Coverage shall be at least as broad as:
Commercial General Liability
• Commercial General Liability Insurance with $2,000,000 minimum limit per occurrence. • If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
• Commercial General Liability Additional Insured Endorsement naming the following as insured in 2001 or earlier issued endorsement forms: “City of Manteca, its officers, officials, employees, agents, and volunteers”.
Automobile Liability
If the vehicles are brought onto city facilities, covering any auto, or of Contractor has no owned autos, hired,
and non-owned autos, the Contractor shall maintain automobile liability with limits no less than:
• Automobile Liability Insurance with $1,000,000 minimum limit per accident for bodily injury and property damage.
• Automobile Liability Additional Insured Endorsement naming the following as additional insured: “City of Manteca, its officers, officials, employees, agents, and volunteers”.
Worker’s Compensation
As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
ATTACHMENT 3
Professional Liability (Errors and Omissions)
Insurance appropriates to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Manteca, its officers, officials, employees, agents and volunteers are to be covered as insured’s as respect to: liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 and CG 20 37 if completed operations coverage is required.
2. For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers, shall be excess of the Consultant’s insurance and shall not contribute with it.
3. The applicant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City of Manteca.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Entity before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Manteca reserves the right to require complete, certified copes of all required insurance policies, including endorsements required by these specifications, at any time.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Manteca.
Waiver of Subrogation
Consultant hereby grants to The City of Manteca a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under ATTACHMENT 3
such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that The City of Manteca is an additional insured on insurance required from subcontractors.
SPECIAL RISKS OR CIRCUMSTANCES
The City of Manteca reserves the right to modify these requirements based on the nature of the risk, prior events, insurance coverage, or other special circumstances.
ATTACHMENT 3
APPENDIX E
PROPOSAL PRICING SHEET (YEARS 1-3)
1. ALL DAILY TASKS (Sunday-Friday) Monthly Rate $
2. ALL INTERMITTENT TASKS 1 Monthly Rate $
3. ALL INTERMITTENT TASKS 2 Monthly Rate $
TOTAL MONTHLY RATE: $
4. ALL KITCHEN TASKS As NeededRate Per Month $
5. INTERMITTENT TASKS 2 As Needed Rate Per Month $
6. ALL QUARTERLY TASKS Quarterly Rate $
City License Number (If Obtained):
Company Name:
Address:
E-Mail:
SubmittedBy:
Phone Number
Signature Print Name
Title: Date:
PLEASE LIST ANY SERVICES THAT WOULD INVOLVE EXTRA CHARGES
SERVICE EXTRA CHARGE
$
$
$
ATTACHMENT 3
APPENDIX F
REQUIRED FORM
ADDENDUM RECEIPT
(PROPOSER) acknowledges it has received and
read all of the following Addenda:
for Manteca Transit Center:
Addendum # Signature
Addendum # Signature
Addendum # Signature
Addendum # Signature
Addendum # Signature
Addendum # Signature
Signature Date
Title Company Name
ATTACHMENT 3
APPENDIX G
GENERAL SERVICE AGREEMENT
ATTACHMENT 3
GENERAL SERVICE AGREEMENT
This Agreement is made and entered into this ____ day of _________, 20__, by and between the CITY OF MANTECA, a public body, corporate and politic ("City") and _____________, a ___________ corporation ("Consultant").
RECITALS
Consultant is specially trained, experienced, and competent to perform the professional services required by this Agreement.
Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions specified herein.
City desires to retain Consultant to render the professional services set forth in this Agreement.
AGREEMENT
Scope of Services. Consultant shall perform the __________ services described in the attached Attachment 1 that is incorporated by this reference, and pursuant to the Proposal submitted by Consultant dated ______, and attached hereto as Attachment 2. Consultant shall provide these services at the time, place, and in the manner specified in Attachment 1, subject to the direction of the City through its staff that may be provided from time to time. Performance of the ______ services is sometimes referred to herein as “the Project.”
2. Work Through City Staff. Consultant shall perform its services pursuant to this Agreement solely through City staff. No communications, information or documentations shall be made directly to any applicant to the City without the prior written consent of the City. This shall not apply to the sole request of information or clarification of information by Consultant from the applicant. All requests shall be noted to City in an expeditious manner.
3. Time of Performance. Consultant’s services will commence upon execution of this Agreement and shall be completed in accordance with the Schedule of Activities, attached hereto as Attachment 3. The term of this Agreement (Agreement Term) shall be for a base term of 3 years with two (2) one-year optional extensions. All work shall be completed no later than _______________. Failure to submit work products in accordance with the Schedule of Activities may result in the City withholding progress payments. Repeated failure to complete work products in accordance with the Schedule of Activities may result in a reduction of the total compensation provided for in Section 4 herein.
4. Compensation. Without additional authorization from the City, compensation to be paid to Consultant shall not exceed _______________DOLLARS ($______). Payment by City under this Agreement shall not be deemed a waiver of any defects, even if those defects were known to the City at the time of payment.
ATTACHMENT 3
5. Method of Payment. Consultant shall submit monthly billings to City specifying and describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours expended and by whom, and a description of any reimbursable expenditures. Full payment of each task will only be made at such time as each task is completed.
City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.
Payments may be delayed by City if Consultant fails to provide services in accordance with the Schedule of Activities, unless the City has provided prior written consent to any delay in the schedule.
6. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, the term "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without the City’s prior written authorization.
7. Termination. This Agreement may be terminated by the City immediately for cause, or by either party without cause upon 15 days’ prior written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination upon submittal of an invoice for same.
8. Ownership of Documents; Confidentiality.
All plans, studies, documents, and other writings prepared by and for Consultant, its officers, employees, agents, and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of City upon payment to Consultant for such work. City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request by City. Consultant shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose.
All memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. These materials shall not, without the City’s prior written consent, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall these materials be disclosed to any person or entity not connected with the performance of services under this Agreement. Nothing furnished to Consultant that is otherwise known to Consultant, or is generally known, or has become known to the related profession shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to the Project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production, or other similar medium without the City’s prior written consent.
ATTACHMENT 3
9. Consultant's Books and Records.
A. Consultant shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City, for a minimum period of three years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement.
B. Consultant shall maintain all records that document performance under this Agreement for a minimum period of three years, or for any longer period required by law, from the date of termination or completion of this Agreement.
Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address specified in Section 16 of this Agreement.
Where City has reason to believe that records or documents may be lost or discarded due to the dissolution or termination of Consultant's business, City may, by written request, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to these records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest.
10. Independent Contractor. In the performance of the work and services required by this Agreement, Consultant shall act as and be an independent contractor and not an agent, or employee of the City. Consultant shall obtain no rights to retirement or other benefits that accrue to City's employees, and Consultant expressly waives any claim it may have to any such rights.
11. Interest of Consultant.
A. Consultant represents that neither it nor any employee has any investment or interest in real property, and shall not acquire any such interest, direct or indirect, within the area covered by this Agreement, or any other source of income, interest in real property, or investment that would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further represents that, in the performance of its duties hereunder; no person having any such interest shall perform any services under this Agreement.
B. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City, or of any City official, other than normal Agreement monitoring; and
ATTACHMENT 3
possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant.
A. City is relying upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
B. The primary provider of the services required by this Agreement shall be ______________. A list of other individuals assigned to the Project will be provided to City for its review and approval, and these individuals shall not be replaced without the City’s prior written consent.
13. Compliance with Laws. Consultant shall use the customary standard of care in its profession to comply with all applicable federal, state, and local statutes, codes, ordinances, and regulations.
14. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals that are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance, and approvals that are legally required of Consultant to practice its profession.
15. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers, from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith), arising out of Consultant’s performance of this Agreement, or Consultant’s failure to comply with any of its obligations contained in this Agreement; excluding, however, any claim arising out of the active negligence or willful misconduct of the City, its officers, agents, employees, or volunteers.
16. Insurance Requirements.
A. Job specific insurance requirements can be found on the attached Attachment 4.
Other insurance provisions can be found below:
B. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an A.M. Best's rating of no less than A:VII and shall be endorsed with language substantially as follows:
(1) The City, it’s elected and appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of ATTACHMENT 3
the Consultant, including materials, parts, or equipment furnished in connection with such work.
(2) The policy shall be considered primary insurance as respects the City, its elected and appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. (3) The insurance shall apply to each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. (4) The insurer waives all rights of subrogation against the City, its elected and appointed officers, officials, employees, and agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officers, officials, employees, agents, or volunteers.
(6) The insurance provided by the policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after 30 days written notice has been received by the City.
(7) The City will not accept any endorsements that were issued in 2004. Acceptable endorsement forms are CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of those deductibles or self-insured retentions.
D. Certificates of Insurance. Consultant shall provide to City certificates of insurance with original endorsements as evidence of the required insurance coverage. Certificates of insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Manteca
1001 W. Center Street
Manteca, CA 95337
Attention: _______________
ATTACHMENT 3
If to Consultant: ________________________
________________________
________________________
Attention: _______________
18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in their entirety by this Agreement.
19. Amendments. This Agreement may be amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant. Assignments of any or all rights, duties, or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay any monies due to any such subcontractor other than as may be required by law.
21. Waiver. Waiver of any breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach or default of the same or any other provision under this Agreement.
22. Severability. If any provision of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
23. Controlling Law; Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California, and any legal action relating to this Agreement shall take place in the Superior Court, County of San Joaquin.
24. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
25. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected ATTACHMENT 3
by JAMS, and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy has been signed by both parties.
27. Authority to Enter Agreement. Consultant warrants that it has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants to the other that the signatories to this Agreement have the legal power, right, and authority to enter into this Agreement and to bind each party.
28. Prohibited Interests.
A. Consultant warrants that it has not employed or retained any person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.
Further, Consultant warrants that it has neither paid nor agreed to pay any person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For any breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
B. For the term of this Agreement, no member, officer, or employee of City, during the period of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
29. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
30. Precedence. In case of conflict between Consultant’s Proposal/Consultant’s attachments and the City’s Agreement/City’s attachments, the City’s Agreement and City’s attachments shall take precedence over Consultant’s proposal/Consultant’s attachments.
ATTACHMENT 3
This Space Purposely Left Blank
ATTACHMENT 3
TO EFFECTUATE THIS AGREEMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.
CITY OF MANTECA: CONSULTANT:
_________________________________ ___________________________________ Toni Lundgren (Type name of Consultant/form of organization)* City Manager
ATTEST: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Cassandra Candini-Tilton, (Type name and title)
Director of Legislative Services
COUNTERSIGNED: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Jared Hansen, (Type name and title)
Deputy Director of Finance
COUNTERSIGNED: Address: ____________________________
_________________________________ ____________________________ Dawn Cortesi,
Interim Director of Human Resources Telephone: ____________________________ APPROVED AS TO FORM:
_________________________________
Daniella Green,
Assistant City Attorney
ATTACHMENT 3
ATTACHMENT 1
REQUEST FOR PROPOSAL
ATTACHMENT 3
ATTACHMENT 2
CONSULTANT’S PROPOSAL
ATTACHMENT 3
ATTACHMENT 3
SCHEDULE OF ACTIVITIES
ATTACHMENT 3