DEPARTMENT OF PUBLIC WORKS
MAINTENANCE DIVISION
REQUEST FOR
QUALIFICATIONS
Janitorial Services
February 8, 2024
Proposals Must Be Received By:
March 7, 2024 by 4:00 p.m.
TABLE OF CONTENTS
A. INTRODUCTION
1. About San Pablo
2. Purpose for Request for Qualifications
B. SCOPE OF WORK
C. SOQ REQUIREMENTS
1. Letter of Interest / Cover Lette r
2. Firm(s) Statement of Qualifications
3. Scheduling Approach
4. Prevailing Wage
5. Rate Schedule
D. SOQ CONDITIONS
1. Local Employment and Contracting Opportunities
2. Questions
3. General Terms and Conditions
4. Agreement Term
E.
SOQ PROCEDURE
1. Submission of Proposals
2. Consul tant Selection Process
3. Evaluation Criteria
4. Tentative Proposal Schedule
F. ATTACHMENTS
City of San Pablo
Request for Qualifications
Janitorial Services – City Park Facilities
4 A. INTRODUCTION
1. About San Pablo
San Pablo is located in western Contra Costa County off Interstate 80, minutes away from the Bay Area cultural centers of Berkeley, Oakland and San Francisco. Interstate 80 is the principal arterial route between the Bay Area and Sacramento. The City of San Pablo is nestled between the cities of Pinole and Richmond and by the neighboring cities of El Cerrito and Hercules. Historically one of the oldest Spanish settlements in the region, San Pablo has become a thriving residential an d business community with a population of about 32,000 in an area of approximately tw o and one-half square miles. Additional information about the City can be obtained fr om the City of San Pablo website:
www.sanpabloca.gov.
2. Purpose for Request for Qualifications
The City of San Pablo (“City”) invites qualified maintenance and trade contractors (“Contractor”) to submit competitive Statements of Qualifications (“SOQ”) in response to this Request for Qualifications (“RFQ”). The City seeks S OQs from qualified contractors to provide janitorial services for City park facilities.
B. SCOPE OF WORK
The selected contractor will provide janitorial services for the public outdoor restrooms by restocking all needed supplies, sweeping and mopping facilities, hosing down walls, doors, mirrors and floors and removing surfac e dirt and light graffiti, cleaning and disinfecting sinks, water fountains, toilets and high touch areas, taking out the garbage to the dumpsters and replacing all trash cans with liners. Services also include unlocking the restrooms for the public during AM shift and locking the restrooms at night during the PM shift.
The City provides toilet paper, hand soap, trash cans and trash dumpster, access to water spigot and water key and a small storage cl oset on-site for supplies (no equipment storage). Contractor to provide all other cleaning products, supplies, and equipment.
The chosen contractor must be experienced in providing traditional janitorial services as well as acting in a liaison capacity by prov iding information and assistance to City staff regarding damage or graffiti to the site.
The Scope of Services contemplated, include, but are not limited to the following
City of San Pablo
Request for Qualifications
Janitorial Services – City Park Facilities
5 CITY OF SAN PABLO PARKS
Description of Work: Restock supplies, sweep, hose floors and entrances, clean graffiti from inside restroom, disinfect floors, take out trash to the dumpster(s) onsite, and scrub the sink/water fountains and toilet seats with disinfectant.
Site Name Site Location Months Days
Number
of Times
per Day Times
Rumrill Sports Complex 159 Rumrill Blvd Year-round Sat & Sun 2 7am &
Dusk
Davis Park - Old
Restrooms & Corp Yard 1667 Folsom Ave Year-round Sat & Sun 2 8am &
Dusk
Davis Park - Old
Restrooms & Corp Yard 1667 Folsom Ave
March through
October Mon-Fri 1 Dusk
Wanlass Park Restroom 2999 21st Street Year-round Sat & Sun 2 8am &
Dusk
Wanlass Park Restroom 2999 21st Street
March through
October Mon-Fri 1 Dusk
The selected contractor shall use the Cit y of San Pablo’s standard Maintenance and Trade Services Agreement (Agreement). A copy of the Agreem ent template is attached to this RFQ. Submitting a SOQ is acceptanc e of the Agreement as -is. Contractually required insurance coverage and endorsement information is shown in the body of the document.
C. SOQ REQUIREMENTS
Each SOQ must be submitted in compliance with the requirements of this RFQ. The City may, acting in its sole discretion, elect to reject any SOQ that it determines to be nonresponsive. It reserves the right, but not the obligation, to waive any immaterial irregularities.
The SOQ submittal shall be concise, well organized, and demonstrate expertise in the discipline(s) for the proposed services to be offered. Submittals shall be limited to 10 8½” x 11” pages. The proposal cover, table of contents, and dividers are NOT included in the page count.
Each SOQ must include the following, organized as Sections 1 through 5:
1. Letter of Interest / Cover Letter
A letter of interest/cover letter must be pr ovided transmitting the firm(s) submittal for consideration. The cover letter shall incl ude the primary contractor’s name, contact information (phone and email) and business address. Summarize your understanding of the scope of services and briefly introduce your team. The cover letter shall be signed by City of San Pablo
Request for Qualifications
Janitorial Services – City Park Facilities
6 the person authorized to negotiate a contract for proposed services with the City on behalf of the Contractor team. The cover letter must state that the sample Maintenance and Trade Services Agreement is acceptable as -is. Please do not submit a SOQ and subsequently request changes to the template Agreement.
2. Firm(s) Statement of Qualifications
Provide the qualifications and ex perience for the work in the submittal. Specifically include other local agencies for which you provide janitorial services. Include client name and contact information, description of work, and year of completion. These clients may be called as references for your company.
3. Scheduling Approach
Describe the Contractor’s proposed approach to this type of work and if relevant the typical approach to work similar to this.
4. Prevailing Wage
California Labor Code requires the on public works projects, pay to workers must be not less than the general prevailing wage for the work being done, regardless of worker title.
Any “contractor to whom (a) contract is awarded, and any subcontractor under (them), shall pay not less than the specified prevailing rates of wages to all (workers) employed in the execution of the contract.” This does not apply to public works contracts of $1,000 or less. All projects greater than $1,000 require prevailing wage rates. Contractors are required to make and maintain certified pay roll records available for inspection as requested by the City or the California Labor Commissioner for up to three years.
Responsive SOQs must state the Cont ractor’s understanding and compliance with prevailing wage requirements on public works projects.
5. Proposed Fee
Provide a monthly rate schedule and minimu m amount of hours required for providing janitorial services of identified scope of wo rk. Include any rate adjustments that are predicted to occur during the execution of the Agreement.
D. PROPOSAL CONDITIONS
1. Local Employment and Contracting Opportunities
a. Employment of Local Residents.
Pursuant to the San Pablo Economic Opport unity Policy, the Consultant and any subcontractors shall contact the San Pabl o Economic Development Corporation (“EDC” at [email protected] or 510-215-3200) at least ten business days prior to hiring or staffing for fulfillment of the Contract, describing number, duties and qualifications needed for available positions, and shall fairly consid er for employment any workers referred by the EDC within three business days. “Local Resident” means an individual having an adjusted household income of less than t he Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of t he relevant hiring date, with “domiciled” as defined by Sect ion 349(b) of the California Election Code. Discrimination City of San Pablo
Request for Qualifications
Janitorial Services – City Park Facilities
7 against Local Residents on the basis of their local status is prohibited.
b. Outreach to Local Businesses.
At least fourteen days prior to: (i) Consultant ’s submission of a Proposal that includes specified subcontractors and (ii) Consultant’s award of any subcontract to a subcontractor not included in Consultant’s Proposal, DBE will contact the San Pablo Economic Development Corporation (“EDC” at [email protected] or 510-215-3200) and provide notice and details regarding subcontr acting opportunities. The EDC will notify local businesses of subcontracting opportunities and provide technical assistance to local businesses during the subcontracting bidding process.
2. Questions. Questions regarding this RFQ may be submitted in writing only and directed to Chiara Hanna email: [email protected]. Written responses will be provided in addenda to this RFQ posted via Planet Bids. Written questions must be submitted no later than February 22, 2024 at 4:00 p.m.
3. General Terms and Conditions
a. All proposals, whether selected or rejected, sha ll become the property of the City.
b. The cost of RFQ preparation shall be that of the Contractor and shall not be paid by the City.
c. SOQs shall be signed by an authorized employee in order to receive consideration.
d. City will not be responsible for SOQs delivered to a person or location other than that specified herein.
e. The successful proposer will be asked to enter into an agreement with the City reflecting the terms and conditions of the proposal based on the City's Maintenance and Trade Services Agreement (Agreement) requirements. A copy of the Agreement and Insurance requirements is included as Exhibit 1 to this RFQ. Award of an agreement is subject to approval by the City Council of the City of San Pablo.
f. Neither the City of San Pablo, its City Council, officers, employees, agents, representatives, nor any of its consul tants will be liable for any claim or damages resulting from the RFQ process.
g. By submitting a proposal in response to this RFQ, the proposer accepts the evaluation process and a cknowledges and accepts t hat determination will require subjective judgments by the City. All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure after the solicitation is completed.
4. Agreement Term
The anticipated duration of the agreement will be five (5 ) years. The term is expected to begin on May 1, 2024.
A template agreement is attached (Exhibit 1) that includes terms regarding conflict of interest, insurance, indemnification and assignment. The consultant selected to City of San Pablo
Request for Qualifications
Janitorial Services – City Park Facilities
8 perform the work will be required to comply with these terms.
E. SOQ PROCEDURE
1. Submission of Statement of Qualifications
All Proposals must be submitted via PlanteBids by March 7, 2024, no later than 4:00 p.m. (“SOQ Deadline”).
Proposals may not be modified after the SOQ Deadline. No paper submittals will be reviewed or considered.
2. Contractor Selection Process
The first step in the evaluation process will be to determine that each submittal contains all forms and other information required by this RFQ. Any submittals missing the required information may be considered nonresponsive and rejected without evaluation. Late submittals, submittals to the wrong loca tion, and submittals wit h inadequate copies are considered nonresponsive and shall be rejected. Submittal of additional information after the due date shall not be allowed.
All SOQs will be evaluated by a City of San Pablo Selecti on Committee. The Selection Committee, made up of key City staff and other parties that may have expertise or experience in the services described herein, wil l review all submittals deemed complete according to the evaluation criteria and weighting factors below. The Selection Committee will make independent random checks of one or more of the contractor’s references.
The Selection Committee will est ablish a shortlist of contra ctors to be considered best qualified to perform the contract work. The selection process may include oral interviews.
The consultant will be notified of the time and place of oral interviews and of any additional information that may be required to be subm itted. Staff will recommend a contract be awarded if contract negotiations are successful.
3. Evaluation Criteria
Proposals will be evaluated according to each criterion below. The scores for all the Criteria will be added for eac h proposal. The proposal with the highest score will be deemed as the best proposal. The total maximum score for any project is 100 points.
Criteria Maximum
Points
A Completeness of Response Pass/Fail
B Understanding of the Work 30
C Experience with Similar Work 30
D References 20
E Local Subcontracting Approach/ Local Employment Approach 20 Total 100
City of San Pablo
Request for Qualifications
Janitorial Services – City Park Facilities
9 A. Completeness of Response (Pass/Fail)
Responses to this RFP/RFQ must be comp lete. Responses that do not include the proposal content requirem ents identified within this RFP/RFQ and subsequent addenda and do not address each of the item s listed below will be considered incomplete, be rated a Fail in the Eval uation Criteria and will receive no further consideration. Responses that are rated a Fail and are not considered may be picked up at the delivery location within 14 calendar days of c ontract award and/or the completion of the competitive process.
B. Understanding of the Work
Demonstrated understanding of t he work to be done for the City. Identification of potential issues and overall approach will be assessed.
C. Experience with Similar Work (30 points)
Experience of the contractor with simila r projects, including local knowledge, expedited timelines, and working with local agencies, as appropriate.
D. References (35 points)
References for the Consultant and proposed staff for the work.
E. Local Subcontracting Approach/ Local Employment Approach (5 points) A consultant’s successful use of the local subcontra cting and local employment approach or a documented good faith effort to succeed at using the City’s local subcontracting and/or local employment approach.
4. Tentative Schedule
Below is a tentativ e schedule for the selection and pr ocurement process. Dates are subject to change by City staff and/or unforeseen circumstances.
Item Date
RFP/RFQ Release Date February 8, 2024
Deadline to submit any questions February 22, 2024, 4:00 pm Proposal/SOQ submittal date March 7, 2024, 4:00 pm
Proposal review March 8-21, 2024
Selection/negotiation/award period April 2024
F. ATTACHMENTS
Exhibit 1 – Template Maintenance and Trade Agreement
EXHIBIT 1
MAINTENANCE AND TRADE
AGREEMENT TEMPLATE
1 0 / 2 3 Page 1
MAINTENANCE AND TRADE SERVICES AGREEMENT
THIS AGREEMENT, effective this _____day of _________ 202_ (“Effective Date”), is by and the CITY OF SAN PABLO, a municipal corporation organized and existing under the laws of the State of California, ("City"), and ___________________, a __________________, (“Service Provider”).
RECITALS
A. Service Provider is qualified and experienced in providing services for the purposes specified in this Agreement.
B. City finds it necessary and advisable to obtain these services from Service Provider for the purposes provided in this Agreement.
NOW THEREFORE, in consideration of th e mutual covenants and conditions in this Agreement, City and Service Provider agree as follows:
1. Services to be Performed. The work will consist of providing services for the City of San Pablo to ____________________ as described further in Exhibit A, Scope of Work, which is attached and incorporated to the extent consistent with this Agreement.
2. Compensation. The total compensation under this Agreement shall not exceed ________________, with the details set forth in Exhibit A, which is attached and incorporated to the extent consistent with this Agreement.
3. Term. The term of this Agreement (“Term”) begins on the Effective Date set forth above, and expires on _____________. If the Term expires later than the end of the City’s fiscal year, the continuation of the Term into the next fiscal year will be contingent upon the City’s lawful encumbrance or appropriation of new funds for the Agreement.
4. Method of Payment. Payment shall be made within thirty (30) days of receipt of Service Provider invoice and approval by City. Delivery of any goods shall not constitute acceptance of any goods.
5. Indemnification. Service Provider shall indemnify, save and hold harmless from and defend the City, its officers, agents and employees, against any and all claims, costs, demands, causes of action, suits, losses, expense or liability arising from, or alleged to have arisen, from any acts or omissions of Service Provider, its agents, sub-contractors, officials or employees, in connection with the execution of the work covered by this Agreement, as it may be amended, except for the sole negligence or willful misconduct of City. This indemnification includes any claim that the materials or equipment provided under this Agreement, or any tool, article or process used in manufacture of such tools or equipment, constitutes an infringement of any patent issued by the United States. This entire indemnification provision shall survive termination or cancellation of this 1 0 / 2 3 Page 2
Agreement.
6. Insurance. During the term of this Agreement, Service Provider shall maintain at its own cost and expense the following insurance coverage against claims for injuries to persons or damages to property that may arise from or in connection the performance of the work under this Agreement and the results of that work by the Service Provider, its agents, representatives, employees or subcontractors, with insurers with an A.M. Best's rating of no less than A:VII unless otherwise accepted by the City in writing:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b. Railroad Protective Liability. If Servic e Provider services include work within 50 feet of a railroad right of way, the Service Provider shall have removed any exclusion on their liability policy limiting coverage for work near a railroad, or shall provide a Railroad Protective Liability policy in favor of the City. Limits for such coverage shall be no less than $5,000,000.
c. Automobile Liability Insurance. ISO Form Number CA 00 01 covering any auto (Code 1), or if Service Provider has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
d. Workers' Compensation Insurance. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. For services deemed public works, by signing this agreement, Service Provider is certifying, pursuant to Section 1861 of the California Labor Code, that: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract."
e. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if 1 0 / 2 3 Page 3
not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used).
ii. Primary Coverage. For any claims related to this contract, the Service Provider’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.
iii. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
iv. Waiver of Subrogation. Service Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under such insurance. Service Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
v. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Service Provider to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
e. Certificate of Insurance and Endorsements. Service Provider shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Service Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Subcontractors. Service Provider sha ll include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming additional insureds.
g. Higher limits. If the Service Provider maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
7. Independent Contractor. At all times during the term of this Agreement, Service Provider shall be an independent contractor and shall not be an employee of City. City shall have the right to control Service Provider only insofar as the results of Service 1 0 / 2 3 Page 4
Provider’s services rendered pursuant to this Agreement and other requirements set forth in the bid or contract documents; otherwise City shall not have the right to control the means by which Service Provider accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Service Provider and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
8. Warranty Against Defects. Service Provider warrants all work done and goods provided under this Agreement shall: a) meet all conditions of the Agreement; b) shall be free from all defects in design, material and workmanship; and 3) shall be fit for the purposes intended. If any defects occur within 12 months following acceptance or any longer period of time provided by Service Provider’s or manufacturers standard warranty, Service Provider shall be solely responsible for the correction of those defects.
9. Labor Code Prevailing Wage. To the extent applicable, Service Provider shall comply with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, workers' compensation and prevailing wages including:
a. No less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the work under this Agreement shall be paid to all workers, laborers and mechanics employed in the execution of the work by the Service Provider or any subcontractor doing or contracting to do any part of the work. The appropriate determination of the Director of the California Department of Industrial Relations shall be filed with, and available for inspection, at the City offices.
Service Provider shall post, at each job site, a copy of the prevailing rate of per diem wages. The Contractor shall forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work done under the Agreement by it or by any subcontractor under Service Provider.
b. City will not accept a bid proposal or enter into Agreement, without proof that the Service Provider and its subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions.
10. Notices. This Agreement shall be administered by __________________ ("Contract Administrator"). Any formal written notice to Service Provider shall be sent to: ____________________________________________
____________________________________________
____________________________________________
____________________________________________
1 0 / 2 3 Page 5
Any formal written notice to City shall be sent to:
City Manager
City of San Pablo
San Pablo City Hall
1000 Gateway Avenue
San Pablo, CA 94806
11. Federal Funding Requirements (if applicable). If this Agreement is subject to federal funding, in whole or in part, it must comply with the uniform federal award procurement requirements set forth in 2 CFR §§ 200.318 – 200.326, as may be amended from time to time, and contain the applicable provisions described in Appendix II to Part 200 – Contract Provisions for non-Federal Entity Contracts Under Federal Awards, which are attached to this Agreement as Exhibit B.
[Indicate whether the Agreement is s ubject to federal funding by checking the appropriate box below.]
This Agreement is subject to federal funding. See Exhibit B. □ This Agreement is not subject to federal funding. □
12. Employment Practices.
a. Employment of Local Residents. Pursuant to the San Pablo Economic Opportunity Policy, the Contractor and any subcontractors shall contact the San Pablo Economic Development Corporation (“EDC” at [email protected] or 510-215-3200) at least ten business days prior to hiring or staffing for fulfillment of the Contract, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “Local Resident” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited.
b. Compliance With Law. Contractor represents that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal opportunity employment. Contractor shall not discriminate in the employment of any person because of race, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act. Contractor shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (ADA) in performing its obligations under this Agreement. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Agreement. In performing work and providing services under this Agreement, Contractor shall, at its sole cost and expense, comply with all applicable laws of the United States and the State of California; the Ordinances of the City of San Pablo; 1 0 / 2 3 Page 6
and the rules, regulations, orders and directories of their respective administrative agencies and the officers thereof.
13. Local Subcontracting – Outreach. Contractor shall contact the San Pablo Economic Development Corporation (the “EDC” at [email protected] or 510-215- 3200) at least two weeks prior to any subcontract award, providing notice and details regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcontracting opportunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process.
14. Miscellaneous Provisions.
a. City may terminate this Agreement at any time for cause or for convenience by mailing a notice to Service Provider. Service Provider shall be paid for that portion of goods accepted and/or services satisfactorily completed when notice is received. Service Provider may not terminate this Agreement.
b. Service Provider shall not assign or transfer this Agreement.
c. City reserves all rights and remedies available under the law and pursuant to the terms of this Agreement. If either City or Service Provider waive a breach of this Agreement, such waiver shall not constitute a waiver of other or succeeding breaches of this Agreement.
d. This Agreement constitutes the entire understanding of the parties.
e. This Agreement may only be modified by a writing signed by the authorized representative of both parties.
f. Each of the signatories to this Agreement warrants that he or she has the authority to enter into and execute this Agreement and to bind the entity or entities on whose behalf they sign.
g. This Agreement may be executed in duplicate counterparts.
h. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist amount counterparts of the document.
i. Service Provider covenants that it has obtained all certificates, licenses, including a City Business License, permits or the like required by any federal, state or local regulatory agency in order to perform the work under this Agreement.
j. Service Provider shall comply with all federal, state and local laws, regulations and rules, including but not limited to applicable safety and environmental laws. Service Provider shall bear full and exclusive responsibility for any release of hazardous or non- 1 0 / 2 3 Page 7
hazardous substances and disposal of hazardous wastes.
k. Service Provider shall comply with current COVID-19 health orders issued by Contra Costa County Health Services at: https://www.coronavirus.cchealth.org/health- orders. Service Provider shall comply with these requirements and contact City staff immediately if there is any issue with compliance. In addition, the City requires all contractors/consultants providing services at City facilities or City worksites to comply with all City’s current COVID policies on-site as they may be amended from time to time.
l. The Service Provider will permit the City to audit, examine and make copies of all contracts, invoices, payrolls and other documents or data relating to this Agreement.
Such records shall be maintained for three years from the date of final payment under this Agreement.
m. This Agreement shall be governed by the laws of the State of California, with venue for any action under this Agreement in Contra Costa County, California.
1 0 / 2 3 Page 8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
CITY OF SAN PABLO: SERVICE PROVIDER:
By: _________________________ By:__________________________ Matt Rodriguez, City Manager
Title:_________________________
Dated: _________________________
Dated:________________________
(Second signature required if a corporation)
By:__________________________
Title:_________________________
Dated:________________________
ATTEST:
_____________________________________
Dorothy Gantt, City Clerk of City of San Pablo
APPROVED AS TO FORM:
______________________________
Brian P. Hickey, City Attorney
1 0 / 2 3 Page 9
Exhibit B
Federal Contract Provisions
Federally Funded Projects. This Project is funded in whole or in part by federal funds and subject to the following federal requirements under the terms of the funding agreement(s) between City and the federal agency or agencies providing federal funds, which are fully incorporated by this reference and made part of the Agreement. Copies of any funding agreement between City and a funding agency will be made available upon request.
1. Equal Opportunity. If this Agreement is for public works, during the performance of this Agreement, the Contractor agrees as follows:
(A) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(B) The Contractor will, in all solicita tions or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(C) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision will not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.
(D) The Contractor will send to each la bor union or representative of workers with which it has a collective bargaining agreement or other contract or 1 0 / 2 3 Page 10
understanding, a notice to be provided advising the labor union or workers' representatives of the Contractor’s commitments under this section, and will post copies of the notice in conspicuous places available to employees and applicants for employment.
(E) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the United States Secretary of Labor.
(F) The Contractor will furnish a ll information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the United States Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the United States Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(G) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further federal government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the United States Secretary of Labor, or as otherwise provided by law.
(H) The Contractor will include th e portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the United States Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the City or funding agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or funding agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
2. Davis-Bacon Act. If this Agreement is for public works, Contractor will pay wages to laborers and mechanics, not less than once a week, and at a rate not less than the current federal prevailing wages specified in the Davis-Bacon Act Wage Determination attached hereto and incorporated herein. By entering into this Agreement, Contractor accepts the attached Wage Determination. <The current Davis-Bacon Act Wage Determination, which may be accessed at https://www.wdol.gov/dba.aspx must be printed and included with the Agreement.>
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3. Copeland “Anti-Kickback” Act. If this Agreement is for public works, Contractor will comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into this Agreement. Contractor and subcontractors must insert this requirement into subcontracts of any tier. Contractor is responsible for compliance with these requirements by each subcontractor of any tier.
4. Contract Work Hours and Safety Standards Act. In addition to the California state law requirements in Article 9 of the General Conditions, Contractor and each subcontractor must comply with the requirements of the federal Contract Work Hours and Safety Standards Act, as set forth in 40 U.S.C. 3701-3708, as supplemented by the regulations set forth in 29 CFR Part 5, as may be amended from time to time, which are fully incorporated herein, including:
(A) No Contractor or subcontractor will require or permit any laborer or mechanic performing Work for the Project to work in excess of 40 hours in a work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours during that work week.
(B) If Contractor or a subcontractor viol ates this requirement, the Contractor and any responsible subcontractor will be liable for the unpaid wages. In addition, the Contractor and subcontractor will be liable to the United States for liquidated damages. The liquidated damages will be computed with respect to each individual worker as specified under federal law.
(C) Contractor and subcontractors mu st insert this requirement into subcontracts of any tier. Contractor is responsible for compliance with these requirements by each subcontractor of any tier.
5. Rights to Inventions. If the federal funding for this Agreement meets the definition of “funding agreement” under 37 CFR section 401.2(a) and constitutes an agreement between the City and a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency, will apply to this Agreement and are fully incorporated into the Agreement by this reference.
6. Clean Air Act. If the Agreement is for an amount in excess of $150,000, Contractor and each subcontractor must comply with the requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401-7671q), which are fully incorporated into the Agreement by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection 1 0 / 2 3 Page 12
Agency. Contractor and subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000.
7. Federal Water Pollution Control Act. If the Agreement is for an amount in excess of $150,000, the requirements of the Federal Water Pollution Control Act (33 U.S.C. §§ 1251-1387) apply to this Agreement and are fully incorporated into the Agreement by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency requirements for reporting violations. Contractor and subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000.
8. Suspension and Debarment. Contractor is required to verify that neither it, nor its principals, as defined at 2 CFR section 180.995, or its affiliates, as defined at 2 CFR section 180.905, are excluded or disqualified, as defined at 2 CFR sections 180.935 and 180.940. Contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a provision requiring compliance with these regulations in any subcontract of any tier. If it is later determined that the Contractor did not comply with the applicable subparts, the Federal Government may pursue available remedies, including, but not limited to, suspension and/or debarment. By submitting a bid and entering into this Agreement, Contractor agrees to comply with these requirements.
9. Byrd Anti-Lobbying Amendment. If the Agreement is for an amount in excess of $100,000, Contractor must comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and file the certification provided at 44 CFR Part 18, Appendix A, and any disclosures, with the applicable federal agency. Each tier certifies to the tier above that it will not and has not used federal-appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier will also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures will be forwarded from tier to tier up to the recipient.
10. Procurement of Recovered Materials. The requirements of section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962, apply to this Agreement and are fully incorporated into the Agreement by this reference. For individual purchases of $10,000 or more, Contractor will make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (A) competitively within the Contract schedule, (B) in conformance with Contract performance requirements, or (C) at a reasonable price. Information on this requirement, including a list of EPA-designated items, is available at the EPA’s Comprehensive Procurement Guidelines website:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
11. Small and Minority Businesses. When procuring subcontractors, Contractor must take all necessary affirmative steps pursuant to 2 CFR § 200.321(b), subject to the limitations of law, to ensure that minority businesses, women’s business 1 0 / 2 3 Page 13
enterprises, and labor surplus area firms are used when possible. Affirmative steps must include:
(A) Placing qualified small and minor ity businesses and women’s business enterprises on solicitation lists.
(B) Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources.
(C) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises.
(D) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises.
(E) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.