Agenda packet — Orange City Council, June 25, 2024 (part 4 of 4)

4. Can you further elaborate the service needs that will be required for the Old Towne West Metrolink, we note 3 different options? What determines the options the City will go based on? What were the service needs for this location for the most part for fiscal year 2022 to get an idea of the total hours approximately used at this site based on the Option selection?
The scope of services is listed in the request for proposal and they are the same for the 3 different options. The security needs and available budget will determine the option. The 2022 services were between 4 and 6 hours per day.

5. Who is your current contractor and for how long have they been on contract? Lyons Security Service, Inc. They have been on contract with the City since July 1, 2020.

6. What are the current Billing rates?
$26.39 Hourly; $39.58 Holidays Hourly

7. What was the total annual cost for last year’s services? $299,345.51

8. Electronic log to be provided to the city will be required, we note the format example presented, however can you confirm if we are able to use our Report format as long as we provide the details requested?
The electronic log format presented in the RFP was just an example. The City is open to the selected vendor providing their own formatted electronic log so long as it is legible and easy for City staff to read. If awarded contract, vendor may supply the City with alternative electronic log format for consideration.

9. Attachment 3 Scope of Work: For the HRC assigned guard, is vehicle required for this site?
No, a company vehicle is not required. Assigned guard at HRC is stationed at that one location the whole shift.

10. Attachment 6 Scope of work: For the Old Towne Parking Structure assigned guard, will vehicle be required for this site?
Yes.

11. Can you provide an example of the current route used for the Orange Parks aligned with the attachment 4 system inventory?
Current contractor created 12 different security patrol routes based upon City needs.

Selected routes are assigned to patrol guards on a nightly basis. Examples of current routes are not available.
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Page 3 ends

12. Is there a current service provided at the Orange Senior Center? No.

13. In the proposal Cost sheet: Will the hourly guard rate include vehicle cost? Yes. Per the Proposal Cost Sheet included in the RFP, hourly rates shall include all profit, overhead, and related costs of service.

14. Do patrol guards require special equipment to provide security service? No.

Respectfully Submitted,
Ashlie Valencia
City of Orange
Administrative Assistant
[email protected]
714-744-5598
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RFP 23-24.21 City Parks and Facilities Private Security Patrol

PROPOSAL COST
SHEET
Date: _12-11-2023
Proposal Submitted by: Lyons Security Service, Inc.

Address: 505 S. Villa Real Drive Anaheim, CA 92807
Phone Number: (949) 298-6859
E-mail Address: [email protected]
Contact Name: Craig Friesen
Signature of Responsible Officer or Employee Print Name COST PROPOSAL: Hourly rates shall include all profit, overhead, and related costs of service.

Year 1 Year 2 Year 3 Year 4
Community Services Department – Parks and Facilities
Hourly Rate per Guard (Day
Shift)
Hourly Rate Per Guard (Night
Shift)
Hourly Rate per Guard
(Holidays- Day Shift)
Hourly Rate per Guard
(Holidays- Night Shift)
Annual Cost for 2 Guards 6
hrs. per night 365 days per
year
List Day Shift Hours (From: _______________ to ________________) List Night Shift Hours (From: _______________ to ________________) Public Works Department – Old Town West Metrolink Parking Structure Option 1 – 4 hours (1 guard)
Option 2 – 6 hours (1 guard)
Option 3 – 8 hours (1 guard)
$31.77
$140,678.04
$47.66
$47.66
Craig Friesen
$31.77
$32.56
$48.84
$48.84
$32.56 $33.37 $34.20
$33.37 $34.20
$50.05
$50.05 $51.30
$51.30
$144,194.99 $147,799.86 $151,494.85
9:00 A.M. 4:00 P.M.
11:00 P.M. 5:00 A.M.
$31.77
$31.77
$31.77
$32.56
$32.56
$32.56
$33.37 $34.20
$33.37 $34.20
$33.37 $34.20
731
List Day Shift Hours (From: _______________ to ________________) List Night Shift Hours (From: _______________ to ________________)

NAME AND TITLE OF AUTHORIZED SIGNATORY
Name: Craig Friesen
Title: Chief Operations Officer
Signature: ____________________________________________________ Date: December 11, 2023
11:00 P.M. 5:00 A.M.
9:00 A.M. 4:00 P.M.
732
733
Exhibit B
Lyons Security Services, Inc. Compensation Schedule
Parks - Community Services
Year 1 $154,745.84
Year 2 $158,614.49
Year 3 $162,579.85
Year 4 $166,644.34
SUBTOTAL: $642,584.51
Old Town Metrolink Parking Structure - Public Works
Year 1 $92,768.40
Year 2 $95,075.20
Year 3 $97,440.40
Year 4 $99,864.00
SUBTOTAL: $385,148.00
TOTAL COMPENSATION: $1,027,732.51
734
Agenda Item
City Council
Item #: 10.4. 6/25/2024 File #: 24-0360
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with Nieves Landscape, Inc. for City parks and Santiago Creek Bike Trail landscape maintenance services.

2. SUMMARY
A four-year agreement to provide landscape maintenance services at 22 City parks and the City owned sections of the Santiago Creek Bike Trail for a four-year total not to exceed $4,291,692.17.

Year one of the agreement is in the amount not to exceed $1,041,267.15.

3. RECOMMENDED ACTION
Approve four-year agreement with Nieves Landscape, Inc. in an amount not to exceed $4,291,692.17 for landscape maintenance services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $4,291,692.17 and will be funded through General Fund (100):
100.7022.51420.00000 Maintenance Contracts

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.

Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.

6. DISCUSSION AND BACKGROUND
Background
The Community Services Department utilizes contract services to maintain landscape for 22 City parks as well as sections of the Santiago Creek Bike Trail. The current scope of work includes landscape maintenance such as, mowing, edging, trimming, cleaning, fertilization, and debris/trash removal, to name a few. The current four-year agreement for landscape maintenance services City of Orange Page 1 of 2 Printed on 6/20/2024
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Item #: 10.4. 6/25/2024 File #: 24-0360
expires June 30, 2024, requiring the City to enter into a new agreement beginning July 1, 2024.

Discussion
The City advertised a Request for Proposals (RFP) on February 22, 2024, (RFP 23-24.33) and proposals were due on March 28, 2024. Six proposals were received. Staff evaluated the proposals based on the firm’s experience, overall qualifications, record of success on previous projects, and overall responsiveness to the RFP. Proposal cost sheets were submitted in separate sealed envelopes and reviewed after the rating process was complete. A Proposal Abstract Summary (Attachment 1) is attached for reference.

Nieves Landscape, Inc. (Nieves), the City’s current vendor, received the highest score (97 out of 100). Factors that contributed to the rating for Nieves include the education, licenses, and certifications of their key employees and the number of years the vendor has been performing similar work for municipalities
Additionally, the City has contracted with Nieves for landscape services over the last several years.

Nieves has demonstrated their ability to provide satisfactory customer service and acceptable work.

Staff verified the qualifications of the vendor with references provided for similar municipal landscape maintenance services and received positive responses. It is recommended the Council award a new four-year agreement to Nieves.

Nieves’ total cost proposal for four years is $3,901,538.34. This is the lowest cost proposal received and considered competitive. The agreement is for four years and proposes a not-to-exceed amount of $4,291,692.17, which includes a 10 percent contingency of $390,153.83 for unplanned landscape maintenance and repairs. This amount includes reduced services, per Council direction, such as a reduction in the quality of the chosen fertilizer applied throughout the parks. It also includes trash collection at the expanded Olive Park Parking Lot.

The total expenditure will be funded through General Fund (100). Including a 10 percent contingency, the annual cost for the first year of the agreement would be $1,041,267.15. Funding for the remaining three years of the agreement is dependent upon City Council approval of the annual budget through Fiscal Year 2027-2028. If funds are not budgeted, the agreement can be terminated or reduced to meet that year’s allocation.

7. ATTACHMENTS
· Proposal Abstract Summary
· Agreement with Nieves Landscape, Inc.

City of Orange Page 2 of 2 Printed on 6/20/2024
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Agenda Item
City Council
Item #: 10.4. 6/25/2024 File #: 24-0360
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with Nieves Landscape, Inc. for City parks and Santiago Creek Bike Trail landscape maintenance services.

Year one of the agreement is in the amount not to exceed $1,041,267.15.

4. FISCAL IMPACT
The total expenditure for this agreement is $4,291,692.17 and will be funded through General Fund (100):
100.7022.51420.00000 Maintenance Contracts

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.

Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.

6. DISCUSSION AND BACKGROUND
Background
The Community Services Department utilizes contract services to maintain landscape for 22 City parks as well as sections of the Santiago Creek Bike Trail. The current scope of work includes landscape maintenance such as, mowing, edging, trimming, cleaning, fertilization, and debris/trash removal, to name a few. The current four-year agreement for landscape maintenance services City of Orange Page 1 of 2 Printed on 6/20/2024
powered by Legistar™737
Item #: 10.4. 6/25/2024 File #: 24-0360
expires June 30, 2024, requiring the City to enter into a new agreement beginning July 1, 2024.

Nieves has demonstrated their ability to provide satisfactory customer service and acceptable work.

7. ATTACHMENTS
· Proposal Abstract Summary
· Agreement with Nieves Landscape, Inc.

City of Orange Page 2 of 2 Printed on 6/20/2024
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Proposal Abstract Summary
Landscape Services for City Parks
RFP 23-24.33
Date Advertised: 02/22/2024
Bid Due Date: 04/04/2024
Azteca Landscape
Brightview
Landscape Services,
Inc.

SLA
Merchants
Landscape Services,
Inc.

Mariposa
Landscapes, Inc.

Nieves Landscape,
Inc. Company/
Contractor
City (Location of
Company) Corona, CA Anaheim, CA South Gate, CA Santa Ana, CA Irwindale, CA Santa Ana, CA

AVERAGE OVERALL
SCORES
31 91 44 95 95 97
Proposal Amount
Total $ 7,509,823.76 $ 4,248,273.41 $ 4,392,600.00 $ 4,505,791.47 $ 6,320,556.00 $ 4,128,612.00 739
740
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742
743
744
745
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
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765
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767
768
769
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771
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781
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832
833
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838
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840
841
842
843
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847
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849
850
851
852
853
854
855
856
857
858
859
860
861
862
863
864
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866
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869
870
871
872
873
874
875
876
877
878
879
880
881
882
883
884
885
886
887
888
889
890
891
892
893
894
895
896
897
898
899
900
901
902
903
904
905
906
907
908
909
910
911
912
913
914
915
916
917
918
919
920
921
922
923
924
925
926
927
928
929
930
931
Base Bid Contingency Total
$ 946,606.50 $ 94,660.65 $ 1,041,267.15
$ 965,544.30 $ 96,554.43 $ 1,062,098.73
$ 984,856.32 $ 98,485.63 $ 1,083,341.95
$ 1,004,531.22 $ 100,453.12 $ 1,104,984.34
$ 4,291,692.17
Year 1: 7/2024 through 6/2026
Year 1: 7/2024 through 6/2027
Year 1: 7/2024 through 6/2028
Total Compensation Up to
Compensation for Nieves Landscape, Inc.

Landscape Maintenance Services for City Parks (RFP 23-24.33) Four Year Term
July 1, 2024 through June 30, 2028
Year 1: 7/2024 through 6/2025
932
Agenda Item
City Council
Item #: 10.5. 6/25/2024 File #: 24-0359
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Award of Contract to Merchants Building Maintenance, Inc. for custodial services of City parks and facilities.

2. SUMMARY
A four-year contract to provide custodial services to City park restrooms, community buildings, concession buildings, and Senior Center for a four-year total not to exceed $1,518,670.76. Year one of the contract is in the amount not to exceed $363,919.03.

3. RECOMMENDED ACTION
Approve the contract with Merchants Building Maintenance, Inc. in the total amount of $1,518,670.76, for custodial services of City parks and facilities; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this contract is $1,518,670.76 and will be funded through General Fund (100):
100.7022.51420.00000 Maintenance Contracts

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.

Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.

6. DISCUSSION AND BACKGROUND
Background
The Community Services Department utilizes contract services for custodial services at the various park restrooms, community buildings, concession buildings, Senior Center, Hart Park Pool building, and the Grijalva Sports Center. Custodial services are vital in providing clean, safe, and accessible facilities and buildings to patrons.

The current four-year contract for custodial services expires June 30, 2024, requiring the City to enter City of Orange Page 1 of 2 Printed on 6/20/2024
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Item #: 10.5. 6/25/2024 File #: 24-0359
into a new contract beginning July 1, 2024.

Discussion
The City advertised a Request for Proposals (RFP) on February 15, 2024 (RFP 23-24.29) and proposals were due on March 21, 2024. Eight proposals were received. Staff evaluated the proposals based on the firm’s experience, overall qualifications, record of success on previous projects, and overall responsiveness to the RFP. Proposal cost sheets were submitted in separate sealed envelopes and reviewed after the rating process was complete. A Proposal Abstract Summary (Attachment 1) is attached for reference.

After reviewing and scoring all submitted proposals, Merchants Building Maintenance, Inc. (Merchants) received the highest score (94 out of 100) as they submitted the most responsive proposal and demonstrated an understanding of the City’s custodial service needs. Merchants, the City’s current vendor, has provided acceptable service over the course of the existing contract. Staff verified the qualifications of the vendor with references provided for similar municipal custodial services and received positive responses. It is recommended the Council award a new contract to Merchants.

Merchants’ total base bid for four years is $1,380,609.78. The contract not-to-exceed amount of $1,518,670.76, which includes a 10 percent contingency of $138,060.98 for additional cleanings such as the City’s snack bar/concession buildings, community center kitchens at Olive and Shaffer Parks, the Senior Center, and City special events. These additional cleanings occur on an as needed/as permitted basis. Fees for the additional cleanings related to snack bars and kitchens are directly recovered from the permitted user.

Should the City Council choose to cancel or reduce services at any one of the facilities included within this contract, staff will work with the vendor to modify services in accordance with Council’s direction.

Including the 10 percent contingency, the annual cost for the first year of the contract is $363,919.03.

The total expenditure will be funded through the General Fund (100). Funding for the remaining three years of the contract is dependent upon City Council approval of the annual budget through Fiscal Year 2027-2028. If funds are not budgeted, the contract can be terminated or reduced to meet that year’s allocation.

7. ATTACHMENTS
· Proposal Abstract Summary
· Contract with Merchants Building Maintenance, Inc.

City of Orange Page 2 of 2 Printed on 6/20/2024
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Agenda Item
City Council
Item #: 10.5. 6/25/2024 File #: 24-0359
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Award of Contract to Merchants Building Maintenance, Inc. for custodial services of City parks and facilities.

4. FISCAL IMPACT
The expense for this contract is $1,518,670.76 and will be funded through General Fund (100):
100.7022.51420.00000 Maintenance Contracts

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.

Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.

The current four-year contract for custodial services expires June 30, 2024, requiring the City to enter City of Orange Page 1 of 2 Printed on 6/20/2024
powered by Legistar™935
Item #: 10.5. 6/25/2024 File #: 24-0359
into a new contract beginning July 1, 2024.

Including the 10 percent contingency, the annual cost for the first year of the contract is $363,919.03.

7. ATTACHMENTS
· Proposal Abstract Summary
· Contract with Merchants Building Maintenance, Inc.

City of Orange Page 2 of 2 Printed on 6/20/2024
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Proposal Abstract Summary
Custodial Services for City Parks
RFP 23-24.29
Date Advertised: 02/15/2024
Bid Due Date: 03/21/2024
Allied Universal
General
Janitorial
Services
Premier Property
Preservation
JJ Property
Maintenace
Network
Merchants
Building
Maintenance
CCS Facility
Services EcoBrite Santa FeJanitorial Company/
Contractor
City (Location of
Company) Santa Ana, CA Santa Ana, CA West Hills, CA Pasadena, CA Monterey Park, CA Costa Mesa, CA Lehi, UT Chino Hills, CA

AVERAGE

OVERALL SCORES
92 16 43 31 94 80 67 39
Proposal Amount
Total $ 1,978,265.00 $ 1,446,000.00 $ 1,652,611.95 $ 1,899,227.76 $ 1,380,609.78 $ 1,871,965.77 $ 2,653,301.47 $ 2,009,988.00 937

CUSTODIAL SERVICES CONTRACT
[City Parks Facilities (RFP 23-24.29)]
THIS CONTRACT (the “Contract”) is made and entered into as of ___________________, 2024 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and MERCHANTS BUILDING MAINTENANCE, LLC., a California limited liability company (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment necessary to complete in good workmanship and substantial manner the work and services (the “Work”) described in the Custodial Specifications, which are attached as Attachment No. 1, at the locations and at the associated costs set forth in Attachment No. 2, which are incorporated herein by this reference. b. The Work shall be performed in conformity with the Custodial Specifications at City buildings and facilities identified in the Custodial Specifications and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.
c. Unless and until otherwise notified in writing by City’s Parks Maintenance Supervisor, Paul Miller (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of the Authorized City Representative or such other person as City’s Community Services Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Community Services Director.

ARTICLE 2
Commencement of Work
Contractor shall commence the Work provided for in this Contract on July 1, 2024, and diligently prosecute completion of the Work. Time is of the essence in this Contract. Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.

ARTICLE 3
Compensation
a. Except for any additional work or services authorized by the Authorized City 938
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CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT www.cityoforange.org PHONE: (714) 744-7274 FAX: (714) 744-7251

CUSTODIAL SERVICES FOR CITY PARKS
REQUEST FOR PROPOSALS (RFP) NO. 23 - 24 .29
PROPOSALS DUE: MARCH 21, 2024
TIME: 2:00 PM
The documents contained in this Request for Proposals document are considered to be the invitation and not the full final representation of the documents needed to submit a successful response to the proposal described herein.

Interested proposers should subscribe to receive proposal updates and notifications via the City’s website at:
https://public.govdelivery.com/accounts/CACITYORANGE/subscriber/new as well as emailing [email protected] to be added to the contact list for this specific proposal list in order to receive emailed updates of any revised/additional information and addenda.

It is the responsibility of the interested proposer to request being added to the proposal list and to check the website frequently to look for any additional updates.

Project Name: Custodial Services For City Parks Facilities Location Address: Various Parks, see Attachment No. 2
Contact Name: Paul Miller, Parks Maintenance Supervisor Phone Number: 714-532-6472
E-Mail Address: [email protected]
PROJECT DESCRIPTION:

The City of Orange, CA, a Municipal Corporation, is requesting proposals from qualified custodial and housekeeping services to provide proposals in accordance with the specifications prepared by City of Orange staff. All work shall also conform to City of Orange codes, ordinances, and standards. The work will primarily include, but not be limited to, providing regular and ongoing cleaning of all parks buildings and facilities.

TIME LINE (APPROXIMATE):

1. Mandatory Job walk: March 5, 2024 at 9:00AM

2. Deadline for questions: March 7, 2024 by 2:00PM 951

3. Proposals due: March 21, 2024 by 2:00PM

4. Presentation to City Council: May 14, 2024

5. Notice to Proceed: TBD
GENERAL PROVISIONS:

1. A mandatory job walk has been scheduled for Tuesday, March 5, 2024 at 9:00AM at El Camino Real Park, 400 N. Main St., Orange, CA 92868.

2. The Contractor shall, at all times, carry valid insurance, which meets all City of Orange insurance requirements as outlined in Attachment No. 4.

3. The Contractor shall pay prevailing wages per the current Department of Industrial Relations wage rate (including all scheduled increases) and furnish Certified Payroll Reports for all workdays.

4. All vehicles used by the contractor are to be identified with door signs (approx. 20” x 16”, magnetic sign okay) or equivalent with the company name and phone number.

These need to be visible from both sides of said vehicle.

5. Uniforms: All of contractor’s employees shall wear appropriate uniforms at all times while on duty. Uniforms must have the contractor’s name.

6. Background/Security: All personnel engaged in performance of this work shall be employees of the contractor and as such shall be warranted to possess sufficient experience and security records to perform this work.

SCOPE OF WORK AND PROJECT SPECIFICATIONS:

For City facilities scope of work custodial specifications, please see Attachment No. 2.

TERM OF CONTRACT:

The initial term of the contract to be awarded pursuant to this solicitation for proposals will be four (4) years, commencing July 1, 2024, and expiring on June 30, 2028 (the “Expiration Date”);
DISPLACED JANITOR OPPORTUNITY ACT:

Contractor shall comply with the Displaced Janitor Opportunity Act (California Labor Code Section 1060 et seq.) (the “Act”), a copy of which is attached as Attachment No. 3 and incorporated herein by this reference.

CONDITIONS OF SITE/WORK:

Each Proposer shall carefully examine the Request for Proposal (RFP) documents and project site(s) to become fully informed regarding all existing and expected conditions and matters which could affect performance, cost or time of the work in any way.

ORAL STATEMENTS:

The City of Orange is not responsible for oral statements made by any of their employees or agents concerning this RFP. If a Proposer requires specific information, it must request that it be supplied in writing by the City of Orange.
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CERTIFICATE OF INSURANCE:

Proof of insurance is not required to be submitted with your proposal but will be required prior to the City's award of the contract in accordance with the terms of the written contract attached hereto as Attachment No. 4.

QUALIFICATIONS OF PROPOSERS:

Contractors shall have at least 5 years of municipal custodial services experience serving a park system with no less than 15 parks and facilities. Contractors must be able to provide two qualified account managers for this contract, each with at least four years of experience managing municipal custodial contracts of parks and facilities.

Any proposer who can prove to be a responsible proposer may submit a proposal for consideration. Each proposer must satisfy the City of its ability to perform the services required, as set forth in the Scope of Work attached hereto as Attachment No. 2. All proposers must demonstrate and document a history of timely and satisfactory performance of similar work in a manner which addresses the stated evaluation criteria. Each proposer shall be entirely responsible for the accuracy of the information supplied concerning references.

In addition, the City may consider evidence of untimely and unsatisfactory performance on prior similar work or litigation by the proposer on previous contracts when evaluating a contractor.

It should be noted, however, that the contract will be awarded to the proposer most qualified based upon the Selection Criteria listed below; provided that such a proposer successfully meets all of the other criteria identified in this Request for Proposals.

SPECIFICATIONS NOT CONTRACTUAL:

Nothing contained in this RFP shall create any contractual relationship between the proposer and the City. The City accepts no financial responsibility for costs incurred by any proposer regarding this Request for Proposals.

SELECTION CRITERIA:

Evaluation of the proposals shall be based on a competitive selection process. Fiscal responsibility is a priority for the City. However, the evaluation of proposals will not be limited to price alone. The City will select the proposer deemed most qualified based on demonstrated competence, experience, references, and value, for services to be performed. The City also reserves the privilege of interviewing the top candidates.

The successful proposal will demonstrate experience in providing custodial services as described within this RFP. While the experience and resources of the successful firm are important, it is critical that the manager proposed for overall authority on the project have extensive relevant experience and capability. The firm’s project manager will work effectively with City staff and complete assigned tasks within budget and within the project schedule.
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The following criteria shall be used in selecting the firm ultimately chosen for this project:

A. Firm experience, including but not limited to licensing, insurance, qualifications and capacity of the firm’s employees, key personnel and the ability to provide the necessary equipment needed to provide the work as describe within this RFP. Also, experience of any subcontractors working on this project.

B. Demonstrated record of success by the firm on similar work previously performed for the City and/or other municipalities or enterprises.

C. Firm’s responsiveness to the overall request for information within this RFP.

Based on the information submitted, the selection committee will make a final choice; the successful firm will execute a service agreement with the City of Orange for the completion of this work. An interview may be required with the top scoring firms. The City of Orange reserves the right to negotiate cost of work within the Request for Proposal.

The City reserves the right to revise this RFP prior to the date the proposals are due.

Revisions to the RFP will be sent to all known participants. The City reserves the right to procure or contract for work. All proposals submitted in response to this RFP become the property of the City and are public record. The City reserves the right to delay or cancel, in part or in its entirety, this RFP including, but not limited to: selection schedule, submittal date, and submittal requirements. All known participants shall be notified of any cancellation or revisions prior to the submittal date. The City also reserves the right to request additional information and clarifications regarding any proposals received.

Proposer must satisfy the City of its ability to perform the services required as stated herein.

All proposers must demonstrate and document a history of timely and satisfactory performance of similar projects in a manner which addresses the stated evaluation criteria.

Proposer shall be entirely responsible for the accuracy of the information supplied concerning references.

SPECIAL INSTRUCTIONS:

1. The Contractor shall provide with this RFP a minimum of three (3) references of commensurate/equal work with cities and/or municipalities, see Attachment No. 5.

References shall represent/include:
• Work completed within the last five (5) years.
• A description and location of said work.
• An approximate cost of said work.
• A contact person and phone number to verify custodial work and contractor performance.

2. The City reserves the right to reject any contractor who they feel does not meet the qualifying work experience or provides satisfying references.

3. The City reserves the right to reject at any time any or all proposals, or parts thereof, and to waive any variances, technicalities and informalities which do not impair the quality, or performance of the project.
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4. The contractor is responsible for the repair of any existing site amenities, inside or outside of the facility, including but not limited to: concrete, landscape, storm drain, supply lines or sprinklers that are damaged during the implementation of this work. Any and all replacement work will be performed to the satisfaction of the City of Orange. Any damages to City or residential property resulting from the contractor’s work shall be repaired or replaced at the contractor’s expense to the satisfaction of the City of Orange.

5. The Contractor will be responsible for labor and materials for this project/work.

6. The Contractor is required to maintain a business license with the City of Orange for the duration of this agreement.

7. The following information shall be submitted with Proposal – limited to 10 pages (8.5’ x 11”):
a) A Business Profile, which shall include a list of employees including their names, training, experience (i.e. day porter, carpet cleaner, floor crew-waxer) and number of years with your firm.
b) A Schedule with the number of employees you propose to have assigned to cover the janitorial/housekeeping contract, excluding day porters. c) Your firm’s methodology for ensuring coverage in the event of staff absences (i.e., illness, vacations, and/or terminations).
d) A brief overview of your firm’s hiring practices, screening, background checks, DMV checks, etc.
e) Your firm’s methodology that will be used to correct deficiencies and prevent reoccurrences. f) A list of cleaning supplies to be used and all OSHA required Safety Data Sheets’s. g) Signed bid on the form(s) provided in the Scope of Work Section.

PROPOSAL SUBMISSION:

Provide response to the above REQUEST FOR PROPOSAL on attached Proposal Sheet and return all pages of the Request for Proposal(including the scope and specification sections) references.

Proposals must be received on March 7, 2024 by 2:00 P.M. at the City of Orange City Clerk’s Office (300 E. Chapman Ave., Orange, CA 92866). Responses may be sent via U.S. Mail or delivered personally to the above address. Please provide three (3) copies of the proposal packets and one (1) sealed copy of fee proposal.

Proposal packets must be labelled appropriately:

RFB 23-24.29- CUSTODIAL SERVICES FOR CITY PARKS
Attn: City of Orange, City Clerk’s Office
The City reserves the right to reject any and all Proposals and any item on items therein, and to waive any non-conformity of Proposals with this Request for Proposal, whether of a technical or substantive nature, as the interest of the City may require. 955
Attachment No. 1:

PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has convicted
, has not been
within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No
If the answer is yes, explain the circumstances in the following space.

Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 956
Non-collusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section
7106)
To the CITY OF ORANGE – DEPARTMENT OF COMMUNITY

SERVICES
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Non-collusion Affidavit is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Non- collusion Affidavit.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
957

DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS,
PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes:Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Certification.
958
The undersigned bidder hereby represents as follows:

That no Councilman, officer, agent, or employee of the City of Orange, is personally interested, directly or indirectly, in the Contract, or the compensation to be paid hereunder:

That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud.

By my signature on this bid I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this bid I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.

Date:

Signature and Title of Bidder
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of President, Secretary, Treasurer and Manager thereof).

NAME OF BIDDER
BUSINESS P.O. BOX

CITY, STATE, ZIP

BUSINESS STREET ADDRESS
(Please include even if P.O. Box is used)

CITY, STATE, ZIP
PLACE OF BUSINESS (Include City & State)
PLACE OF RESIDENCE (Include City & State)
Telephone No. ( ) Fax No. ( )
Licensed in accordance with an Act providing for the registration of Contractors.

LICENSE NUMBER

LICENSE CLASS
959
Attachment No. 2

CITY PARKS CUSTODIAL SCOPE OF WORK & SPECIFICATIONS
(RFP No. 23-24.29)
General Custodial Requirements
It is the objective of the City of Orange (“City”) to ensure that custodial and housekeeping services are provided to all of the buildings and facilities described in Section B. Custodial services at any of the facilities listed in Section B may be deleted or suspended during the unexpired term of this contract. The City will inform the contractor in writing of the reduction in services and billing for custodial services should be adjusted accordingly. Future sites and facilities may come online during the unexpired term of this contract for which compensation will be mutually agreed upon and included in an amendment to the contract.

Housekeeping services are to be performed during the specified hours listed in Section B, unless otherwise directed and/or approved by the City. These specifications also include special cleaning intervals as well as other specific requirements.

The City of Orange may, in its sole discretion, adjust the days and times for the performance by the contractor of work and services if the hours of operation of the City for any one or more City facilities should change during the term of the contract. For example, if the hours of operation of one or multiple buildings or facilities are reduced or otherwise altered due to budgetary considerations or the furlough of employees, the City and the contractor shall agree upon credits for reductions in service or, alternatively, additional compensation in the event the hours of operation or availability of buildings and facilities to the public are increased.

The City of Orange requires the following of the contractor retained for the performance of this contract:

1. Background/Security: All personnel engaged in performance of this work shall be employees of the Contractor and as such shall be warranted to possess sufficient experience and security records to perform this work at public facilities. Contractor is responsible for conducting sufficient background checks before commencing work under this agreement, to ensure no employees performing work in the City of Orange on behalf of the contractor, are listed on the National Sex Offender Public Registry (NSOPR). Contractor shall monitor employee security records to ensure no existing or new employees performing work under this agreement are added to the NSOPR or convicted of any crimes that would disqualify them from adhering to conduct conducive to public safety. Please see the Contract Agreement (“Agreement”) for the specific details that will be required of the Contractor and its employees.

2. Health: All personnel shall be in good health and free of contagious diseases.

Contractor shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the buildings. The contractor shall not allow the use or presence of alcohol or drugs on the premises or in the buildings. 960

3. Conduct: No person(s) shall be employed for this work who is/are found to be incompetent, disorderly, and troublesome, under the influence of alcohol or drugs, or who fails or otherwise refuses to perform the work properly and in a suitable fashion.

The contractor shall immediately remove such persons from the performance of work under this Agreement.

4. Supervision of Staff: Contractor shall provide one supervisor/foremen, who shall be present at all times during night operations, and who shall be responsible for both conduct and workmanship. Said supervisor or foremen shall be able to communicate effectively in both written and oral English.

5. Training: Contractor shall have an ongoing training program for its entire staff in areas of Safety and Job Duties. Contractor shall provide only personnel that have been fully trained for performance of this work. Supervisors shall have been trained in supervision as well as technical training regarding custodial services.

6. Uniforms: All of contractor’s employees shall wear appropriate uniforms at all times while on duty. Uniforms must have the contractor’s name. A photo ID Badge is to be worn at all times. ID badges must have the name of the individual, contractors name and a 24 hour emergency contact number.

7. Adequate Safety: Applicable warning devices shall be used by the contractor when there is a safety hazard (i.e., rain-slip), waxing or wet mopping floors, or as needed to ensure the safety of City employees and members of the general public while at or on City buildings and facilities. Contractor shall be responsible for adequately instructing their employees regarding all safety measures. Contractor shall adhere to CalOSHA regulations at all times. All equipment used by the contractor shall be maintained in a safe operating condition at all times and be free from defects. All employees of the contractor must wear proper personal protective equipment while working at or on any of the City’s buildings or facilities.

8. Non-Smoking Facilities: All City buildings and facilities are designated as nonsmoking facilities. No employee of the contractor shall smoke while within twentyfive (25) feet of any entry of said buildings or facilities.

9. Keys: Contractor shall establish and implement methods for ensuring that all keys & key cards issued to contractor by the City are not lost, misplaced, or used by unauthorized persons. No keys or keycards issued to contractor by the City shall be duplicated without prior written authorization from the City. Contractor shall report to the City any and all occurrences of lost or duplicated key/keycards. In the event the City discovers that keys/keycards have been lost or duplicated by the contractor’s employees, the City may require the contractor to re-key or replace the affected lock or locks or perform re-keying or keycard replacement, in which event the City may deduct the total cost from any compensation due to Contractor. It is also the responsibility of Contractor to prohibit the opening of locked areas or to permit entrance of persons other than the contractor’s employees engaged in the performance of assigned work in those areas.
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10. Tracking: All Restrooms shall have a “Restroom Service Sheet” completed on a daily basis to ensure an adequate level of cleanliness and sanitation is maintained. These sheets will be turned in by the contractor each month and reviewed by the City.

11. Maintenance Repairs: Contractor shall report any maintenance repairs needed (i.e., leaking faucets; clogged drains; broken electrical plugs; lights out, etc.) to the City’s Community Services Department facilities maintenance division by phone (714-532- 6472) or email at ([email protected]). To prevent clogging of drains, all wax stripper and dirty mop water are to be emptied into a flush toilet only and not into any of the urinals or floor sinks. No cleaning solutions are to be dumped or released to the environment. This includes in any of the parking lots.

12. Standard Forms: Listed below are some of the standard forms that will be used to communicate the City’s needs and requirements.
a. Performance Inspection Form
b. Service Request Form (e-mail request)
c. Service Complaint Form
d. General Notes: E-mails; memos, verbal instructions and voicemails.

13. Contact Information: The Contractor shall provide the following contact information. a. 24-hour Contact number
b. Emergency Contact number
c. Custodial Hotline
d. E-mail address
e. General Manager
f. Account Manager
g. On-site supervisors

14. Response Time/ Correction of Deficiencies: Response time to City needs (i.e., contractor’s personnel arriving at the city facility to respond to a request) during the contractor’s normal work schedule is to be within 1 hour of the contractor’s receipt of notice from a city representative. During off hours, the response time is to be within two (2) hours of the contractor’s receipt of notice from a city representative. Unless otherwise agreed to by and between the contractor and the City’s representative, the time allowed to correct non-conformances (i.e., corrective actions) shall be 2 hours from receipt of the correction notice.

15. Recycling/Green Waste Disposal: Contractor’s employees shall perform services as specified by the City’s authorized representative(s) to implement the City’s recycling and/or green waste disposal program(s). This requirement includes all facilities covered under the agreement where recycling and/or green waste disposal practices are currently in place and any facilities that City staff may add to the recycling and/or green waste disposal program(s) during the term of the Agreement. The City prohibits the contractor from salvaging any items from trash cans or bins.

16. Damage to City Property: Contractor shall be liable for any and all costs associated to damage or verifiable theft by Contractor to any property of the City or an employee of the City which is in any way related to the acts of the contractor or contractor's 962
employees of obligations under the Agreement. Contractor shall not remove any property of any type from the City’s buildings or facilities without the expressed written consent of the City. A written report of damage or theft must be submitted to the City within 48 hours of occurrence.

17.City of Orange Telephone Usage: City owned telephones (including cell phones) shall not be used by the contractor or its employees for personal reasons during the execution of the scope of work with the following exception(s):
a. To report medical emergencies, a fire or the need for law enforcement, in which event the contractor’s employees or agents may use a City phone to dial 9-911 from any extension.
b. Notification to the City of Orange Community Services Department Facilities Maintenance of damage or maintenance needed as required in this Agreement. c. Any calls to numbers other than those above will be considered a violation of this contract and grounds for immediate termination.

18.Building Security: The Contractor shall keep all exterior doors closed and locked during the performance of work when any City facility is not open for business (or as otherwise directed) and shall ensure that all doors are locked at the end of a shift, unless otherwise authorized or directed by a City representative. Security systems and automated locking systems within city buildings or facilities shall be activated immediately after custodial service is completed in specific building(s). The City shall instruct the contractor on the manner in which to activate any such security system.

19.Remedy for Failure to Perform Required Service: If the contractor fails to execute the work in the manner and at such locations as specified or fails to maintain the work schedule which will ensure the City’s interest, or if the contractor is not carrying out the interest of the contract, the City shall notify the contractor both verbally and in writing requiring satisfactory compliance with the terms of the Agreement. If the contractor does not perform the work in question within the time specified in said notice or fails to continue to comply, the City may then complete the work by City forces, by letting the unfinished work to another contractor, or by a combination of such methods. In any event, the cost of completing the work shall be charged against the contractor and may be deducted from any money due or becoming due from the City. The City may, in addition, withhold from monies due to the contractor the sum of three hundred dollars ($300.00) per day for each and every calendar day delay in finishing the work within the time specified. If the sums due under the contract are insufficient for completion, the contractor shall pay to the City within five (5) business days after the completion, all costs in excess of the sum due. The provisions of this section shall be in addition to all other rights and remedies available to the City under law.

20.Extra Work /Project Cleaning: Work not considered to be routine or not done on a regular schedule, and not considered under these specifications or otherwise in the contract shall be considered extra work. This type of work may only be completed at the request of the designated representative of the City. See the terms of the Contract for the procedures to be followed for additional work or services. 963
The following are examples of the type of work, which are considered extra work or services:
a. Cleaning areas not defined within these specifications; b. Increasing frequency of cleaning; or special projects. c. Hazardous Material (Haz Mat) clean up.

21.All vehicles used by the custodians employed by the contractor are to be identified with door signs (approx. 20” x 16”, magnetic sign okay) or equivalent with the company name and phone number. These need to be visible from both sides of said vehicle. All vehicles shall be supplied with a GPS tracking device. The City representative shall be provided access to the tracking software on his/her desktop.

22.All custodial supervisors, day porters and at least one (1) person on each custodial crew must speak fluent English.

COMMUNITY SERVICES DEPARTMENT

PARKS, RESTROOMS AND RELATED FACILITIES
Section B
Restrooms, buildings, and community rooms are to be cleaned after 11:00 PM and before 5:00 AM. Restrooms requiring a second service on weekends and holidays are to be cleaned between 12:00 PM and 3:00 PM.

All square footage and number of restrooms per park listed below should be verified by potential proposers, as needed, for proper pricing.

Note: Custodial contractor to check the restrooms to ensure they are locked and unlocked (opened) at the proper times and that all restrooms are locked when cleaning is completed.

EISENHOWER PARK
2894 N. Tustin (1,096 sq. ft.)
• Two (2) restroom buildings; four (4) restrooms with multiple stalls • Monday through Friday; once daily
• Saturday, Sunday and holidays; twice daily
• Schedule II & III service

EL CAMINO PARK
400 N. Main (2,035 sq. ft.)
• Three (3) restroom buildings; seven (7) restrooms with multiple stalls • Monday through Friday; twice daily
• Saturday, Sunday and holidays; twice daily
• Schedule II & III service

EL CAMINO PARK COMMUNITY ROOM
400 N. Main (1,500 sq. ft.)
• Multipurpose room for public use; three (3) exterior restrooms attached with multiple stalls
• Two (2) interior restrooms with single stalls
• Service 7 days a week (including holidays); twice daily • Schedule I, II & III service

EL MODENA PARK
555 S. Hewes (850 sq. ft.)
• Three (3) restroom buildings; four (4) restrooms with multiple stalls • Monday through Friday; once daily
• Saturday, Sunday and holidays; twice daily
• Schedule II & III service
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FRED BARRERA PARK
8380 E. Serrano Avenue (960 sq. ft.)
• One (1) restroom building; two (2) restrooms with multiple stalls • Monday through Friday; once daily
• Saturday, Sunday and holidays; twice daily
• Schedule II & III service

GRIJALVA PARK
(1) N. Prospect Street (986 sq. ft.)
• Community Room building; two (2) restrooms attached with multiple stalls • Monday through Friday; once daily
• Saturday, Sunday and holidays; twice daily
• Schedule I, II & III service

GRIJALVA SPORTS CENTER
368 N. Prospect Street (14,457 sq. ft.)
• Schedule I, II & III service
• 7 days a week service (including holidays, except for Christmas Day); once daily • Entry area, lobby & hallways
• Two (2) large interior restrooms with multiple stalls each • Daily spot cleaning of interior windows and glass doors to remove all smug marks up to 8ft tall.
• Exterior and Interior Windows to be cleaned 2 times per year. o Necessary precautions to be taken to ensure that the exterior window tinting is not damaged by the cleaning process.
• Main entrance entry has two outdoor dedication plaques that need to be maintained in new condition.
• Standard bleachers to be cleaned three (3) times per week • Large bleachers to be pulled out and cleaned one (1) time per month o Large bleachers will be pulled out by City staff
• Arts & crafts/training classrooms (1756 sq. ft.)
• Carpeted Office area (1,269sq ft.)
• Dance Room with mirrored walls (1,548sq ft.)
• Mirror walls are to be maintained in a clean, smudge and dust free condition. • High dusting of suspended ceiling panels to be completed monthly throughout facility.
• Deep cleaning of Sport Center to take place during Christmas break. • NOTE: Wooden Gym Floor and Dance Room Wood Floor is not part of the custodial contract.

HANDY PARK RESTROOM
2143 E. Oakmont (960 sq. ft.)
• One (1) restroom building; two (2) restrooms with multiple stalls • Monday through Friday; once daily
• Saturday, Sunday and holidays; twice daily
• Schedule II & III service
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HANDY PARK COMMUNITY ROOM
2143 E. Oakmont (1,200 sq. ft.)
• Multipurpose public use room
• 7 days a week service, including holidays; once daily • Schedule I, II & III service

HART PARK
701 S. Glassell (2,220 sq. ft.)
• Three (3) restroom buildings; six (6) restrooms with multiple stalls • Monday through Friday; twice daily
• Saturday, Sunday and holidays; twice daily
• Schedule II & III service

HART PARK COMMUNITY ROOM
701 S. Glassell (820 sq. ft.)
• Multipurpose room for public use
• 7 days a week service (including holidays); once daily • Schedule I & II service
HART PARK POOL BUILDING- Seasonal from May 28 through August 31 701 S. Glassell (3,524 sq. ft.)
• Two (2) interior restrooms with multiple stalls
• Includes lobby, locker rooms and upstairs offices
• 7 days a week service (including holidays); once daily • Schedule I & II service
• Deep cleanings during the last week of May and the last week of August. • Specify the price per month, which may be used for calculating a reduction or extension of seasonal dates. Price will be divided by 4.3 to arrive at a weekly proratable amount.

HART PARK POOL BUILDING- EXTERIOR RESTROOMS
701 S. Glassell (860 sq. ft.)
• One (1) restroom building; two (2) restrooms with multiple stalls • Monday through Friday; once daily
• Saturday, Sunday and holidays; twice daily
• Schedule II & III service

KILLEFER PARK RECREATION CENTER
615A N. Lemon (2,100 sq. ft.)
• Multipurpose Community Services building including a meeting room and lobby • Two (2) interior restrooms with multiple stalls (no power reel washing at this facility) • 7 days a week service (including holidays); once daily • Schedule I & II service
967

LA VETA PARK
3700 E. La Veta (960 sq. ft.)
• One (1) restroom building with two (2) restrooms
• Monday through Friday; once daily
• Saturday, Sunday and holidays; twice daily
• Schedule II & III service

MCPHERSON ATHLETIC FACILITY
333 S. Prospect (950 sq. ft.)
• One (1) restroom building; two (2) restrooms attached with multiple stalls • Monday through Friday; once daily
• Saturday, Sunday and holidays; twice daily
• Schedule II & III service

OLIVE PARK
2841 N. Glassell (960 sq. ft.)
• One (1) building; two (2) restrooms with multiple stalls • Monday through Friday; once daily
• Saturday, Sunday and holidays; twice daily
• Schedule II & III service

OLIVE PARK COMMUNITY ROOM
2841 N. Glassell (3,166 sq. ft.)
• Multipurpose room for public use with kitchen
• Two (2) interior restrooms with multiple stalls
• 7 days a week service, including holidays; once daily • Schedule I & II service

PITCHER PARK
204 S. Cambridge (180 sq. ft.)
• One (1) restroom building; two (2) restrooms with multiple stalls • 7 days a week service, including holidays; once daily • Schedule II & III Service

SANTIAGO HILLS PARK
8040 E. White Oak Ridge (700 sq. ft.)
• One (1) restroom building; two (2) restrooms with multiple stalls • Schedule II & III service
• Monday through Friday; once daily
• Saturday, Sunday and holidays; twice daily

SENIOR CENTER
170 S. Olive, 12,300 sq. ft.
• Two-story multipurpose community services building
• Two (2) interior restrooms with multiple stalls
• Various administrative offices on both floors.
968
• Various crafts and work centers on first floor.
• Multipurpose room on first floor.
• One (1) large commercial kitchen to include counter tops, sinks, stove tops, empty out refrigerator, remove all trash and food trash, floor drain servicing, clean out, and flush.
• Building is 45% carpeted
• One (1) service elevator
• Monday through Saturday service; once per day
• Service to be performed between 1:00 a.m. and 6:00 a.m. • Schedule I & II service

SENIOR CENTER DAY PORTER
• One (1) day porter
• Monday through Friday; 8 hours per day (7:00 am to 4:00 pm) • Will report to and take direction from the Senior Center Director, Assistant Director or his/her designee, and/or City of Orange designated representative. • May provide room set-up, when needed
• Schedule I & II service

SENIOR CENTER WEEKEND KITCHEN, RESTROOMS, BALLROOM, LOUNGE &

LOBBY CLEANING
• Cleaning of facility on a call out basis (4-hrs. labor estimate). Normally this will be on a Saturday or Sunday evening with a one-week advanced notice.

SERRANO PARK
2349 N. Apache Creek (400 sq. ft.)
• One (1) restroom building; two (2) restrooms with multiple stalls • Monday through Friday; once daily
• Saturday, Sunday and holidays; twice daily
• Schedule II & III service

SHAFFER PARK
1930 N. Shaffer (692 sq. ft.)
• Two (2) restroom buildings; four (4) restrooms with multiple stalls • Monday through Friday; once daily
• Saturday, Sunday and holidays; twice daily
• Schedule II & III service

SHAFFER PARK COMMUNITY ROOM
1930 N. Shaffer (3,134 sq. ft.)
• Multi-purpose public use room, with kitchen, and office/cubbies room • Two (2) interior restrooms with multiple stalls
• Nightly cleaning of all entry/exit glass doors.
• Monthly interior and exterior window washing up to 8 ft. height. • 7 days a week service (including holidays); once daily • Schedule I & II service
969

STEVE AMBRIZ MEMORIAL PARK & COMMUNITY ROOM
610 Riverbend Parkway (2,220 sq. ft.)
• Multi-purpose community room for public use
• Two (2) attached restrooms with multiple stalls
• 7 days a week service (including holidays); once daily • Schedule I, II & III service

YORBA PARK
190 S. Yorba Street (153 sq. ft.)
• One (1) restroom building; two (2) restrooms with multiple stalls • Monday through Friday; once daily
• Saturday, Sunday and holidays; twice daily
• Schedule II & III service
Shaffer Park and Olive Park Kitchens
Kitchen areas at Shaffer Park and Olive Park Community Rooms shall include monthly cleaning, inside and out, of refrigerators, stove/ovens and microwave and walls. To be included on a monthly basis is a thorough scrubbing/degreasing and deep cleaning of the kitchen tile flooring. It is to be understood that these two facilities are used frequently for weekend, community rental parties, and weekday children’s daycare and that thorough and complete daily cleaning of these entire facilities is expected within the scope of work of the nighttime custodians.
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Cleaning Schedule Specifications
Section C
Schedule I
Daily Services - General Building and Office Areas (All Areas)

1. Sweep all composition floors.

2. Sweep all outside entrances for trash.

3. Spot dust for cobwebs in all areas of the building

4. Remove debris from ceilings, walls, and floors.

5. Spot vacuum rugs and carpeting.

6. Clean corners and remove cobwebs and dirt.

7. Dust accessible desktops.

8. Clean luncheon tables and position chairs.

9. Clean drinking fountains

10.Empty all wastebaskets and other waste containers. Carry trash to designated area and replace with new liners.

11.Clean and service smoking stands where applicable.

12.Spot clean partitions, doors, grab bars, panic hardware, doorknobs, handles, doorframes and around wall switches.

13.Maintain janitor’s closet in clean and orderly manner.

14.Spot clean office partition glass and interior door glass.

15.Thoroughly clean all glass entry doors.

16.Spot mop resilient floors for spillage, dirt etc.

17.Spot clean carpet for spillage, stains, etc.

18.Vacuum or sweep elevator cabs where applicable.

19.Wipe clean all elevator doors and control panel to remove finger marks where applicable.

20.Clean all stairwells and landings twice weekly, vacuum if carpeted (remove cobwebs).

21.Dust bookshelves, minor signage

22.Report broken or missing items to contract administrator or his/her Designee.

23.Establish a lost and found box at each building location to provide a collection point for items found such as keys, jewelry, bolts, brackets, machine parts, pens, etc.

Weekly Services - General Building and Office (All Areas)

1. Sweep inside and outside stairways (twice per week).

2. Vacuum all carpets.

3. Dust banisters and handrails.

4. Polish drinking fountains.

5. Damp mop and buff all tile floors to ensure a slip resistant high gloss finish.

6. Spot clean woodwork for finger marks and stains.

7. Dust ledges, door trim, partition tops and moldings.

8. Dust chairs, tables, telephones, filing cabinets and other office furniture.

9. Dust windowsills, ledges, and chair rails, partition trim and low moldings.

10.Low dust all chair rungs and office furniture.
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11.Dust the large hanging orange ball and hanging animal heads inside the main library.

12.Dust pictures, clocks, and major signage.

13.Spray buff all main aisles and corridors as needed to ensure a slip resistant high gloss finish.

Monthly Services - General Building and Office Areas (All Areas)

1. High dust moldings, doors, and window casings.

2. Brush down wall and ceiling vents.

3. Clean, machine scrub (strip wax if necessary), wax and machine polish all vinyl floors to ensure a slip resistant high shine surface.

4. Clean and wipe down baseboards.

5. Vacuum draperies and blinds

6. Wash handrails.

7. Wash and disinfect wastebaskets on a rotation basis.

8. Detail carpet edges under and around furniture and behind doors.

9. Vacuum upholstered furniture.

Schedule II
Daily Services - Restrooms

1. Empty and disinfect all wastepaper containers, replace with new liners.

2. Clean and polish mirrors.

3. Clean and disinfect all toilet tissue, towel, trash, and product sanitary containers.

4. Clean and disinfect toilets, urinals, and sinks (inside and out) removing scale and all other organic material.

5. Clean and disinfect both sides of toilet seats.

6. Clean and disinfect handles, knobs, and all other hand touched areas.

7. Clean all splash marks from wall over sinks.

8. Wipe down with disinfectant ceramic tile walls, toilet compartments and partitions.

9. Refill soap, towel, tissue, seat cover dispensers and sanitary product dispensers.

10. Clean, disinfect and wipe dry all counter tops.

11. Clean and polish drinking fountains, chrome under sinks, toilets, and urinals to keep scale free.

12. Spot clean partitions for smudges and remove graffiti.

13. Wipe clean tops of partitions.

14. Spot clean walls (with disinfectant) for splashes around sinks and urinals.

15. Pour a minimum of one gallon of water into floor traps to prevent odors.

16. Thoroughly mop floors with disinfectant solution.

17. Thoroughly clean and sanitize shower facilities (as required – site specific)

18. Remove debris from ceilings, walls, and floors.

19. Remove cobwebs from all areas of restroom.

20. Inspect and clean restroom entrance area of trash and debris.

21. Replace air fresheners when less than 5% of product remains.

22. Report any plumbing or facility issues (repairs needed) to the City’s Facilities Services Department (714-744-5566).
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Note: The Waterless Urinals require special cleaning procedures. The training of custodial personnel shall be the responsibility of the Contractor. The cleaning procedures can be found at www.kohler.com. While the City will pay for, furnish, and apply the urinal treatment products, the Contractor shall be responsible for regular cleaning. If the Contractor has any questions regarding the cleaning procedures, it shall contact and confer with the City’s representative.

Schedule III
Quarterly and Annual Cleanings
Concrete Floor Treatment in Restrooms
The below restroom floor treatment is to be performed four (4) times annually on all concrete floor restrooms in the City’s Parks.
1) Scrub and thoroughly clean floors with a heavy duty ‘degreasing’ product using power floor equipment with a designated ‘concrete’ brush.

The below restroom floor treatment is to be performed one (1) time annually on all concrete floor restrooms in the City Parks:
1) Strip, scrub, and thoroughly clean and prep restroom floors in preparation for sealant.
2) Seal floor with two (2) coats of 511 impregnator sealant.

Window Cleaning
Window washing at all contract city park facilities two (2) times a year. To be performed in the following months. May inside and out, September outside only (excludes Grijalva Sports Center as this is included with the normal service at this location).

Window washing at the Shaffer Park Community Building shall include:
• Two (2) times a year, inside and out cleaning, of all windows. • Nightly cleaning of all entry/exit glass doors.

Carpet Cleaning
Carpet cleaning of high traffic areas in all contracted City parks buildings and Senior Center shall be done two (2) times a year. All other carpeted areas to be cleaned one (1) time a year. Carpet cleaning shall be spin and bonnet type. Carpet stain cleaning will require a steam extraction method of cleaning and will be complete on an “as needed basis”.

Supplies and Equipment
Section D
The contractor is to provide all supplies: to carry out the cleaning and disinfecting operations within this contract and shall meet the standards of the Federal Occupational Safety and Health Act and Cal OSHA. The contractor shall submit a written list of all supplies 973
(i.e. cleaners, disinfectants, floor cleaners, and wax) with attached Safety Data Sheets (SDS) intended for use in the buildings for approval by the City of Orange. In addition to cleaning supplies the contractor shall also supply all glass cleaner, floor stripper, furniture polish, etc. All cleaning products and supplies to be approved by the City prior to use.

Any supplies not on the approved list must be removed from the premises. Adequate quantities of properly labeled supplies (minimum of two weeks inventory) must be on hand to perform cleaning at all times. Specialized green style cleaners to be used when possible.

Contractor to provide an estimated monthly usage along with an estimated monthly cost of supplies.

The City of Orange will furnish: paper goods, trash can liners and hand soap. This includes lunchroom napkins & paper towels, plastic trash bags (assorted sizes), toilet tissue, sanitary napkins, toilet seat liners and hand soap.
a. Paper Towels
b. Toilet Paper
c. Sanitary Napkins
d. Tampons
e. Hand Cleaning Soap
f. Sanitary Napkin Liners
g. Plastic Trash Bags (assorted sizes )
h. Other Items as needed (approval of Parks Maintenance Supervisor required)
i. Urinal screens / Bowl Blocks / Deodorizers
j. Seat Covers
k. Some Disinfectants / Deodorizers
The contractor is to provide all equipment: to carry out cleaning operations. The use of HEPA filter vacuums is a requirement throughout all the buildings to be cleaned. The contractor shall submit a written list of all equipment, by quantity, name brand and model (i.e.: six (6) Advance 16” Carpet twin HEPA filter Vacuums – two (2) Rotary buffing machines 18” - one (1) carpet extractor w/ powerhead – two (2) Advance Reel Cleaners with manufacture’s recommended cleaning solutions). All equipment is to be listed in Contractor’s proposal that is used for daily cleaning requirements. In case of equipment breakdown, forty-eight (48) hours repair or replacement time will be allowed. All of the Contractor’s equipment is to be marked with a minimum of their company name.

Quality Standards
Section E
The following Quality Standards (cleaning standards) shall be used on a daily basis, and during the Performance Inspection process to assess the quality of the cleaning per the nine (9) major areas identified below.

Restrooms – Cleaning Standards
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Maintaining a sanitary restroom environment that minimizes the possibility of cross-infection is considered of the highest priority by the City of Orange. An inspection team shall closely monitor sanitation levels.

Dispensers: Shall be free of dust, dried soil, bacteria, and soil without causing damage.

These surfaces shall appear visibly and uniformly clean and disinfected. This shall include the elimination of film, streaks, and cleaner residue. Dispensers shall be refilled when required with the proper expendable supply item.

Sanitary Napkin Dispensers/Disposal Canisters: Shall be free of dust, dried soil, bacteria, and soil without causing damage. These surfaces shall appear visibly and uniformly clean and be disinfected inside and out. This shall include the elimination of film, streaks, and cleaner residue. Disposal bags are to be replaced with new bags daily.

Hardware: Shall be free of dust, soil, bacteria, and scale without causing damage. Bright work shall appear visibly and uniformly clean, disinfected and polished to a streak-free shine. This shall include the elimination of polish residue.

Sinks: Shall be free of dust, bacteria, soil, cleaner residue, and soap film without causing damage. They shall appear visibly and uniformly clean and polished-dry. This shall include the elimination of polish residue.

Mirrors: Shall be free of dust and soil. Mirrors and surrounding metal framework shall appear streak-free, film-free, and uniformly clean.

Toilets and Urinals: Toilets, toilet seats and urinals shall be free of dust, bacteria, soil, organic matter, cleaner residue, and scale without causing damage. These fixtures shall appear visibly and uniformly clean, disinfected and polished-dry. This shall include the elimination of streaks, film, and water spots. Under rim areas will be regularly inspected for cleanliness. Waterless urinals to be cleaned as needed to ensure proper operation while reducing the urine smell to an acceptable level as specified by a City of Orange representative.

Partitions: Shall be free of dust, cobwebs, soil, and graffiti without causing damage.

Partitions shall appear visibly and uniformly clean, disinfected and polished-dry. This shall include the elimination of streaks and film.

Waste Containers: Contents shall be removed from waste containers and can liners replaced with new liners. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformly clean. This shall include the elimination of streaks, food-stuff, and the presence of an offensive odor emitting from the container.

Waste Containers: Stainless steel to be cleaned using the proper cleaning products.

Walls and Doors: Shall be free of dust, cobwebs, soil, spots, and stains without causing damage. These surfaces shall appear visibly and uniformly clean and disinfected. This 975
shall include the elimination of film, streaks, and cleaner residue. Ceramic walls and wainscots; metal kick plates, handles, and push plates on doors shall also be polished-dry.

Floors and Cove-bases: Shall be free of dust, cobwebs, soil, gum, stains and debris.

Floors shall have multiple coats of a slip-resistant seal/finish applied that results in a consistent shine. Floors and cove-bases shall appear visibly and uniformly clean and disinfected. This shall include the elimination of dust streaks, lint, standing water, cleaner residue, and film.

Air Vents: Shall be free of dust and soil. This also pertains to air distribution units and exhaust vents. They shall appear visibly and uniformly clean.

Light Fixtures: Shall be free of dust and soil without causing damage. Diffusers shall remain in proper position and appear streak-free and uniformly clean.

Entrances – Cleaning Standards
Mats and Carpet: Shall be free of spots, stains, gum, dirt, and debris without causing damage. They shall appear visibly and uniformly clean. Adjoining walls, doors, and floor surfaces shall also be free of dust, soil, and cleaner residue.

Glass and Metal Surfaces: Shall appear streak-free, film-free, and uniformly clean. This shall include the elimination of dust and soil from sills and ledges and heat registers.

Corners/Thresholds: Shall be free of dust, cobwebs, dried-soil, crud, finish build-up and debris. These areas shall appear visibly and uniformly clean. This shall include the elimination of cleaner residue.

Floors Cove-bases and Carpet: Shall be free of dust, cobwebs, dried-soil, gum, spots, stains, and debris. Hard/resilient floors shall have multiple coats of a slip-resistant seal and finish applied that results in a consistent high-shine. Floors, carpet, and cove-bases shall appear visibly and uniformly smooth and clean. This shall include the elimination of dust streaks, lint, standing water, cleaner residue, and film.

Walls and Fixtures: Shall be free of dust, cobwebs, dried-soil, and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This shall include the elimination of film, streaks, and cleaner residue.

Elevators – Cleaning Standards
Tracks: Shall be free of dirt and debris. Tracks shall appear visibly clean. This shall include the elimination of standing water from wet cleaning procedures.

Lights: Shall be free of dust, cobwebs, soil, spots, and stains without causing damage.

They shall appear streak-free, film-free, and uniformly clean. Bright metal surfaces shall be polished to a high-shine. This shall include the elimination of polish residue and/or film. 976
Corridor – Cleaning Standards
Floors Cove-bases and Carpet: Shall be free of dust, cobwebs, dried-soil, gum, spots, stains, and debris. Hard/resilient floors shall have multiple coats of a slip-resistant seal and finish applied that results in a consistent high-shine. Floors, carpet, and cove-bases shall appear visibly and uniformly smooth and clean. This shall include the elimination of dust streaks, lint, standing water, cleaner residue, and film.

Water Fountains: Shall be free of dust, soil, scale, and water spots without causing damage. Bright work shall be disinfected and polished to a streak-free shine. Water fountains shall appear visibly and uniformly clean. This shall include the elimination of film and cleaner residue.

Stairwells – Cleaning Standards
Rails and Walls: Shall be free of dust, cobwebs, dried-soil, and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This shall include the elimination of film, streaks, lint, standing water, cleaner residue, or film.

Steps and Landings: Shall be free of dust, cobwebs, dried soil, gum, stains, and debris.

This shall include risers and cove-bases. These surfaces shall appear uniformly smooth and clean without leaving dust streaks, lint, standing water, cleaner residue, or film.

Windows & Blinds – Cleaning Standards: The contractor is responsible for cleaning the interior and exterior of the building windows per the specification. Blinds shall be cleaned by dusting and/or wiping with damp cloth. Windows to be dirt and streak free. Special precautions are to be taken to ensure window films/tinting is not damaged during the cleaning process.

Miscellaneous – Cleaning Standards
Air Vents: Shall be free of dust and soil. This also applies to air distribution units and exhaust vents. They shall appear visibly and uniformly clean.

Light Fixtures: Shall be free of dust and soil without causing damage. Diffusers shall remain in proper position and appear streak-free and uniformly clean.

Janitor Closets and Storerooms
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Shelves: Shall be free of dust, cobwebs, dried-soil, and soil. They shall appear visibly and uniformly clean. Supplies and equipment shall be stocked and organized neatly on shelves.

Janitor Carts: Shall be free of dust, dried-soil, and soil. They shall appear visibly and uniformly clean. Supplies and equipment stored on janitor carts shall also be free of dust and soil and organized neatly.

Equipment: Shall appear visibly clean and organized. All mops will be wrung out and the mop buckets are to be empty and clean when not in use.

Walls: Shall be free of dust, cobwebs, dried-soil, and soil. They shall appear visibly and uniformly clean. This shall include the elimination of film, streaks, and cleaner residue.

Utility Sinks: Shall be free of dust, soil, cleaner residue, and soap film. Utility sinks shall appear visibly and uniformly clean. This shall include the elimination of streaks, embedded soil, film, and water spots. Bright work shall be cleaned, de-scaled, and polished.

Floors: Shall be free of dust, cobwebs, dried-soil, gum, spots, stains, and debris.

Hard/resilient floors shall have multiple coats of a slip-resistant seal and finish applied that result in a consistent high-shine. Floors shall appear visibly and uniformly smooth and clean.

This shall include the elimination of dust streaks, lint, standing water, cleaner residue, and film.

Performance Inspections
Section F
Custodial
The purpose of the Performance Inspections is to ensure a high level of workmanship as well as to ensure the Quality, Health and Cleaning Standards throughout this Scope/Specification are consistently achieved. Attached is a Performance Inspection Sheet that will be used by both the contractor and the City of Orange to monitor performance. The following intervals will be used for these inspections.

1. Contractor – Weekly

2. City of Orange – Weekly

3. The Contractor shall perform weekly quality inspections of all sites and submit a written inspection report to the City of Orange. The contents and format of the inspection report shall be determined by the contactor and the City of Orange at the execution of the Agreement. A Performance Inspection Form will be provided by the City of Orange.

4. The Contractor shall perform quality inspections with the City of Orange designated representative. This inspection shall be of all sites covered by this Agreement with a written inspection report summary submitted by the City of Orange designated representative.
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5. All noted deficiencies shall be corrected within 48 hrs. of inspection. Repeated deficiencies of the same nature and site could result in penalties including contract termination as outlined in the Agreement.

Each Restroom will have a “Restroom Service Record” signature sheet on site. These will be filled out daily and collected monthly for reviewing purposes by the City of Orange.

Custodial Performance Inspection sheet and Schedules I, II, and III daily will be posted at each facility for the Contractors employees to use as reference and City staff to monitor. 979
Sample Custodial Performance Inspection
Form
Building: _______________________ Date:_____________

PERFORMANCE INSPECTION FORM
Dept.: ABOVE

STANDARD

STANDARD BELOW

STANDARD
INSPECTOR:

AREAS INSPECTED COMMENTS

1. Entrances & Lobbies
a. Mats, Carpets
b. Glass, Metal Surfaces
c. Corners, Thresholds
d. Dusting
e. Floor Appearance
f. Sweeping, Vacuuming
g. Walls
h. Fixtures
I. Walkways / Breezeways

2. Elevators
a. Tracks
b. Lights
c. Walls, Doors
d. Floors, Carpets

3. Corridors/Circulation Areas
a. Sweeping, Vacuuming
b. Floor Appearance
c. Baseboards
d. Walls
e. Water Fountains
f. Fixtures

4. Stairwells
a. Rails, Walls
b. Steps, Landings

5. Restrooms
a. Dispensers, Hardware
b. Sinks
c. Mirrors
d. Toilets, Urinals
e. Partitions/Walls
f. Floors, Baseboards
g. Waste Containers

6. Offices/Conference Rooms/Library
a. Furniture
b. Telephones
c. Walls, Doors, Spot
Cleaning
d. Waste
Containers/Recycling
e. Partitions
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f. High/Low Dusting
g. Floor Appearance
h. Sweeping, Vacuuming
i. Baseboards
j. Edge vacuuming

7. Windows
a. Glass
b. Sills, Frames
c. Blinds

8. Miscellaneous
a. Air Vents
b. Light Fixtures
c. Carpet Spotting
d. Vending areas
e. Floor waxing, Spray
buffing

9. Janitor Closets
a. Cleanliness
b. Organization
c. Supplies/Equipment

10. Recycling
a. Paper Recycling Bins
b. Beverage Container
Bins

11. Kitchen
a. Kitchen
b. Kitchen Sinks
c. Kitchen Counters
d. Kitchen Table & Chairs
e. Kitchen Floors
f. Kitchen Appliances
Notes:
______________________________________________________________________________ ______________________________________________________________________________ _____________________________________________
Corrective Actions:
______________________________________________________________________________ ______________________________________________________________________________ _____________________________________________
Completed By: ________________________ Date: _______________ 981
Restroom Daily Service Record
Month/Yr: _____ Building: _____________ Restroom Location: _____________ Restroom Daily Service Record
Serviced by: Time Day of Month Serviced by: (2nd Service) Time: (2nd Service) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 982
City of Orange Contact Information
For CITY PARKS
Section G
City of Orange – Community Services
Paul Miller, Parks Maintenance Supervisor
637 W. Struck Ave
Orange, CA 92867
Office: 714-532-6472
David Nobbs, Parks Maintenance Supervisor
637 W. Struck Ave
Orange, CA 92867
Office – 714-532-6468
City of Orange – Graffiti Hotline
(714) 744-7279
City of Orange Police Department (non-emergency)
(714) 744-7444
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Attachment 3:

CUSTODIAL SERVICES FOR CITY PARKS FACILITIES
1060. The following definitions shall apply throughout this chapter:
(a) “Awarding authority” means any person that awards or otherwise enters into contracts for janitorial or building maintenance services performed within the State of California, including any subcontracts for janitorial or building maintenance services. (b) “Contractor” means any person that employs 25 or more individuals and that enters into a service contract with the awarding authority.
(c) “Employee” means any person employed as a service employee of a contractor or subcontractor who works at least 15 hours per week and whose primary place of employment is in the State of California under a contract to provide janitorial or building maintenance services. “Employee” does not include a person who is a managerial, supervisory, or confidential employee, including those employees who would be so defined under the federal Fair Labor Standards Act. (d) “Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts.
(e) “Service contract” means any contract that has the principal purpose of providing services through the use of service employees.
(f) “Subcontractor” means any person who is not an employee who enters into a contract with a contractor to assist the contractor in performing a service contract. (g) “Successor service contract” means a service contract for the performance of essentially the same services as were previously performed pursuant to a different service contract at the same facility that terminated within the previous 30 days. A service contract entered into more than 30 days after the termination of a predecessor service contract shall be considered a “successor service contract” if its execution was delayed for the purpose of avoiding application of this chapter. 1061.
(a) (1) If an awarding authority notifies a contractor that the service contract between the awarding authority and the contractor has been terminated or will be terminated, the awarding authority shall indicate in that notification whether a successor service contract has been or will be awarded in its place and, if so, shall identify the name and address of the successor contractor. The terminated contractor shall, within three working days after receiving that notification, provide to the successor contractor identified by the awarding authority, the name, date of hire, and job classification of each employee employed at the site or sites covered by the terminated service contract at the time of the contract termination.
(2) If the terminated contractor has not learned the identity of the successor contractor, if any, the terminated contractor shall provide that information to the awarding authority, which shall be responsible for providing that information to the successor contractor as soon as that contractor has been selected.
(3) The requirements of this section shall be equally applicable to all subcontractors of a terminated contractor. LABOR CODE
DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.5] PART 3. PRIVILEGES AND IMMUNITIES [920 - 1138.5]
CHAPTER 4.5. Displaced Janitor Opportunity Act [1060 - 1065] (as of January 1, 2020)
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(b) (1) A successor contractor or successor subcontractor shall retain, for a 60-day transition employment period, employees who have been employed by the terminated contractor or its subcontractors, if any, for the preceding four months or longer at the site or sites covered by the successor service contract unless the successor contractor or successor subcontractor has reasonable and substantiated cause not to hire a particular employee based on that employee’s performance or conduct while working under the terminated contract. This requirement shall be stated by awarding authorities in all init0ial bid packages that are governed by this chapter. (2) The successor contractor or successor subcontractor shall make a written offer of employment to each employee, as required by this section, in the employee’s primary language or another language in which the employee is literate. That offer shall state the time within which the employee must accept that offer, but in no case may that time be less than 10 days. Nothing in this section requires the successor contractor or successor subcontractor to pay the same wages or offer the same benefits as were provided by the prior contractor or prior subcontractor. (3) If at any time the successor contractor or successor subcontractor determines that fewer employees are needed to perform services under the successor service contract or successor subcontract than were required by the terminated contractor under the terminated contract or terminated subcontract, the successor contractor or successor subcontractor shall retain employees by seniority within the job classification.
(c) The successor contractor or successor subcontractor, upon commencing service under the successor service contract, shall provide a list of its employees and a list of employees of its subcontractors providing services at the site or sites covered under that contract to the awarding authority. These lists shall indicate which of these employees were employed at the site or sites by the terminated contractor or terminated subcontractor. The successor contractor or successor subcontractor shall also provide a list of any of the terminated contractor’s employees who were not retained either by the successor contractor or successor subcontractor, stating the reason these employees were not retained.
(d) During the 60-day transition employment period, the successor contractor or successor subcontractor shall maintain a preferential hiring list of eligible covered employees not retained by the successor contractor or successor subcontractor from which the successor contractor or successor subcontractor shall hire additional employees until such time as all of the terminated contractor’s or terminated subcontractor’s employees have been offered employment with the successor contractor or successor subcontractor.
(e) During the initial 60-day transition employment period, the successor contractor or successor subcontractor shall not discharge without cause an employee retained pursuant to this chapter. Cause shall be based only on the performance or conduct of the particular employee. (f) At the end of the 60-day transition employment period, a successor contractor or successor subcontractor shall provide a written performance evaluation to each employee retained pursuant to this chapter. If the employee’s performance during that 60-day period is satisfactory, the successor contractor or successor subcontractor shall offer the employee continued employment. Any employment after the 60-day transition employment period shall be at-will employment under which the employee may be terminated without cause.
1062.
(a) An employee, who was not offered employment or who has been discharged in violation of this chapter by a successor contractor or successor subcontractor, or an agent of the employee may bring an action against a successor contractor or successor subcontractor in any superior court of the State of California having jurisdiction over the successor contractor or successor subcontractor. Upon finding a violation of this chapter, the court shall award backpay, including the value of benefits, for 985
each day during which the violation has occurred and continues to occur. The amount of backpay shall be calculated as the greater of either of the following:
(1) The average regular rate of pay received by the employee during the last three years of the employee’s employment in the same occupation classification multiplied by the average hours worked during the last three years of the employee’s employment. (2) The final regular rate of pay received by the employee at the time of termination of the predecessor contract multiplied by the number of hours usually worked by the employee. (b) The court may order a preliminary or permanent injunction to stop the continued violation of this chapter.
(c) If the employee is the prevailing party in the legal action, the court shall award the employee reasonable attorney’s fees and costs as part of the costs recoverable. (d) In the absence of a claim by an employee that he or she was terminated in violation of this chapter, an employee may not maintain a cause of action under this chapter solely for the failure of an employer to provide a written performance evaluation. 1063.
(a) This chapter only applies to contracts entered into on or after January 1, 2002. (b) Except for the obligations specified in subdivisions (a) and (b) of Section 1061, nothing in this chapter changes or increases the relationship or duties of a property owner or an awarding authority, or their agents, with respect to contractors, subcontractors, or their employees. (c) Nothing in this chapter limits the right of a property owner or an awarding authority to terminate a service contract or to replace a contractor with another contractor or with the property owner’s or awarding authority’s own employees.
1063.5.
(a) This chapter shall apply to every contractor that provides food and beverage services at a publicly owned entertainment venue.
(b) For purposes of this chapter, and in addition to the definitions specified in Section 1060, the following terms shall also have the following meanings:
(1) “Awarding authority” means any person that awards or otherwise enters into contracts for food and beverage services at a publicly owned entertainment venue. (2) “Contractor” means any person that employs an individual to provide food and beverage services at a publicly owned entertainment venue.
(3) “Employee” means any person employed to provide food and beverage services at a publicly owned entertainment venue.
(4) “Publicly owned entertainment venue” means a venue that meets all of the following:
(A) Has been in operation for 15 years or more.
(B) Is located in a zone designated under Chapter 12.8 (commencing with Section 7070) of Division 7 of Title 1 of the Government Code.
(C) Hosts concerts, shows, or sporting events on a noncontinuous basis. (c) This section shall remain in effect only until December 31, 2014, and as of that date is repealed. 1064. Nothing in this chapter shall prohibit a local government agency from enacting ordinances relating to displaced janitors that impose greater standards than, or establish additional enforcement provisions to, those prescribed by this chapter.
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1065. If any provision or provisions of this chapter or any application thereof is held invalid, that invalidity shall not affect any other provisions or applications of this chapter that can be given effect notwithstanding that invalidity.
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Attachment 4:

CUSTODIAL SERVICES FOR CITY PARKS
Sample Liability Insurance
Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01).

2. Insurance Services Office Form Number CA 00 01 covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

Contractor shall maintain limits no less than:

1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance or
other form with a general aggregate limit
is used, either the general aggregate limit
shall apply separately to this
project/location or the general aggregate
limit shall be twice the required occurrence
limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: As required by the State of California.

4. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, it officers, officials and employees; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
988

1. The City, its officers, officials, agents and employees are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage shall be provided in the form of an Additional Insured Endorsement (Insurance Services Office, Inc. Form CG 20 10 11 85 or such other form as may be acceptable to the City) to the Contractor’s insurance policy, or as a separate owner’s policy.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials and employees. Any insurance or selfinsurance maintained by the City, its officers, officials and employees shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice has been provided to the City
The Contractor shall furnish the City with original certificates of insurance and endorsements effecting coverage required by this clause. The endorsements should be on forms acceptable to City. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

All insurance procured and maintained by the Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in the State of California and having a rating of Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide.

Contractor shall immediately notify the City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by the City. In such a case, the City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set-off from any sums owed Contractor.

Contractor hereby agrees to waive subrogation, which any insurer of the Contractor may acquire from the Contractor by virtue of the payment of any loss. The Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

The Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.
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Attachment 5:

CUSTODIAL SERVICES FOR CITY PARKS

STATEMENT OF REQUIRED INFORMATION AND EXPERIENCE
The proposer is required to supply the following information on the forms provided. Additional sheets may be attached if necessary:

1. The proposer shall provide the following:
a) Company Name:
b) Type of Entity (for example, a California corporation): ______ c) License Number:
d) License Class:
e) License Expiration Date:

2. Number of years’ experience as custodial and housekeeping services to all of the buildings, and/or parks and facilities and emergency response services for public agencies: __________________

3. List at least three (3) public agencies or contracts for work similar in nature and scope to the work for which this proposal is being submitted. Such work or contracts must have been performed or under contract during the past five (5) years.
a) Name: _____________________________________________________________ ______ Address: ____________________________________________________________ City: ____________________________ State: _____________ Zip: _________________ Contact: ___________________________Telephone: (_____) _________________ _____ Type of Project: _______________________________________________________ Contract Duration: ___________________ Annual Contract Amount: ______ _____ b) Name: _____________________________________________________________ _____ Address: ____________________________________________________________ City: ____________________________ State: _____________ Zip: ___________ ______ Contact: ___________________________Telephone: (_____) _________________ _____ Type of Project: _______________________________________________________ Contract Duration: ___________________ Annual Contract Amount: ______ c) Name: _____________________________________________________________ ______ Address: ____________________________________________________________ City: ____________________________ State: _____________ Zip: ___________ _______ 990
Contact: ___________________________Telephone: (_____) _________________ ______ Type of Project: _______________________________________________________ Contract Duration: ___________________ Annual Contract Amount: _______ 991

LIST OF

SUBCONTRACTS
A. The undersigned intends to subcontract a portion of this project to the following subcontracts (Note: Refer to Section 2.3 of the Standard Specifications and Section 4100 through 4113 of the California Contract Code for SUBCONTRACT DISCLOSURE REQUIREMENTS.

NAME OF SUBCONTRACTOR LICENSE BID ITEM NUMBER(s) PERCENT OF
CHECK IF DESCRIBE WORK WHEN $ AMOUNT
AND ADDRESS NO. BID ITEM
SUBBED
SPECIALITY LESS THAN 100% OF WORK

IS SUBBED

BASED ON
BID
AMOUNT
$
B. The undersigned DOES NOT INTEND to subcontract any portion of this project.

NOTE: The bidder shall check Box A or B as applicable. If the bidder does not check either box, it will be deemed that he has checked Box B.

Signature of the Bidder
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Attachment No.6

FEE SCHEDULE

ALL PAGES IN THIS ATTACHMENT

MUST BE SUBMITTED IN

A SEPARATE SEALED ENVELOPE
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Fee Schedule for RFP No. 23-24.29
Cost for Custodial Services for City Parks
Prices valid for the total four years (Fiscal Year ending 2025 through Fiscal Year ending 2028) of agreement
Monthly rate
Facility Year 1 Year 2 Year 3 Year 4
Eisenhower Park (1,096 s/f)
El Camino Park (2,035 s/f)
El Camino Park Comm. Room (1,500
s/f)
El Modena Park (850 s/f)
Fred Barrera Park (960 s/f)
Grijalva Park (986 s/f)
Grijalva Sports Center (14,457 s/f)
Handy Park Restroom (960 s/f)
Handy Park Comm. Room (1,200 s/f)
Hart Park (2,220 s/f)
Hart Park Community Room (820 s/f)
Hart Park Pool Building (Seasonal)
(3,524 s/f)
Hart Park Pool Exterior Restrooms (860
s/f)
Killefer Park Recreation Center (2,100
s/f)
La Veta (960 s/f)
McPherson Athletic Facility (950 s/f)
Olive Park (960 s/f)
Olive Park Community Room (3,166 s/f)
Pitcher Park (180 s/f)
Santa Fe Depot-Metrolink Train Station
(100 s/f)
Santiago Hills Park (700 s/f)
Senior Center (12,300 s/f)
Senior Center Day Porter
Serrano Park (400 s/f)
Shaffer Park (692 s/f)
Shaffer Park Community Room (3,134
s/f)
Steve Ambriz Memorial Park (2,220 s/f)
Yorba Park (153 s/f)
*Bi-annual cleanings at Hart Park Pool
Building
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Total cost per year (including bi-annual cleanings and three months of seasonal custodial services at Hart Park Pool).

Contract Year Total Cost
Year 1 (July 1, 2024-June 30, 2025)
Year 2 (July 1, 2025-June 30, 2026)
Year 3 (July 1, 2026-June 30, 2027)
Year 4 (July 1, 2027-June 30, 2028)
Fee Schedule for RFP 23-24.29
Cost for Custodial Services for City Parks
Prices valid for the total four years of agreement
Provide separate cost for extra work or project cleaning as indicated below:

Description Hourly
Rate
Weekend Rate Holiday
Rate
Crew Size
Custodian for extra
cleanings
n/a
Day Porter n/a
Supervisor n/a
Hazardous Materials.

Clean-up Crew
Tile Floor Waxing Crew
Carpet Cleaning Crew
Window Cleaning Crew
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Proposer’s Signatures
Insert full name of Corporation (or General Partnership, Limited Partnership, Limited Liability Company, Sole Proprietorship):

If necessary, doing business as: ____________________________________________ Printed Name:

Signature:

Title: Date:

Email:

Printed Name:

Signature:

Title: Date:

Email:

RFP 23-24.29 CUSTODIAL SERVICES FOR CITY PARKS

PROPOSAL SHEET
Date: ___________
Bid Submitted by:

Company Name: _
Address: _
Phone Number:

E-mail Address:

Contact Name:

Signature of Responsible Officer or Employee Print Name 996
The stated bid amount below constitutes the total dollar amount to perform the work described in the above scope of services to include all that is required to provide the work product and/or install all materials required to complete the work to a professional workmanship standard, and to install and apply all materials per all manufacturer’s specifications and recommendations.

Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is experienced in performing the work and will follow professional standards in performance of the work. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices.

TOTAL BID AMOUNT- (Lump Sum): $__________________________

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CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT www.cityoforange.org PHONE: (714) 744-7274 • FAX: (714) 744-7251 ADDENDUM #1
Request for Proposals (RFB) Bid No. 23-24.29
Custodial Services for City Parks
March 12, 2024
This addendum serves as written notice of the following corrections, clarifications, additions and/or deletions to any and all copies of the Request for Proposal Bid No. 23-24.29

1. Will the City please provide a copy of a sample contract for legal review? • Yes, please see Exhibit 1 to this addendum.

2. Will the City please clarify the proposal due date?
• March 21, 2024, at 2 p.m.

3. Days of Service: Could you please provide clarification on the expected days of custodial service at each park? Specifically, we would like to confirm whether the services are anticipated to be provided 7 days a week or if there is a specific schedule we should follow?
• Services are to be provided 7 days per week, 365 days per year.

4. Prevailing Wages: We would also like to inquire about the prevailing wage requirements for this project. Could you provide information on whether prevailing wages are mandatory for the custodial services outlined in the RFP? • Yes, the contractor shall pay prevailing wages per the current Department of Industrial Relations wage rate (including all schedule increases) and furnish Certified Payroll Reports for all workdays.

5. In the “selection criteria” paragraph two the firm’s project manager will work effectively with City Staff and complete assigned tasks within budget. Please specify if the project manager is solely dedicated to the City of Orange.
998
• The project manager does not need to be solely dedicated to the City of Orange so long as adequate time and effort is provided by the project manager to complete the work to the City of Orange standards and specifications.

6. Regarding the section of Supervisory of Staff will the City please describe the specific duties of the supervisor/ foreman? Will the supervisor/ foreman be solely dedicated to the City of Orange?
• The supervisor/ foreman does not need to be solely dedicated to the City of Orange so long as adequate time and effort is provided by the supervisor/ foreman to complete the work to the City of Orange standards and specifications. At a minimum, supervisor/ foreman should oversee custodial staff to ensure work is complete to the City of Orange standards and specifications.

7. Can you please provide the intended job duties and if the Account Managers are to be solely dedicated to the city.
• Account managers do not need to be solely dedicated to the City of Orange so long as adequate time and effort is provided by the account manager to complete the work to the City of Orange standards and specifications. At a minimum, account managers must be the point of contact for the City regarding any issues and communication that may arise in the execution and adjustment of the work specified.

8. Please verify The City wants two account managers.
• Yes, the City is requesting two account managers.

9. The initial term of the contract to be awarded pursuant to this solicitation for proposals will be four (4) years, commencing July 1, 2024, and expiring on June 30, 2028. Regarding the proposed four-year contract term, starting from July 1, 2024, and ending on June 30, 2028, will the City permit annual billing increases during the contract's duration? • The fee schedule section of the RFP includes a request for monthly billing rate for each facility for each year of the agreement. Additionally, a total annual expense is requested for each year of the agreement. Increased billing rates will be accepted when included in this section of the agreement. The rates included in this section of the RFP will be memorialized in the agreement between the City and the selected vendor.

10. Should the bid consider wage increases for 2024 and 2025? • This is left to the discretion of the proposer. As stated above, the rates included in the fee schedule section of the RFP will be memorialized in the agreement between the City and the selected vendor.

11. Will the city allow for additional billing increases if there are changes in prevailing wages? • The City is open to negotiating reasonable and defensible contract increases after contract execution. This option will be discussed with the selected vendor when appropriate.

12. What is the current monthly / yearly budget that the City has with the current vendor? • Please see Exhibit 2 to this addendum.

13. Is the City open to receiving proposed revisions (redlines) to the contract terms? • This issue will be discussed with the selected vendor when appropriate. 999

14. How many vehicles are required for this project?
• This is left to the discretion of the proposer.

15. Could the committee share an example of the schedule currently implemented by the incumbent vendor?
• We do not have a sample schedule available to share.

16. Attachment No. 2 - CITY PARKS CUSTODIAL SCOPE OF WORK & SPECIFICATIONS (RFP No. 23-24.29), under General Custodial Requirements, section 21 stipulates All vehicles shall be supplied with a GPS tracking device. The City representative shall be provided access to the tracking software on his/her desktop. What software is currently being used?
• The City does not currently implement this practice. Upon further review, this provision of Attachment No. 2 to the RFP 23-24.29 on 2/15/2024 regarding GPS tracking software is no longer required. See Exhibit 3 to this addendum for a revised City Parks Custodial Scope of Work and Specification – General Custodial Requirements section only. All other sections of Attachment 2 to the original RFP 23-24.29 bid packet issued on 2/15/2024 remain unchanged and should be referenced in the original Attachment 2 to RFP 23-24.29.

17. How many refrigerators, stove/ovens and microwaves are there at Shaffer Park and Olive Park Kitchens?
• At both Shaffer Park and Olive Park kitchens, there is 1 refrigerator, 1 range, and 1 microwave.

18. Are there designated areas at each park allocated for the storage of Janitorial Equipment and Supplies?
• No, the contractor must transport equipment for each visit.

19. When were the quarterly and annual tasks last completed for flooring, carpets and windows?
• The current cycle of quarterly cleanings will be completed by the end of March.

Annual cleanings were last completed in December.

20. Can you provide the number of windows with maximum heights to be cleaned? • The City does not have an inventory of this information. Proposers are welcome to visit the park locations to conduct research for their proposal while the park is open to the public.

21. Would City be open to utilizing mobile quality assurance technology and electronic inspection sheets/ logs instead of paper sheets?
• This issue can be discussed with the selected vendor when appropriate.

22. Please confirm who will be responsible for the purchasing of the air freshers. • The contractor will supply the air fresheners.

23. What is the frequency time and date of cleaning for the Santa Fe Depot-Metrolink Train Station?
• This location was included in error. Please see Exhibit 4 to this addendum for a revised Bid Sheet.
1000
Exhibit 1: Sample Agreement
1001

CUSTODIAL SERVICES CONTRACT
[[insert name or location/facilities] (Bid No. ***-**)] THIS CONTRACT (the “Contract”) is made and entered into as of ___________________, 20__ (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and [insert Contractor’s legal name and type of entity] (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment necessary to complete in good workmanship and substantial manner the work and services (the “Work”) described in the Custodial Specifications, which are attached as Attachment No. 1, at the locations and at the associated costs set forth in Attachment No. 2, which are incorporated herein by this reference. b. The Work shall be performed in conformity with the Custodial Specifications at City buildings and facilities identified in the Custodial Specifications and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.
c. Unless and until otherwise notified in writing by City’s Community Services Director, City’s [insert title], [insert name] (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of the Authorized City Representative or such other person as City’s Community Services Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Community Services Director.

ARTICLE 2
Commencement of Work
Contractor shall commence the Work provided for in this Contract within ten (10) days of the Effective Date and diligently prosecute completion of the Work. Time is of the essence in this Contract. Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.

ARTICLE 3
Compensation
1002
a. Except for any additional work or services authorized by the Authorized City Representative, Contractor agrees to receive and accept an amount not to exceed [insert amount] DOLLARS and [##]/100 ($[insert amount]) as full compensation for furnishing all materials and doing all the Work described in the Custodial Specifications (the “Base Compensation). City shall pay to Contractor the sum of 1/12th of the Base Compensation [or [insert amount] DOLLARS and [##]/100 ($[insert amount])] each month during the Initial Term; provided, however, that for each periodic carpet and window cleaning, City shall pay to Contractor the amount set forth in Attachment No. 2 for each of the facilities described therein for which such services and work are performed.
b. In addition to the regular janitorial and periodic carpet and window cleaning services to be performed by Contractor, the parties recognize that additional work and services may be required from time to time. In anticipation of such contingencies, the sum of [insert amount] DOLLARS and [##]/100 ($[insert amount]) may be made available in the discretion of the Authorized City Representative for payment to Contractor during the Initial Term or an Extension for any additional work or services authorized by the Authorized City Representative.

The Authorized City Representative is authorized to reimburse Contractor for the actual costs incurred by Contractor in performance of any such additional work or services in accordance with such amount as the Authorized City Representative and Contractor may agree upon in advance.

Contractor shall perform only that work or those services that are specifically requested and authorized by the Authorized City Representative from time to time during the Initial Term or an Extension.
c. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such work or services. Any cost estimate or proposal requested to be prepared by the Authorized City Representative will include a projection of recommended steps to be taken in the assigned matter and costs for each step.
d. As scheduled janitorial services, periodic carpet and window cleaning, and additional work or services are completed each month, Contractor shall submit to City an invoice for the work or services completed for the preceding month, authorized expenses and authorized periodic carpet and window cleaning or extra work or services actually performed or incurred.

City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice.

ARTICLE 4
Term; Extension; Compensation for Extension
a. The Initial Term of this Contract is [insert number] (##) years (the “Initial Term”), commencing [insert date] and expiring on [insert date] (the “Initial Expiration Date”); provided, however, that City has the right to extend the term of this Contract for the following extensions and upon the following terms:
1003
• First Extension (the “First Extension Term”) commencing on [insert date] and terminating on [insert date], in an annual amount not to exceed [insert amount] DOLLARS and [##]/100 ($[insert amount]) without the prior written authorization of City; and
• Second Extension (the “Second Extension Term”) commencing on [insert date] and terminating on [insert date], in an annual amount calculated as set forth in Subsection d, below, without the prior written authorization of City. • [Add additional Extension Terms as needed.]
b. The City Manager is authorized on behalf of City to give written notice to Contractor of City’s intention to exercise each Extension (if at all) no later than thirty (30) days prior to the Expiration Date of the then-current term; provided, however, that City’s notice of its intention to extend the term of this Contract for each Extension shall be expressly conditioned upon and subject to the approval by the City Council, in its sole and absolute discretion, of an amount sufficient to pay the compensation set forth herein for each Extension as part of its annual budget approval process prior to the beginning of each Extension. While the parties acknowledge that City is required to give its notice of intention to extend the term of this Contract not later than thirty (30) days prior to the Expiration Date of then-current term, it is possible that the City Council’s approval of its annual budget and appropriation of funds for the Extension in question may occur thereafter. Accordingly, if the City Council fails to approve and appropriate funds sufficient to pay the amount of compensation set forth herein, this Contract shall terminate and be of no further force and effect as of the expiration of the then-current term. Notwithstanding anything in this provision to the contrary, in the event City gives Contractor written notice exercising an Extension and City receives notice that appropriation of funds for the Extension in question are not available after Contractor has performed services under the Extension, City agrees that Contractor will be equitably compensated for all services performed under any portion of an Extension through the date of termination of the Contract. Except as specifically set forth herein, the terms and conditions of each Extension will be the same as the Initial Contract. c. Any Extension, if properly exercised, shall be memorialized in the form of an amendment to this Contract. The City Manager is hereby authorized to approve and execute amendments to this Contract reflecting the exercise of each Extension and the amount of compensation (including the amount of funds to be made available for additional work or services) payable to Contractor for each Extension.
d. Increase in Compensation for Extension Term. If City exercises its option to extend the term of the Contract: [Revise the following as necessary] (1) For the First Extension Term, there shall be no increase in compensation. (2) For the Second (or later) Extension Term, the Base Compensation payable to Contractor shall be increased on the commencement date of the Second (or later) Extension Term to the lesser of: (a) the percentage of increase or decrease in the most recently published Consumer Price Index (“CPI”) for the preceding twelve months; or (b) two percent (2%). In no 1004
event shall the Base Compensation payable to Contractor for the Second (or later) Extension Term be less than the Base Compensation payable immediately preceding that Term. The adjusted fee, if any, shall be rounded to the nearest dollar
(3) For the purpose of this Contract, the term “Consumer Price Index” or “CPI” means the Consumer Price Index for All Urban Consumers (CPI-U) (Los Angeles-Long BeachAnaheim; all items, not seasonally adjusted; 1982-1984=100 reference base).

ARTICLE 5
Licenses
Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the Work contemplated by this Contract, and that Contractor and subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Contract.

ARTICLE 6
Independent Contractor; Contractor not Agent
a. At all times during the Term of this Contract, Contractor and its workers shall be an independent contractor and not employees of City. City shall have the right to control Contractor only insofar as the result of Contractor’s services rendered pursuant to this Contract.

City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Contract. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that it and any subcontractors, agents or employees employed by it shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
b. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

ARTICLE 7
Equal Employment Opportunity
During the performance of this Contract, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or 1005
any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor shall post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

ARTICLE 8
Compliance with Laws
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by Contractor or any subcontractor hereunder.
b. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the Term of this Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and (2) Has complied and shall at all times before, during and after this Contract comply, in all respects, with the Displaced Janitor Opportunity Act; and (3) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract; and
(4) Has properly maintained, and shall at all times during the term of this Contract properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and
(5) Has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any government inspection requests relating to immigration law 1006
compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration. c. Contractor shall require all subcontractors to make the same representations and warranties required by this Article 8 when hired to perform services under this Contract. d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall deliver to City before the commencement of Work under this Contract for each and every employee assigned to perform Work under this Contract and, thereafter, during the term of the Contract for each and every prospective employee hired to perform Work under this Contract the following verification that all such employees are eligible to work in the United States:
(1) Records sufficient to establish that it has complied with the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, as amended, and operated jointly by the United States Department of Homeland Security and the United States Social Security Administration, or a successor electronic verification of work authorization program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees pursuant to the Immigration Reform and Control Act of 1986. Contractor shall retain such records for the duration of such employee’s employment. The records maintained shall be immediately made available to City for inspection and audit upon written notice to Contractor by the City Manager; and
(2) A color photocopy of a current and active California Driver License or California Identification card issued by the Department of Motor Vehicles. e. To the extent permitted by law, City may conduct a background check on each and every prospective employee hired to perform Work under this Contract. No personnel of Contractor shall perform or commence to perform any services to City under this Contract unless and until City has conducted and completed to its satisfaction a Megan’s Law check and a background check or, conversely, notified Contractor that it has elected not to conduct a background check on one or more of Contractor's employees or prospective employees. The background check will be similar to that used for non-sworn Public Safety City employees and may consist of, among other things, the taking of fingerprints by the California Department of Justice, a check of police records, and a Megan's Law check through the Sex Offender Tracking Program at the California Department of Justice. Contractor shall cooperate with City in its background check process and to use its best efforts to have its employees and prospective employees (if any) cooperate with City in that process. f. All costs associated with the documentation and verification required in Subsection

8.d and 8.e shall be borne by Contractor. At such time as Contractor notifies City of the name(s) of the person (or persons) Contractor is considering to perform Work under this Contract, Contractor shall reimburse City for the actual cost to City associated with the conduct of a background check associated with the specified work location. If a prospective worker fails the background check, City shall refund to Contractor one-half of the amount paid for such person. 1007
Contractor may not change employees working under this Contract without written notice to City, accompanied by the documentation and verification required herein for such employees.

Contractor shall require all subcontractors to provide the same documentation and verification when hired to perform services under this Contract. City has the right, in its sole and absolute discretion, to reject any employee of Contractor assigned to perform services for City, with or without cause, at the time of such assignment or at any time thereafter, and Contractor shall remove that employee from providing services to City to the extent permitted by law and any applicable collective bargaining agreement. City’s rights under this Article shall not be exercised in an arbitrary or capricious manner, or with the intent of forcing a termination of this Contract g. If Contractor or a subcontractor knowingly employs an employee providing Work under this Contract who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, such shall constitute a material breach of this Contract and may be cause for immediate termination of this Contract by City. h. All materials, supplies and equipment provided under this Contract shall be in full compliance with the Safety Orders and Regulations of the Division of Industrial Safety of the State of California, Title 8, California Code of Regulations (CAL/OSHA) and all applicable OSHA regulations as well as all other applicable California Regulations. i. Contractor shall indemnify and hold City, its officers, officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulations in connection with the performance of this Contract.

ARTICLE 9
Displaced Janitor Opportunity Act
a. Contractor shall comply with the Displaced Janitor Opportunity Act (California Labor Code Section 1060 et seq.) (the “Act”), a copy of which is attached as Attachment No. 3 and incorporated herein by this reference.
[If applicable, insert sections b through l:]
b. [Insert name of prior contractor], (who, together with any subcontractors retained by [insert name of prior contractor] to perform the janitorial or custodial services for City, shall be referred to herein collectively as “Prior Contractor”) was the company under contract with City for the period prior to the Initial Term for the provision of the same work and services to City that are the subject of this Contract. [Insert name and position], is the contact person for Prior Contractor. [Insert name]’s contact information is as follows:
[Name of Prior Contractor]
[Address]
Telephone: [insert number]
c. Pursuant to the Act, Contractor shall retain, for a 60-day transition period commencing with the Effective Date of this Contract, any employees who had been employed by 1008
Prior Contractor for at least four (4) months prior to the Effective Date at any of City’s buildings and facilities which are the subject of this Contract, unless Contractor has reasonable and substantiated cause not to hire a particular employee based on that employee’s performance or conduct while under the City’s contract with Prior Contractor. d. For those employees described in the immediately preceding paragraph that must be retained by Contractor, Contractor is required to make a written offer of employment to each of those employees in such employee’s primary language or another language in which the employee is literate if each such employee’s performance during the 60-day transition period is satisfactory. That offer shall state the time within which the employee must accept that offer, but in no case may that time be less than ten (10) days. The Act does not require Contractor to pay the same wages or offer the same benefits as were provided by Prior Contractor. e. If at any time Contractor determines that fewer employees are needed to perform services under this Contract than were required by Prior Contractor, Contractor shall retain employees by seniority within the job classification.
f. Upon commencement of Work and services by Contractor under this Contract, Contractor shall provide to the Authorized City Representative a list of employees and a list of the employees of any subcontractors retained to provide services at City’s buildings and/or facilities.

Such list (or lists) shall indicate which of those employees were employed at those same City buildings and/or facilities by Prior Contractor. Contractor is also required to provide City with a list of any of Prior Contractor’s employees who were not retained either by Contractor or by any of its subcontractors, stating the reason those employees were not retained. g. During the 60-day transition period, Contractor shall maintain a preferential hiring list of eligible covered employees not retained by Contractor, from which Contractor is required to hire additional employees until such time as all of the employees of Prior Contractor have been offered employment.
h. During the 60-day transition period, Contractor shall not discharge any employee retained pursuant to the Act without cause, which cause shall be based only on the performance or conduct of the particular employee.
i. At the end of the 60-day transition period, Contractor shall provide a written performance evaluation to each employee retained pursuant to the Act. If the employee’s performance during that 60-day period is satisfactory, Contractor shall offer the employee continued employment. Any employment after the 60-day transition period shall be at-will employment under which the employee may be terminated without cause. j. Contractor hereby certifies that it has read and reviewed the Act and fully understands the same, including the rights of an employee not offered employment or discharged in violation of the Act, which are set forth with particularity in the Act and, more specifically, at Labor Code Section 1062. Contractor further certifies that it has received or has had the opportunity to receive full legal advice as to its legal rights and responsibilities under the Act. 1009
k. The aforementioned provisions of the Act apply to any subcontractors of Contractor. Contractor shall furnish or cause to be furnished to City evidence satisfactory to City that any subcontractor with whom Contractor has contracted for the performance of Work or services pursuant to this Contract as of the Effective Date of this Contract has complied with the Act.
l. The failure of Contractor to comply with the Act after notice and reasonable opportunity to cure may result in a breach or default in the terms of the Contract, in which case City may terminate this Contract or take such other legal action as may be available to City under the circumstances and deemed appropriate.

ARTICLE 10
Maintenance and Inspection of Records
In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Contract. During the term of this Contract and for a period of three (3) years after termination or completion of this Contract, City shall have the right to inspect and/or audit Contractor's records pertaining to the performance of this Contract at Contractor's office. Contractor shall make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

ARTICLE 11
Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against:
a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent to the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, or employees. The foregoing indemnity shall survive termination of this Contract. b. Any and all claims under workers’ compensation acts, the Displaced Janitor Opportunity Act, and other employee benefit acts with respect to Contractor’s employees or its subcontractor’s employees arising out of Contractor’s Work under this Contract, including any and all claims under any law pertaining to Contractor’s status as an independent contractor. 1010
ARTICLE 12
Insurance
a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Contract.
b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.
(1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.
(2) Automobile Liability $1,000,000 per accident for bodily injury and property damage.
(3) Workers’ Compensation as required by the State of California. (4) Employer’s Liability $1,000,000 per accident for bodily injury or disease. c. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. d. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or selfinsured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
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(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured.
(2) For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be in excess of Contractor’s insurance and shall not contribute with it. (3) Coverage shall not be canceled, except after thirty (30) days’ prior written notice has been provided to City.
f. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
g. All insurance procured and maintained by Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. h. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Contract unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contractor. i. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and subcontractors. Contractor shall obtain any other endorsement that may be necessary to effect this waiver of subrogation. j. Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.
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ARTICLE 13
Conflicts of Interest
Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.

ARTICLE 14
Indebtedness
If at any time during the progress of the Work, Contractor shall allow any indebtedness to accrue for labor, equipment, or materials, or which may become a claim, lien, or stop notice right against City, Contractor shall immediately upon request from City pay such claim or indebtedness or cause such lien or stop notice to be dissolved and discharged by giving a bond or otherwise and, in case of its failure so to do, City may withhold any money due Contractor until such claim or indebtedness is paid or may apply such money toward the discharge thereof; or in such event City may, at its option, declare this Contract to be terminated, take possession and control of the Work, and complete the same or cause the same to be completed according to the Custodial Specifications. Contractor shall pay to City the difference between the contract price and the actual cost to City in completing or causing the Work to be completed.

ARTICLE 15
Assignment
This Contract shall not be assigned in whole or in part, nor any duties delegated without City's prior written approval.

ARTICLE 16
Default; Waiver
a. Failure by Contractor to perform any action or covenant required by this Contract within the time periods provided herein following notice and failure to cure, as described hereafter, constitutes an "Event of Default" under this Contract.
b. If City claims a default, it shall give written notice to Contractor specifying the alleged grounds for the default. City shall not institute any proceeding against Contractor and Contractor shall not be in default if Contractor, within three (3) days from receipt of the notice, immediately, with due diligence, commences to cure, correct or remedy such failure or delay and completes such cure, correction or remedy with diligence within five (5) days following receipt of said notice, or for such defaults that cannot reasonably be cured within said five (5) day period, within such additional time as is reasonably necessary to cure such default. c. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Contract, City may institute an action at law or equity to seek specific performance 1013
of the terms of this Contract, or to cure, correct or remedy any Event of Default, to recover damages for any Event of Default, or to obtain any other remedy consistent with the purpose of this Contract. d. The failure by City to give notice of an Event of Default shall not be deemed an acceptance of such default or a waiver of the provisions of this Contract. Any failure or delay by either party in asserting any of its right and remedies as to a breach of any of the other party’s covenants, conditions or agreements set forth herein shall not operate as a waiver of such breach or of any such rights or remedies, or deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce such rights or remedies. A waiver by either party of a breach shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or agreements set forth in this Contract.

ARTICLE 17
Termination
a. City, acting through its City Manager or designee, may terminate this Contract, in whole or in part, for any reason, by giving not less than thirty (30) days’ written notice of intent to terminate to Contractor. Upon receipt of notice, Contractor shall discontinue all Work on the Contract as directed in the notice. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Contract, unless such termination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits. The provisions of this paragraph shall not limit or affect the right of City to terminate this Contract immediately upon written notice of breach. In the event of termination, the payment bond delivered to City at the time of the award of this Contract (as the same may be modified, supplemented and extended with the approval of City) shall remain in effect for six (6) months after the date of termination to provide surety that any vendors or laborers will be paid. b. Contractor may terminate this Contract at any time upon the giving of not less than ninety (90) days’ prior written notice to City.

ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
City of Orange
300 E. Chapman Avenue
Orange, CA 92866-1591
1014
Attn: ____________________ Attn: _______________________ Telephone: Telephone:

E-Mail: E-Mail:

ARTICLE 19
Governing Law and Venue
This Contract shall be construed in accordance with and governed by the laws of the State of California and Contractor shall submit to the jurisdiction of California courts. Venue for any dispute arising under this Contract shall be in Orange County, California.

ARTICLE 20
Integration and Amendment
a. This Contract constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the Work to be performed under this Contract shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Contract, after notice and reasonable opportunity to cure, shall not be compensated. Should there be any conflict between the terms of this Contract and any of the attachments hereto, this Contract shall control and nothing herein shall be considered as an acceptance of the said terms of said attachment conflicting herewith. b. Amendments to this Contract must be in writing and signed by both parties. [For contracts approved by the City Council: The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code.] ARTICLE 21
Counterparts
This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures. [Remainder of page intentionally left blank; signatures on next page] 1015
IN WITNESS of this Contract, the parties have entered into this Contract as of the year and day first above written.
“CONTRACTOR” “CITY”
[Insert name and type of entity] CITY OF ORANGE, a municipal corporation *By: By:

Printed Name: [Insert “Thomas C. Kisela,City
Manager” if
Title: Contract does not require Council
approval or “Daniel R. Slater, Mayor” if
Contract requires Council approval.]
*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk [This attestation
provision need only be included when the
Mayor signs the Contract.]
APPROVED AS TO FORM:

Senior Assistant City Attorney
*NOTE: The City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Contract. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Contract, must be provided to the City
1016
ATTACHMENT NO. 1

CUSTODIAL SPECIFICATIONS
Included in RFP No. 23-24.29, with revisions captured in Addendum 1 to RFP No. 23-24.29 1017
ATTACHMENT NO. 2

LOCATIONS AND COSTS
Included in RFP No. 23-24.29
1018
ATTACHMENT NO. 3

DISPLACED JANITOR OPPORTUNITY ACT
[Behind this sheet]
1019

LABOR CODE
DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.5] PART 3. PRIVILEGES AND IMMUNITIES [920 - 1138.5]
CHAPTER 4.5. Displaced Janitor Opportunity Act [1060 - 1065] (as of January 1, 2020)
1060. The following definitions shall apply throughout this chapter:
(a) “Awarding authority” means any person that awards or otherwise enters into contracts for janitorial or building maintenance services performed within the State of California, including any subcontracts for janitorial or building maintenance services.
(b) “Contractor” means any person that employs 25 or more individuals and that enters into a service contract with the awarding authority.
(c) “Employee” means any person employed as a service employee of a contractor or subcontractor who works at least 15 hours per week and whose primary place of employment is in the State of California under a contract to provide janitorial or building maintenance services. “Employee” does not include a person who is a managerial, supervisory, or confidential employee, including those employees who would be so defined under the federal Fair Labor Standards Act.
(d) “Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts. (e) “Service contract” means any contract that has the principal purpose of providing services through the use of service employees.
(f) “Subcontractor” means any person who is not an employee who enters into a contract with a contractor to assist the contractor in performing a service contract. (g) “Successor service contract” means a service contract for the performance of essentially the same services as were previously performed pursuant to a different service contract at the same facility that terminated within the previous 30 days. A service contract entered into more than 30 days after the termination of a predecessor service contract shall be considered a “successor service contract” if its execution was delayed for the purpose of avoiding application of this chapter. 1061.
(a) (1) If an awarding authority notifies a contractor that the service contract between the awarding authority and the contractor has been terminated or will be terminated, the awarding authority shall indicate in that notification whether a successor service contract has been or will be awarded in its place and, if so, shall identify the name and address of the successor contractor. The terminated contractorshall, within three working days after receiving that notification, provide to the successor contractor identified by the awarding authority, the name, date of hire, and job classification of each employee employed at the site or sites covered by the terminated service contract at the time of the contract termination. (2) If the terminated contractor has not learned the identity of the successor contractor, if any, the terminated contractor shall provide that information to the awarding authority, which shall be responsible for providing that information to the successor contractor as soon as that contractor has been selected. (3) The requirements of this section shall be equally applicable to all subcontractors of a terminated contractor.
(b) (1) A successor contractor or successor subcontractor shall retain, for a 60-day transition employment period, employees who have been employed by the terminated contractor or its subcontractors, if any, for the preceding four months or longer at the site or sites covered by the successor service contract unless the successor contractor or successor subcontractor has reasonable and substantiated cause not to hire a particular employee based on that employee’s performance or conduct while working under the terminated contract. This requirement shall be stated by awarding authorities in all init0ial bid packages that are governed by this chapter.
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(2) The successor contractor or successor subcontractor shall make a written offer of employment to each employee, as required by this section, in the employee’s primary language or another language in which the employee is literate. That offer shall state the time within which the employee must accept that offer, but in no case may that time be lessthan 10 days. Nothing in thissection requiresthe successor contractor or successor subcontractor to pay the same wages or offer the same benefits as were provided by the prior contractor or prior subcontractor.
(3) If at any time the successor contractor or successor subcontractor determines that fewer employees are needed to perform services under the successor service contract or successor subcontract than were required by the terminated contractor under the terminated contract or terminated subcontract, the successor contractor or successor subcontractor shall retain employees by seniority within the job classification.
(c) The successor contractor or successor subcontractor, upon commencing service under the successor service contract, shall provide a list of its employees and a list of employees of its subcontractors providing services at the site or sites covered under that contract to the awarding authority. These lists shall indicate which of these employees were employed at the site or sites by the terminated contractor or terminated subcontractor. The successor contractor or successor subcontractor shall also provide a list of any of the terminated contractor’s employees who were not retained either by the successor contractor or successor subcontractor, stating the reason these employees were not retained. (d) During the 60-day transition employment period, the successor contractor or successor subcontractor shall maintain a preferential hiring list of eligible covered employees not retained by the successor contractor orsuccessorsubcontractor from which the successor contractor orsuccessorsubcontractor shall hire additional employees until such time as all of the terminated contractor’s or terminated subcontractor’s employees have been offered employment with the successor contractor or successor subcontractor.
(e) During the initial 60-day transition employment period, the successor contractor or successor subcontractor shall not discharge without cause an employee retained pursuant to this chapter. Cause shall be based only on the performance or conduct of the particular employee. (f) At the end of the 60-day transition employment period, a successor contractor or successor subcontractor shall provide a written performance evaluation to each employee retained pursuant to this chapter. If the employee’s performance during that 60-day period is satisfactory, the successor contractor or successor subcontractor shall offer the employee continued employment. Any employment after the 60-day transition employment period shall be at-will employment under which the employee may be terminated without cause.
1062.
(a) An employee, who was not offered employment or who has been discharged in violation of this chapter by a successor contractor or successor subcontractor, or an agent of the employee may bring an action against a successor contractor or successor subcontractor in any superior court of the State of California having jurisdiction over the successor contractor or successor subcontractor. Upon finding a violation of this chapter, the court shall award backpay, including the value of benefits, for each day during which the violation has occurred and continues to occur. The amount of backpay shall be calculated as the greater of either of the following:
(1) The average regular rate of pay received by the employee during the last three years of the employee’s employment in the same occupation classification multiplied by the average hours worked during the last three years of the employee’s employment.
(2) The final regular rate of pay received by the employee at the time of termination of the predecessor contract multiplied by the number of hours usually worked by the employee. (b) The court may order a preliminary or permanent injunction to stop the continued violation of this chapter.
1021
(c) If the employee is the prevailing party in the legal action, the court shall award the employee reasonable attorney’s fees and costs as part of the costs recoverable. (d) In the absence of a claim by an employee that he or she was terminated in violation of this chapter, an employee may not maintain a cause of action under this chapter solely for the failure of an employer to provide a written performance evaluation.
1063.
(a) This chapter only applies to contracts entered into on or after January 1, 2002. (b) Except for the obligations specified in subdivisions (a) and (b) of Section 1061, nothing in this chapter changes or increases the relationship or duties of a property owner or an awarding authority, or their agents, with respect to contractors, subcontractors, or their employees. (c) Nothing in this chapter limits the right of a property owner or an awarding authority to terminate a service contract or to replace a contractor with another contractor or with the property owner’s or awarding authority’s own employees.
1063.5.
(a) This chapter shall apply to every contractor that provides food and beverage services at a publicly owned entertainment venue.
(b) For purposes of this chapter, and in addition to the definitions specified in Section 1060, the following terms shall also have the following meanings:
(1) “Awarding authority” means any person that awards or otherwise enters into contracts for food and beverage services at a publicly owned entertainment venue. (2) “Contractor” means any person that employs an individual to provide food and beverage services at a publicly owned entertainment venue.
(3) “Employee” means any person employed to provide food and beverage services at a publicly owned entertainment venue.
(4) “Publicly owned entertainment venue” means a venue that meets all of the following:
(A) Has been in operation for 15 years or more.
(B) Is located in a zone designated under Chapter 12.8 (commencing with Section 7070) of Division 7 of Title 1 of the Government Code.
(C) Hosts concerts, shows, or sporting events on a noncontinuous basis. (c) This section shall remain in effect only until December 31, 2014, and as of that date is repealed. 1064. Nothing in this chapter shall prohibit a local government agency from enacting ordinances relating to displaced janitors that impose greater standards than, or establish additional enforcement provisions to, those prescribed by this chapter.
1065. If any provision or provisions of this chapter or any application thereof is held invalid, that invalidity shall not affect any other provisions or applications of this chapter that can be given effect notwithstanding that invalidity.
1022
Exhibit 2: Current Contract Rates
1023
1024
1025
1026
1027
1028
Exhibit 3: Revised City Parks Custodial
Scope of Work and Specification –
General Custodial Requirements
1029

The City of Orange requires the following of the contractor retained for the performance of this contract:

2. Health: All personnel shall be in good health and free of contagious diseases.

The contractor shall immediately remove such persons from the performance of work under this Agreement.
1030

8. Non-Smoking Facilities: All City buildings and facilities are designated as nonsmoking facilities. No employee of the contractor shall smoke while within twenty-five (25) feet of any entry of said buildings or facilities.

11. Maintenance Repairs: Contractor shall report any maintenance repairs needed (i.e., leaking faucets; clogged drains; broken electrical plugs; lights out, etc.) to the City’s Community Services Department facilities maintenance division by phone (714-532- 1031
6472) or email at ([email protected]). To prevent clogging of drains, all wax stripper and dirty mop water are to be emptied into a flush toilet only and not into any of the urinals or floor sinks. No cleaning solutions are to be dumped or released to the environment. This includes in any of the parking lots.

16. Damage to City Property: Contractor shall be liable for any and all costs associated to damage or verifiable theft by Contractor to any property of the City or an employee of the City which is in any way related to the acts of the contractor or contractor's employees of obligations under the Agreement. Contractor shall not remove any property of any type from the City’s buildings or facilities without the expressed written consent of the City. A written report of damage or theft must be submitted to the City within 48 hours of occurrence.

17.City of Orange Telephone Usage: City owned telephones (including cell phones) shall not be used by the contractor or its employees for personal reasons during the execution of the scope of work with the following exception(s):
1032
a. To report medical emergencies, a fire or the need for law enforcement, in which event the contractor’s employees or agents may use a City phone to dial 9-911 from any extension.
b. Notification to the City of Orange Community Services Department Facilities Maintenance of damage or maintenance needed as required in this Agreement. c. Any calls to numbers other than those above will be considered a violation of this contract and grounds for immediate termination.

The following are examples of the type of work, which are considered extra work or services:
a. Cleaning areas not defined within these specifications; b. Increasing frequency of cleaning; or special projects. c. Hazardous Material (Haz Mat) clean up.

22.All custodial supervisors, day porters and at least one (1) person on each custodial crew must speak fluent English.

23.National Pollutant Discharge Elimination System (NPDES) Requirements:
a. The contractor shall comply with Local, State and Federal NPDES regulations including County Drainage Area Management Plan (DAMP) and the Agency’s Local Implementation Plan (LIP) at all times while providing services to the City of Orange.
b. The Contractor shall apply Storm Water Best Management Practices (BMP’s) for all pollution prevention of any discharge of waste water, chemicals, trash, debris and any other pollutants to the storm drain system and/or waters of state. c. Simply stated, all work is to be performed in a zero discharge manner. All water, chemicals, materials, products and supplies used for cleaning is to be recovered and properly disposed of within all applicable regulations. d. All mop and cleaning water used by the custodial contractor is to be dumped down a toilet and flushed.
1034
Exhibit 4: Revised Bid Sheet
1035
Fee Schedule for RFP No. 23-24.29
Cost for Custodial Services for City Parks
Prices valid for the total four years (Fiscal Year ending 2025 through Fiscal Year ending 2028) of agreement
Monthly rate
Facility Year 1 Year 2 Year 3 Year 4
Eisenhower Park (1,096 s/f)
El Camino Park (2,035 s/f)
El Camino Park Comm. Room (1,500
s/f)
El Modena Park (850 s/f)
Fred Barrera Park (960 s/f)
Grijalva Park (986 s/f)
Grijalva Sports Center (14,457 s/f)
Handy Park Restroom (960 s/f)
Handy Park Comm. Room (1,200 s/f)
Hart Park (2,220 s/f)
Hart Park Community Room (820 s/f)
Hart Park Pool Building (Seasonal)
(3,524 s/f)
Hart Park Pool Exterior Restrooms (860
s/f)
Killefer Park Recreation Center (2,100
s/f)
La Veta (960 s/f)
McPherson Athletic Facility (950 s/f)
Olive Park (960 s/f)
Olive Park Community Room (3,166 s/f)
Pitcher Park (180 s/f)
Santiago Hills Park (700 s/f)
Senior Center (12,300 s/f)
Senior Center Day Porter
Serrano Park (400 s/f)
Shaffer Park (692 s/f)
Shaffer Park Community Room (3,134
s/f)
Steve Ambriz Memorial Park (2,220 s/f)
Yorba Park (153 s/f)
*Bi-annual cleanings at Hart Park Pool
Building
1036
Total cost per year (including bi-annual cleanings and three months of seasonal custodial services at Hart Park Pool).

Description Hourly
Rate
Weekend Rate Holiday
Rate
Crew Size
Custodian for extra
cleanings
n/a
Day Porter n/a
Supervisor n/a
Hazardous Materials.

Clean-up Crew
Tile Floor Waxing Crew
Carpet Cleaning Crew
Window Cleaning Crew
1037

CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT www.cityoforange.org PHONE: (714) 744-7274 • FAX: (714) 744-7251 ADDENDUM #2
Request for Proposals (RFB) Bid No. 23-24.29
Custodial Services for City Parks
March 19, 2024
This addendum serves as written notice of the following corrections, clarifications, additions and/or deletions to any and all copies of the Request for Proposal Bid No. 23-24.29

1. Will the City please verify that 10 pages of the proposal do not include all the data sheets that you are requesting?
• The material safety data sheets are not part of the page limit. 1038
1039
1040
1041
1042
1043
1044
1045
1046
1047
1048
1049
1050
1051
1052
1053
1054
1055
1056
1057
1058
1059
1060
1061
1062
1063
1064
1065
1066
1067
1068
1069
1070
1071
1072
1073
1074
1075
1076
1077
1078
1079
1080
1081
1082
1083
1084
1085
1086
1087
1088
1089
1090
1091
1092
1093
1094
1095
Up To $ 1,518,670.76
Four Year Term
July 1, 2024 through June 30, 2028
$ 36,053.04 $ 396,583.47
Base Amount Contingency Total
$ 33,083.55 $ 363,919.03
$ 34,043.00 $ 374,473.03
$ 34,881.38 $ 383,695.22
Year 4: 7/2024 through 6/2028
$ 330,835.48
$ 340,430.03
$ 348,813.84
$ 360,530.43
Compensation for Merchants Building Maintenance, LLC
Custodial Services for City Parks (RFP 23-24.29)
Total Compensation
Year 1: 7/2024 through 6/2025
Year 2: 7/2024 through 6/2026
Year 3: 7/2024 through 6/2027
1096
1097
1098
1099
1100

Orange City CouncilJune 25, 2024

Orange City Council
June 25, 2024