ACTION:
____________________________
Clerk/Secretary
Department: Public Works Item No: C8
Prepared by: Leslie Webb-Blanco, Management Assistant Meeting Date: June 28, 2022 Approved by:
Kuna Muthusamy, Director
Patrick Johnson, City Manager Agenda Location: Consent Calendar SUBJECT: AGREEMENT WITH PREMIER PROPERTY PRESERVATION, LLC FOR PARK
RESTROOM JANITORIAL SERVICES
RECOMMENDATION: Adopt City Council Resolution No. 2022- , approving the Agreement for park restroom janitorial services.
CORRELATION TO CITY COUNCIL GOALS: (1) A Cleaner Vista, and (2) Parks & Recreation.
PRIOR ACTION: None
STATEMENT ON THE SUBJECT: The City currently contracts with California Cleaning Solutions (CCS) for park restroom janitorial services at various park locations throughout the City. The contract with CCS expires on June 30, 2022. The full-service agreement is inclusive of all labor and supplies required for regular and emergency janitorial maintenance of restrooms at eleven identified park locations, which include:
•Breeze Hill Park (645 S. Melrose Drive)
•Brengle Terrace Park (1200 Vale Terrace Drive)
•Bub Williamson Park (530 Grapevine Road)
•Buena Vista Ballfields (1851 S. Melrose Drive)
•Buena Vista Park – Duck Pond (1601 Shadowridge Drive)
•Luz Duran Park (340 E. Townsite Drive)
•Shadowridge Park (2101 Lupine Hills Drive)
•Skate Park (400 N. Santa Fe Avenue)
•Thibodo Park (1150 Lupine Hills Drive)
•Wildwood Park (651 E. Vista Way)
•Vista Sports Park (1600 Sports Park Way)
On May 19, 2022, services for park restroom janitorial services were announced for competitive bid. The scope of work in the competitive bid included expanded general cleaning requirements and monitoring criteria, updated service frequencies, including the addition of mid-day and nighttime cleanings, water fountain disinfecting, restroom interior power washing, minor clog clearing, and all cleaning and paper supplies. The competitive bid was advertised on the City’s website and online procurement portal, ProcureNow. Bids were opened on June 9, 2022, and the following bids were received:
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
06/28/2022 C8 Page 1 of 104
Approved above recommendation, adopted City Council Resolution No. 2022-107.
Vote: 4-0 (Ritter not present)
MEETING DATE: JUNE 28, 2022 PAGE 2
SUBJECT: PARK RESTROOM JANITORIAL SERVICES
Premier Property Preservation, LLC, West Hills, CA $118,590 Prizm Janitorial Services, Inc., Escondido, CA $140,408 Aztec Landscaping, Inc., Lemon Grove, CA $142,487 T&T Janitorial, Inc., San Diego, CA $237,825 At bid opening, Premier Property Preservation, LLC was identified as the apparent lowest responsible bidder with a bid of$118,590. After review of the bid package, staff recommends that Premier Property Preservation, LLC be accepted as the lowest responsible bidder.
Staff recommends an initial term for the agreement of 24 months, with the option for the City Manager to extend the term for an additional 36 months in increments of the City's choosing. In addition, staff recommends that the City Manager be authorized to approve annual increases up to the Consumer Price Index for All Urban Consumers (CPI-U), San Diego-Carlsbad, if requested and only when adequately justified by information from the Bureau of Labor Statistics.
FISCAL IMPACT: The annual cost of the agreement with Premier Property Preservation, LLC, is $118,590. Staff is requesting an annual contract ceiling of$150,000 to add a contingency for addressing unforeseen service issues that may arise and special projects. Sufficient funding is available in the Operating Budget in Fiscal Year (FY) 2021/22 Parks Maintenance carryover and FY 2022/23 in the Parks Service Contract account (No. 0010525.521040). Funding for subsequent years will be included in annual budget preparations.
EXHIBITS:
1. City Council Resolution No. 2022- , approving the agreement for parks restroom cleaning services
2. Agreement with Premier Property Preservation, LLC
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RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING AN AGREEMENT FOR PARK
RESTROOM JANITORIAL SERVICES
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. The City of Vista is in need of park restroom janitorial services B. Bids were opened in the City Clerk's office on, June 9, 2022 and four bids were received.
C. Premier Property Preservation, LLC was determined to be the lowest responsible bidder.
2. Action.
A. The City Council approves the agreement with Premier Property Preservation, LLC for park restroom janitorial services in the amount of$150,000, and the Mayor is authorized to sign the agreement on behalf of the City.
B. The City Manager is authorized to execute all amendments extending the term of the Agreement and price increases up to the Consumer Price Index as authorized by the Agreement and authorized under Chapter 3.08 of the Vista Municipal Code.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 28, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, ACTING CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:
APPROVED
Walter C.Chung
20220616101017
001081051 EXHIBIT 1
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CONTRACT FOR PARK RESTROOM JANITORIAL SERVICES
THIS "CONTRACT" is entered into by and between the "Parties" as of ("Contract Date").
1.0 THE "PARTIES"
The "City": The "Contractor"
CITY OF VISTA, a chartered municipal PREMIER PROPERTY PRESERVATION, corporation LLC, a California limited liability company 200 Civic Center Drive 7449 Studio Road
Vista, CA 92084 West Hills, CA 91304
Working Contact: Yale Jeffery Contact: Kevin Varsobia Billing Contact: Yale Jeffery
2.0 BASIC TERMS
2.1 The "Services" to be performed by Contractor are set forth in City's Request for Proposals ("Exhibit A").
2.2 Contractor desires to enter into this "Contract" with City for the Services.
2.3 The "Project" for which the Services are required is described in Exhibit A.
2.4 Contractor has submitted to City a Proposal to perform the Services dated June 7, 2022 ("Exhibit B").
2.5 The "Contract Ceiling Price" is $150,000 per year.
3.0 CONTRACT TERM
3.1 This Contract shall take effect as of the Contract Date.
3.2 This Contract shall be in effect for 24 calendar months ("Term"). The Term may be extended at the City's option for an additional 36 months, in increments of City's choice, for a maximum Term of 60 months from the Contract Date.
3.3 City may terminate this Contract upon 30-days' written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.
4.0 SCOPE
Contractor shall perform all Services including, labor, materials, software, supplies, reports, and documents for as may be required from time to time, in accordance with Exhibit A. The Services shall be complete, and all work, material and services not expressly called for in the City Services(Non-Construction)(RFP) 1 of 10 PREMIER PROPERTY PRESERVATION, LLC [22422-61 00108101 1
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Proposal which may be necessary to carry out the Contract in good faith, shall be performed by the Contractor at no increase in cost to City. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.
5.0 COMPENSATION
5.1 City shall pay Contractor on a time and material rate as set forth in Exhibit B for the Services to be performed.
5.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.
5.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:
5.3.1 The changes, additions, and deductions to be made.
5.3.2 The increase or decrease in compensation due the Contractor, if any.
5.3.3 Adjustment in the time of completion, if any.
5.4 Contract Ceiling Price
5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this Contract.
5.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.
5.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.
6.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications and appendices and all addenda setting forth any modifications or interpretations of any of these documents: Documents required under Exhibits A—E.
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7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES All Services under the Contract must be completed in compliance with the schedule in Exhibit B.
8.0 ASSISTANCE BY CITY
All information, data, records, reports, and maps as are in possession of City and necessary for the carrying out of this work shall be available to Contractor without charge. City shall make available to Contractor members of its staff for consultation with Contractor in the performance of this Contract. City does not warrant that the information data, records, reports, and maps heretofore or to be provided to Contractor are complete or accurate and Contractor should satisfy itself as to accuracy and completeness. City and Contractor agree that City shall have no liability should any information, data, records, reports, and maps be inaccurate, incomplete, or misleading. Unless provided in Exhibit A, no other assistance shall be provided by City to Contractor.
9.0 STANDARD OF PERFORMANCE
9.1 Contractor represents and warrants that it has the training, qualifications, experience, and facilities necessary to properly perform the Services required under this Contract in a thorough, competent, and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.
9.2 Contractor shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.
10.0 CONTRACTOR'S STATUS; CONTRACTOR'S EMPLOYEES
10.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.
10.2 Contractor represents and warrants that all design professional services, if any, shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Exhibit A.
10.3 Neither Contractor, nor any of Contractor's officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City Services(Non-Construction)(RFP) 3 of 10 PREMIER PROPERTY PRESERVATION, LLC [22422-61 00108101 1
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City's employees. Contractor expressly waives any claim Contractor may have to any such rights.
10.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all of Contractor's officers, employees, agents, and subcontractors that are included in this Contract.
10.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor's officers, employees, agents, and subcontractors are entitled for performance of any work under this Contract. Neither Contractor nor Contractor's officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.
10.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this Contract. This is a continuing obligation that survives the termination of this Contract.
11.0 CIVIL RIGHTS
11.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.
11.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person's race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.
11.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.
11.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.
11.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.
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11.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.
11.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor's officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.
12.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party ("Representative"). Any written or verbal directions or requests of City's Representative delivered to the Contractor's Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.
13.0 ASSIGNMENT AND SUBCONTRACTING
13.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
13.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager's designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager's designee.
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14.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state, or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations.
15.0 FINANCIAL RECORDS
15.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor's performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.
15.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its Representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.
16.0 OWNERSHIP OF DOCUMENTS
16.1 Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, computer code, and detailed calculations developed under this contract, are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby assigns, waives, and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services. If Contractor is providing copyrighted, proprietary materials in the performance of the Services, then the intellectual property provisions of Exhibit B shall prevail over the provisions of this section.
16.2 Contractor represents that it has secured all necessary licenses, consents, or approvals to use the components of any intellectual property, including computer software, used in the rendering of services and the production of the work product produced under this Contract, and that City has full legal title to and the right to reproduce such materials. The Contractor covenants to defend, indemnify and hold City harmless of any loss, claim or liability in any way related to a claim that they are violating or have violated any federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or City Services(Non-Construction)(RFP) 6 of 10 PREMIER PROPERTY PRESERVATION, LLC [22422-61 00108101 1
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other means of protecting interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked materials, equipment, devices, or processes used on or incorporated in the services and materials produced under this Contract. In case such materials, equipment, devices, or processes are held to constitute an infringement and their use is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the materials by suspension of any injunction or by procuring a license or licenses for the City; or (b) modify the materials so that they become non-infringing.
17.0 CONFIDENTIALITY
17.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.
17.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor's scope of Services. Contractor will not disclose any information prepared for City or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.
18.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively "Conflict Laws"). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk.
Contractor further agrees that no employee, agent or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.
19.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term "City Official" shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.
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20.0 INDEMNIFICATION
20.1 Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers (collectively, "Indemnitees") harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, "Liability") arising out of or in connection with this Contract or its performance, including defects in design, except: (1) Liability caused by Indemnitees' sole negligence or willful misconduct; or (2) for Liability caused by Indemnitees' active negligence, in which case the indemnity received by Indemnitees shall be reduced by the amount: (i) that Indemnitees' active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law ("Duty of Indemnification").
20.2 Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Contractor, then all obligations, liabilities, covenants, and conditions under this instrument shall be joint and several.
21.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.
22.0 SERVICE OF NOTICE
22.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party's Representative or by overnight courier service to the Party's address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.
22.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.
23.0 LABOR LAW COMPLIANCE
California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's 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."
24.0 SURVIVAL OF COVENANTS
Contractor's obligations under Sections 16, 17 and 20 shall survive the termination of this Contract.
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25.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.
26.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.
27.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.
28.0 COUNTERPARTS; ELECTRONIC SIGNATURES; ELECTRONIC DELIVERY This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven.
Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf)form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).
29.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations, and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment, or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.
[Continued on page 10.]
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30.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.
"City" "Contractor"
CITY OF VISTA, a chartered municipal PREMIER PROPERTY PRESERVATION, corporation LLC, a California limited liability company By:
JUDY RITTER, MAYOR By:
ATTEST:
KATHY VALDEZ, CITY CLERK Name/Title
By:
By:
APPROVED AS TO FORM:
WALTER CHUNG, ACTING CITY ATTORNEY
Name/Title
By:
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
By:
APPROVED
Amanda L.Guy
20220615164323
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EXHIBIT A
REQUEST FOR PROPOSALS
00108101 1 Exhibit A
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CITY OF VISTA
CITY OF VISTA PUBLIC WORKS DEPARTMENT REQUEST
FOR BIDS FOR
PARK RESTROOM JANITORIAL SERVICES
MAY 2022
001074282
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REQUEST FOR BIDS
For
PARK RESTROOM JANITORIAL SERVICES
CITY OF VISTA, CALIFORNIA
Prepared in the
PUBLIC WORKS DEPARTMENT
CITY OF VISTA, CALIFORNIA
1165 E. Taylor Street
Vista, CA 92084-3303
Kuna Muthusamy, P.E. Date Signed
Director of Public Works
001074282
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REQUEST FOR BIDS FOR
PARK RESTROOM JANITORIAL SERVICES
TABLE OF CONTENTS
BIDDING AND CONTRACTUAL DOCUMENTS PAGE
NoticeInviting Bids................................................................................................. 4 Instructions to Bidders............................................................................................ 6 Instructions for Signing Bids and Contracts.......................................................... 16
PROJECT SPECIFICATIONS
General Specifications............................................................................................17 Exhibits
A: Custodial Services Scope of Work........................................................23 C: Inspection Form.....................................................................................30 D: Check-In Sheet.......................................................................................31 Proposal Forms
BidProposal ...............................................................................................32 BidSchedule ..............................................................................................35 Contractor's Licensing Statement.............................................................38 Project References.....................................................................................39 Non-Collusion Declaration.........................................................................40 Contractor's Certificate..............................................................................41
APPENDICES
Appendix A: Sample Contract
Appendix B: Site Maps
06/28/2022 C8 Page 17 of 104
PART I
BIDDING AND CONTRACTUAL
DOCUMENTS NOTICE INVITING BIDS
PUBLIC NOTICE IS HEREBY GIVEN that sealed bids will be received by chartered City of Vista ("Agency") for furnishing all plant, labor,services, materials,tools, equipment,supplies,transportation, utilities and all other items and facilities necessary therefore, as provided in the Contract Documents, for the "PARK RESTROOM JANITORIAL SERVICES" in strict accordance with the Project Specifications.
1. DATE OF OPENING BIDS
All Bidders are required to submit their bid electronically through the City's Electronic Bidding System (ProcureNow). Hardcopy bids will not be accepted. Bidders must register by creating a free account with ProcureNow at: https://secure.procurenow.com/sidnup . Registered bidders may obtain bid materials and view submission procedures at: https://secure.procurenow.com/portal/cityofvista .
Bidders must also download this bid solicitation to appear on the Bidder's List as a "Prospective Bidder," receive addenda, and submit a bid. Bids shall be submitted electronically no later than 2:00 PM on Thursday,June 9, 2022.
After the bid submission deadline, bids will be unsealed and posted at:
https://secure.procurenow.com/portal/cityofvista . ProcureNow will determine the official time for the advertised bid opening and such determination will be final. Bid Tabulation results will be available through ProcureNow
Any bids not received in a timely manner on the Bid Opening Date,as described above,will not be considered.
2. DESCRIPTION OF WORK
The work generally consists of custodial cleaning of restrooms across multiple park locations in the City of Vista. The scope of work includes:
• Full service cleaning
• Porter service to maintain cleanliness standards during the day • Unblocking clog drain lines
• As-needed services for special events
• Monthly power-washing and cleaning of restroom interior and exterior of buildings The agreement is anticipated to be an initial two year term with up to three additional one-year option extensions. Bidders must consider the terms and conditions in the sample contract. Please read insurance requirements and general provisions carefully.
3. LOCATION OF WORK
The Work to be performed is located: at various locations in the City of Vista, California. 06/28/2022 C8 Page 18 of 104
4. CONTRACT DOCUMENTS
Contract documents are available electronically on the City's ProcureNow portal at:
https://secure.procurenow.com/portal/cityofvista
5. PROJECT ADMINISTRATION
All project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this solicitation shall be submitted via "Q&A"through the City's Electronic Bidding System, ProcureNow.
All questions must be submitted through the City's Electronic Bidding System by the deadline listed in the City's Electronic Bidding System, or if no deadline is listed, at least five (5) Working Days prior to the date fixed for opening of bids.
By ORDER of the chartered City of Vista, California
Kathy Valdez, City
Clerk City of Vista,
California
06/28/2022 C8 Page 19 of 104
INSTRUCTIONS TO
BIDDERS
1. SITE REVIEW
Contractor is recommended to do site visits on their own prior to submitting a bid. Site maps with locations are provided.
2. LOCAL CONDITIONS AND BID QUANTITIES
Bidders shall read the Project Specifications and documents, review available documents,and make their own estimates of the existing facilities and the difficulties that will attend the execution of the Work called for by the proposed Contract including federal, state, and local laws and regulations, local conditions, uncertainty of weather,traffic, soil conditions and all other contingencies.
Bidders shall satisfy themselves by personal examination ofthe location of the proposed Work,and bysuch other means as they may choose as to actual conditions and requirements, and as to the accuracy of the quantities stated in the BID SCHEDULE. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered,as to the character,quality and scope of work to be performed, as to the quantity of materials to be furnished, and as to the requirements of these Contract Documents.
The quantities of work or material stated in the unit price items of the BID SCHEDULE are supplied only to give an indication of the general scope of the Work.The Agency does not expressly or by implication agree that the actual amount of work or material will correspond therewith but reserves the right to increase or decrease the amount of any unit price item of the Work by an amount up to and including twenty-five percent(25%)of any bid item(s),orto omit portions of such work as may be deemed necessary or expedient by the Engineer without a change in the unit price.
Bidders shall not, at any time after the submission of a bid, make or have any claim for damages or anticipated profits or loss of profit or otherwise because of any difference between the quantities of work actually done and material furnished and those stated in said unit price items of the BID SCHEDULE.
The Bidder understands that the unit prices and total bid amount set forth by the Bidder in the BID SCHEDULE shall include all appurtenant expenses, premiums, taxes, royalties, and fees. The Bidder shall make no reference in the BID SCHEDULE to sales tax, use tax, or any other tax. The Bidder shall make no reference in the BID SCHEDULE to any patent fees or royalties on any patented article or process which may be furnished or used or to any premium for insurance in the Bid. All amounts bid shall be deemed and held to include any such taxes, fees, royalties or premiums which may beapplicable.
The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, project, or device which is the subject of patent rights or copyrights held by others.
The Contractor shall pay all sales, consumer, use and other similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted at the time bids are received by the Agency, whether or not yet effective. The total bid amount shall be deemed to include such taxes and the Contractor shall _o� to separate compensation for sucks axes. Page 20 Of 104
3. DISADVANTAGED BUSINESS ENTERPRISE(DBE)PROGRAM
This Project is not a Federally-funded project.
The Agency hereby notifies all bidders that it will affirmatively ensure that in any Contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation. Components of the Agency's Disadvantaged Business Enterprise (DBE) Program can be found in the Appendices(see list of Appendices in Table of Contents on Page 2).The Agency may require of the low bidder and sub-contractors any DBE certification within four(4)Working Days after bid opening.
4. INTERPRETATION OF PROJECT SPECIFICATIONS
If any person contemplating the submittal of a bid for the proposed Contract is in doubt as to the meaning of any requirement of the Plans or Project Specifications, or he finds any discrepancies in or omissions from the Plans or Project Specifications, they shall submit a written request for an interpretation or correction thereof via "Q&A" through the City's Electronic Bidding System, ProcureNow.
The written request must be received by the deadline listed in the City's Electronic Bidding System, or if no deadline is listed, at least five (5) Working Days prior to the date fixed for opening of bids. The person making the request will be responsible for its promptdelivery.
Interpretations or corrections will be made only by ADDENDA to the Project Specifications or by dated revisions of the drawings. Addenda will be sent to registered bidders that have downloaded this solicitation through the City's Electronic Bidding System.
All addenda so issued shall become part of the Contract Documents. Acknowledgement of receipt of any and all addenda is required in the BID SCHEDULE. Failure of any bidder to receive any addenda shall not relieve such bidder from any obligations imposed by such addenda. The effect of all addenda to the Contract Documents shall be considered in the bid and said addenda shall be acknowledged on the Bid Proposal. Before submitting a bid,each bidder shall inform himself as to whether or not any addenda have been issued. Failure to determine the existence of any addenda, to obtain and review such addenda, or to include in the bid any obligations imposed by such addenda issued may render the bid irregular and may result in its rejection.
5. BIDDERS INTERESTED IN MORE THAN ONE BID
No person,firm or corporation shall make,file or be interested in more than one (1) bid for the same work unless alternative bids are specifically requested. A person, firm or corporation who has submitted a sub- proposal to a bidder, or who has quoted prices of materials to a bidder, is not disqualified from submitting a sub-proposal or quoting prices to other bidders.
06/28/2022 C8 Page 21 of 104
6. FORM OF BID AND SIGNATURE
The bids shall be made on the Bid forms provided through the City's Electronic Bidding System. These documents shall constitute the bid.The bid shall be submitted electronically for this solicitation on the City's ProcureNow portal at: https://secure.procurenow.com/portal/cityofvista .
The Bid for the Work is intended to establish a total cost for the Work in its entirety.The Bidder shall state in the Bid the unit prices or Lump Sums for which he proposes to supply the labor, materials,supplies and equipment necessary to complete the Work required by the Contract Documents. Certain permit requirements,General Provisions,Supplementary General Provisions,and other work required bythe Plans and/orthe Specifications may not be listed in the Bid Schedule and are, in general,applicable to more than one listed Bid Item. Other required work may not be listed as a separate item in the Bid Schedule but is necessary to complete the Work described in the Plans and/or the Project Specifications.The Bidder shall include the cost of all work not listed as a separate item in the Bid Schedule in the various related items of work listed in the Bid Schedule,so that the Bid for the Project reflects the total cost for completingthe Work in its entirety.
If the proposal is made by an individual, it shall be signed and his full name and address shall be given; if it is made by a firm, it shall be signed with the partnership name by a member of the firm, who shall also sign his own name, and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given.
7. PREPARATION OF THE BID/ REJECTION OF THE BID
The Bid shall be prepared such that it is complete and responsive to all requirements of the Contract Documents. The completed Bid shall consist of the following submittals:
a) Bid Proposal
b) Bid Schedule
c) Contractor's Licensing Statement
d) Project References
e) Non-Collusion Declaration
Registered bidders may obtain the Contract Documents through the City's Electronic Bidding System.
Blank spaces in the Bid shall be properly filled in (using figures in the Bid Schedule). The Bid shall contain an acknowledgment of receipt of all addenda.
The phraseology of the Bid must not be changed, and no addition shall be made to the items mentioned therein. Alternative bids shall not be considered unless specifically requested and authorized by the Agency.
The Bid shall be signed in accordance with the "Instructions for Signing Bids, and Contracts", included in the Contract Documents, and as required by the City's Electronic Bidding System.
The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items,the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item. Unit prices shall not exceed two (2) decimal places.
All extensions of the unit prices bid and sums will be subject to verification by the Agency. If the unit prices entered by the Bidder exceed two (2) decimal places,the Agency will only use the first two (2) digits after the decimal points without rounding up or down. 0�/2gj2q620crepancy between the unit price aethe total set forth for a unit "Lgr2,"fulio4rice
shall prevail, except as provided in (a) or (b), as follows:
a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
b) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the Agency's Final Estimate of cost.
Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total,the item total shall prevail.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted,the bid may be deemed irregular. Likewise, if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.
A Bid shall be considered irregular if certain situations occur, including, but not limited to,the following:
a) The Bid contains blank spaces that are not properly filled in. b) The Bid contains unauthorized provisions, conditions, limitations, or alternatives. c) The Bid is either not typewritten or not printed in ink. d) The Bid contains interlineations, alterations, erasures, clerical errors or is otherwise illegible or unclear, or not properly initialed.
e) The Bid is not properly signed in accordance with the instructions. f) The Bid contains unit prices and/or item totals that are unreadable or otherwise unclear, or are omitted.
g) The Bid contains a significant "material" difference between the bid total written in figures, the bid total written in words, and/or the sum of the item totals after any math errors are corrected.
Bidder's failure to submit the Bid on time through the City's Electronic Bidding System, submit a complete Bid using all of the required Bid forms provided in the Contract documents or addenda, include a price for any Bid item that requires the Bidder to submit a price, acknowledge all addenda, or submit the appropriate Bid Security shall render the Bid non-responsive and shall be cause for its rejection.
In accordance with the provisions of Section 1771.1(b) of the California Labor Code - the Agency will not accept bid or enter into a Contract without proof of the contractor's current registration with the California Department of Industrial Relations pursuant to Section 1725.5.
The Agency, in its sole discretion, reserves the right to reject any or all bids, and to waive any informalities or minor irregularities in the Bids, unless waiving such irregularity would give a competitive advantage to a Bidder.
The Agency, in its sole discretion, reserves the right to reject any or all bids,and to waive any informalities or minor irregularities in the Bids, unless waiving such irregularity would give a competitive advantage to a Bidder.
8. ALTERNATIVE SCHEDULES
Bidders are directed to review the BID SCHEDULE and the appendices for details regarding the alternate bid items, if included.
The Agency will evaluate the bids based on the total amount of the Base Bid +Base Bid Alternate and Extra Work Items in determining the lowest responsible bidder. The Agency reserves the right to award the Contract on the Base Bid Items, and with or without any or all of the Alternate Bid Item ).
The Aggency
��QPJ 4-ght to adjust the quantity of the AQ%ate Bid Item(s) after the awPOW 1
9. NON-COLLUSION DECLARATIONS
The bidder is required to execute a Non-Collusion Declaration in the form attached hereto and submit the form with the bid. The Agency reserves the right to require, before awarding the contract,that the principal Contractor secure from each proposed subcontractor Non-Collusion Declaration in the form also attached hereto and submit all forms to the Agency.
If at anytime it shall be found that the person,firm or corporation to whom the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract so awarded shall be null and void, and the Contractor and the Contractor's sureties shall be liable to the Agency for all loss or damage which the Agency may suffer thereby, and the Agency may advertise anew for bids for such work.
10. PROJECT REFERENCES
All bidders shall provide evidence satisfactory to the Agency that the bidder has prior experience to properly perform in accordance with the terms of these Project Specifications by completing and submitting the PROJECT REFERENCES spreadsheet with his bid. The PROJECT REFERENCES list shall include projects successfully performed by the Bidder of comparable magnitude that he or his associates are personally competent to manage the proposed undertaking, and to carry it forward to a successful conclusion.
11. ANNUAL PUBLIC WORKS BIDDER REGISTRATION (SB 854)
In accordance with the provisions of California Senate Bill 854, passed by the California State Senate on June 20, 2014, all contractors and subcontractors bidding and performing work on Public Works Projects must register on an annual basis with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner's Office.
In accordance with the provisions of Section 1771.1(a) of the California Labor Code, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any Contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the Contract is awarded. Prime contractors and their subcontractors must possess and maintain such registration with DIR in order to be awarded contracts and to perform work.
The Agency will verify that the contractors or subcontractors that bid on, or are listed in the bid proposal of,this Contract are currently registered and qualified to perform public work pursuant to Section 1725.5 in the State of California through the following URL website link at:
https://efiling.dir.ca.gov/PWCR/Search.action
In accordance with the provisions of Section 1771.1(a) of the California Labor Code - the Agency will not accept a bid or enter into a Contract without proof of the contractor's current registration to perform public works pursuant to Section 1725.5.
090%with the provisions of Section 17-P of the California Labor Cod tthhe Vi�%) to the Department of Industrial Rg ions of any public works Con r i i rt
days of the award, but in no event later than the first day in which a contractor has workers employed upon the public work, using the online PWC-100 "Extract of Public Works Contract Award" form, which can be found at:
https://www.dir.ca.gov/pwclOOext/LoginPaF-Fe.aspx
The online PWC-100 form is also transmitted to the Department of Apprenticeship Standards (DAS) to inform them of the award of a contract.
12. MODIFICATION AND WITHDRAWAL OF THE BID
Any Bidder may modify his priorto the scheduled closingtime for receipt of bids by submitting an amended bid through the City's Electronic Bidding System.
A bidder may withdraw his bid before the hour fixed for opening bids, without prejudice to himself, by cancelling their bid submission through the City's Electronic Bidding System.
After the bids have been publicly opened,they shall not be withdrawn by the Bidders for a period of at least ninety(90)calendar days subject to the execution stated in the paragraph below. The ninety(90)calendar day review period may be extended by the Agency and written approval by the Bidder.
A Bidder shall be permitted to withdraw a bid after the opening of the bids only if the Bidder established to the satisfaction of the Agency ALL of the following:
a) A clerical error was made by the Bidder in filling out the bid; and the error was not dueto:
1) an error in judgment;
2) an error in inspecting the site of the Work,or;
3) an error in reading the Plans and Contract Documents. b) The clerical error made the bid materially different than the Bidder intended the bid to be. c) The Bidder gave the Agency written notice within five (5) Working Days excluding Saturdays, Sundays, and State holidays, after the opening of the bids, in which said notice specifies in detail the nature of the error and how the error was made per Public Contract Code 5103(b).
13. PUBLIC OPENING OF BIDS
No bid received after the time named or at any place other than the place stated in the Notice Inviting Bids shall be considered. After the bid submission deadline, bids will be unsealed and posted at:
https://secure.procurenow.com/portal/cityofvista . ProcureNow will determine the official time for the advertised bid opening and such determination will be final. Bid Tabulation results will be available through ProcureNow.
After the bids are publicly opened,the Agency shall review all bids for responsiveness, compare the bids to the Engineer's Opinion of Probable Cost and investigate the responsibility and qualifications of all Bidders to whom the award is contemplated, for a period not to exceed ninety (90) calendar days after the Bids have been opened. Based on the findings from the review of the Bids, the Agency will provide a Notice of Intent to Award a contract to all bidders.
Following the posting of the Notice of Intent to Award a contract, anyone interested in inspecting bid documents in person or receiving electronic copies shall make a request to the City Engineer followingthe Notice of Intent to Award a co act. Bid documents will be d�ent el ro c�Vrd and (16 ap for inspection of the bid documen��ill be scheduled to occur,wiggq �V�(r4�i �Days
after the request is received by the Agency.
14. DISQUALIFICATION OF BIDDERS
Any one or more of the following causes may be considered as sufficient for the disqualification of Bidder and the rejection of the Bidder's bid or bids:
a) Submittal of more than one (1) bid for the same work from an individual firm, partnership, or corporation under the same or different names.
b) Evidence of collusion among Bidders.
c) Modification of BID SCHEDULE.
d) Submittal of an incomplete or invalid bid, and / or failure to include all required information, which precludes full analysis and review of said Bid and / or which precludes meaningful comparison of the Bid with other bids received by the Agency.
15. BID PROTESTS
Any bidder who submits a valid bid shall have the right to file a bid protest with the Agency before 5:00 p.m. on the fifth Working Day following the posting date of the Notice of Intent to Award a contract. However, bidder shall receive an extension to this deadline if the Agency has not fulfilled bidder's request for electronic copies of the bid documents or for an opportunity to inspect the bid documents at least two (2) Working Days prior to the deadline. In such cases, bidder may submit a bid protest before 5:00 p.m.on the fifth Working Day following the date on which bidder receives, or is provided an opportunity to inspect,the bid documents. Bid protests must be submitted in writing to the City of Vista, Public Works Department, 1165 E Taylor Street,Vista, California 92084.The time limits and requirements set forth in this section are mandatory and arethe bidder'ssole and exclusive remedy in the eventofa bid protest,and failureto comply with these requirements shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. If a protest is received from anyone other than a bidder, or after the specified time period, the protest shall be invalid. The protest shall conform to the following requirements:
a) The initial protest document shall contain a complete statement of the basis for the protest. b) The protest shall refer to the specific portion, or portions, of the document that form the basis for the protest.
c) The protest shall contain the name, address, and telephone number of the person representing the protesting party.
d) The party filing the protest shall concurrently transmit a copy of the initial protest document, and any attached documentation, to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
e) The Agency shall issue a decision on the protest.
06/28/2022 C8 Page 26 of 104
16. AWARD OF CONTRACT
No bidder may withdraw its bid for a period of ninety(90) calendar days.
The Contract shall be awarded within ninety (90) calendar days after the opening of bids if it is in the interest of the Agency to do so. The Agency reserves the right to waive any informality or minor irregularities in any bid, to reject any or all bids, to reject one part of a bid and accept the other, except, to the extent that bids are qualified by specific limitations, to take bids under advisement for a period of ninety (90) calendar days after the date the bids are publicly opened, and to make award to the lowest responsible bidder as the interest of the Agency may require.
All terms and conditions contained in the Contract Documents shall become a part of the contract.
17. LOCAL BUSINESS ENTITY PREFERENCE
A Local Business Entity, as defined below, may be entitled to a preference as provided for in Section
3.08.040 of the Vista Municipal Code. If the lowest bid is submitted by someone other than a Local Business Entity, the Local Business Entity who submitted the lowest bid that is within five percent(5%) of the lowest bid shall be given the opportunity to become the lowest bidder by reducing its bid to match the bid of the lowest bidder. In order to be deemed the lowest bidder,the Local Business Entity must agree in writing to reduce its bid to match the bid of the lowest bidder within three (3) Working Days of the City's request to match. Thereafter, the Contract may be awarded to that Local Business Entity if it otherwise qualifies as the Lowest Responsible Bidder.
A "Local Business entity" is:
1)
a)A business entity providing services when the entity's principal place of business is located within the City as identified on a City business license or other official documents;or
b) a vendor making a sale of goods provided that such business or entity possesses a valid and current seller's permit or equivalent issued by the State Board of Equalization or its successor which identifies the City of Vista as the points of sale for all of its taxable retail sales within the City's jurisdiction; and 2) Holds a City of Vista business license that has been in effect for at least six (6) months prior to the issuance of a request for bids/proposals for which the company wishes to bid;and 3) Employs at least two (2) full-time, or four (4) part-time employees of the company whose primary residence is located within the City of Vista; or, if the company has no employees, then is at least fifty percent(50%)owned by one or more persons whose primary residences are located within the City of Vista.
06/28/2022 C8 Page 27 of 104
18. VETERAN-OWNED BUSINESS ENTITY
A Veteran-Owned Business Entity, as defined below, may be entitled to a preference as provided for in section 3.08.020 of the Vista Municipal Code. Should the bidder who submits the lowest bid not be a Veteran-Owned Business Entity,then the lowest bid submitted by a Veteran-Owned Business Entity which is within two percent (2%) of the lowest bid may be deemed the Lowest Monetary Bidder, whether or not that bidder is the second lowest bidder, if the Veteran-Owned Business Entity agrees, in writing,to reduce its bid to match the bid of the lowest bidder within three days of the City's request to match. Thereafter, the Contract may be awarded to the Veteran-Owned Business Entity if it otherwise qualifies as the Lowest Responsible Bidder.
A "Veteran-Owned Business Entity" is:
1) Is a business entity which at least fifty one percent(51%) owned by one or more veterans;and 2) Holds a business license for at least 6 months prior to the issuance of the request for bids/proposals in
(a) the City of Vista; or
(b) one of the other Innovate 78 Corridor Economic Development Initiative cities of Carlsbad, Escondido, Oceanside, or San Marcos, provided that the city issuing the business license has enacted a substantially similar veterans business preference program as determined by the City Manager;and
3) Is a Service-Disabled Veteran-Owned Small Business (SDVOSB) or Veteran-Owned Small Business (VOSB) registered with the Office of Small & Disadvantaged Business Utilization's Vets First Verification Program, a division of the U.S. Department of Veteran Affairs, or(b) is a disabled Veteran Business Enterprise(DVBE)certified and registered with the Office of Small Business and DVBE Service, a division of the California Department of General Services.
19. EXECUTION OF CONTRACT/ FAILURE TO EXECUTE CONTRACT A bidder whose proposal is being recommended for acceptance shall execute a written Contract with the Agency, in the form of the CONSTRUCTION CONTRACT attached hereto, prior to contract award and within the time requested bythe Agency. Thereafter,a bidderto whom an award is made shall secure the payment of Workmen's Compensation, and furnish good and approved insurance certificates, all as required in the following paragraph and all in accordance with the provisions hereof, within ten (10) Working Days from the date of the posting of the
06/28/2022 C8 Page 28 of 104
20. LIABILITY INSURANCE
Before the Contract is executed on behalf of the Agency, a bidder to whom the Contract has been awarded shall furnish to the Agency a policy or certificate of protective liability insurance in which the Agency shall be named as an additional insured with the bidder. The policy shall insure the Agency, its officers and its employees,the bidder,his employees,and his subcontractors and their employees,and their heirs,agents, and employees, while acting within the scope of their duties, against all claims arising out of or in connection with the Work to be performed and shall remain in full force and effect until the Work is accepted by the Agency. The policy shall provide for the limits stated with any insurance policy carried by the Agency. The public liability insurance shall be in the amounts set forth in of the Supplementary General Provisions. The insurance company shall meet the financial strength rating requirements set forth in the General Provisions.
21. INSURANCE CODE REQUIREMENTS
Attention is called to the provisions of the Insurance Code of the State of California with reference to the writing of insurance policies and bonds covering risks located in this state, and the premiums and commissions thereon. A bidder to whom the Contract is awarded shall furnish, at the time his bond or bonds are submitted for approval, satisfactory evidence that the requirements of said code have been observed.
22. ASSIGNMENT
In accordance with Section 4552 of the Government Code, the bidder shall conform to the following requirements. In submitting a bid to the Agency, the bidder offers and agrees that if the bid is accepted, it will assign to the Agency all rights,title and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C.Section 15)or underthe Cartwright Act[Chapter 2(commencingwith Section 16700) of Part 2 of Division 7 of the Business and Professions Code], arising from purchases of goods, services or materials by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to thebidder. 06/28/2022 C8 Page 29 of 104
INSTRUCTIONS FOR SIGNING BIDS AND CONTRACTS
CORPORATIONS
Give name of corporation.
Proof of authorization shall be established (pursuant to Corporation Code Section 313) when the corporate officers listed below both sign the documents:
Signatures: Chairman of Board or President or Vice-President AND Secretary or Assistant Secretary or Chief Financial Officer or Assistant Treasurer.
Affix corporate seal and Notary's acknowledgment.
Others may sign to bind the corporation if the Agency has been furnished a certified copy of a resolution of the corporate board of directors authorizing them to do so.
PARTNERSHIPS
Signatures: All members of partnership. One may sign if the Agency has a copy of authorization [i.e., a Certificate of Partnership (State form LP-1 for Limited Partnerships) or a copy of the partnership agreement is sufficient to establish the authority of a single general partner to bind the partnership].
Affix Notary's acknowledgment.
JOINT VENTURES
Give the names of the joint ventures.
Signatures: All joint ventures. One may sign if the Agency has a copy of authorization.
Affix Notary's acknowledgment.
INDIVIDUALS
Signature: The individual.
Affix Notary's acknowledgment.
FICTITIOUS NAMES
Show fictitious names.
Satisfy all pertinent requirements shown above (note: If the Bidder is a sole proprietorship, either a Fictitious Business Name Statement or a City of Vista business license is sufficient to establish the authority of an individual to bind the sole proprietorship). 06/28/2022 C8 Page 30 of 104
GENERAL SPECIFICATIONS
1. DEFINITIONS
b. CITY- The CITY of Vista.
c. CITY MANAGER - The fully appointed CITY MANAGER of the CITY or his authorized representative.
d. CONTRACT ADMINISTRATOR—The Director of Public Works' designee for administering the CONTRACTOR'S work under this agreement. e. CONTRACTOR - The managing individual of the contracting entity or his authorized employees or representatives.
f. PERIODIC INSPECTION — Routinely scheduled or randomly noticed inspection or audit conducted by CITY.
2. STANDARDS OF WORK AND CONTRACTOR RESPONSIBILITY
a. All park facilities shall be serviced in a professional, workmanlike manner using quality equipment and materials
b. CONTRACTOR shall provide at its expense all labor, materials, equipment, tools, services and special skills necessary for the provision of custodial maintenance services, except as otherwise specified hereinafter. The premises shall be maintained to the standards specified in Exhibit A at no less than the frequencies set forth herein.
c. CONTRACTOR is hereby required to render and provide custodial maintenance services including, but not limited to; sweeping, disinfecting and cleaning surfaces, scrubbing, pressure washing, unclogging drains (up to 5 feet from fixture) and all other maintenance required to maintain the areas in accordance with specified schedules and standards.
d. CONTRACTOR shall be available for On Call / Emergency Call Back for any cleanings needs at any CITY owned facilities. Response time shall be no more than two (2) hours and paid at the rate listed in the CONTRACTOR'S Bid Proposal.
e. CONTRACTOR shall report to the CONTRACT ADMINISTRATOR all observations of: graffiti and other vandalism; illegal activities; transients; missing or damaged equipment or signs; hazards or potential hazards, including burnt out light fixtures within twenty-four (24) hours. Failure to report these issues will be treated as a complaint.
06/28/2022 C8 Page 31 of 104
3. FACILITIES TO BE MAINTAINED
The facilities to be maintained are as follows:
1) Breeze Hill Park- 645 S. Melrose Drive. One (1) men's and one (1) women's restroom 2) Brengle Terrace Park-1200 Vale Terrace Drive. Two (2) men's, two (2) women's and four (4) unisex restrooms.
3) Bub Williamson Park- 530 Grapevine Road. One (1) men's and one (1) women's restroom. 4) Buena Vista Ballfields-1851 S. Melrose Drive. One (1) men's and one (1)women's restroom. 5) Buena Vista Park (Duck Pond)- 1601 Shadowridge Drive. Two (2) unisex restrooms. 6) Luz Duran Park- 340 E. Townsite Drive. One (1) men's and one (1) women's restrooms. 7) Shadowridge Park- 2101 Lupine Hills Drive. One (1) men's and one (1) women's restrooms. 8) Skate Park - 400 N Santa Fe Avenue. Two (2) unisex restrooms. 9) Thibodo Park - 1150 Lupine Hills Drive. One (1) men's and one (1) women's restrooms. 10) Wildwood Park - 651 E. Vista Way. One (1) men's and one (1)women's restrooms. 11) Vista Sports Park - 1600 Sports Park Way. One (1) men's, one (1) women's and one (1) unisex restrooms.
4. ENFORCEMENT, DEDUCTIONS AND LIQUIDATED DAMAGES
a. The CONTRACT ADMINISTRATOR, or designee, shall be responsible for the enforcement of this Contract on behalf of CITY. In addition to deductions stipulated in other sections of this agreement, the CONTRACT ADMINISTRATOR, or designee, may enforce deductions. b. The CONTRACT ADMINISTRATOR, or designee, shall prepare and implement an Inspection Rating System (see sample Inspection Form Exhibit C). The CONTRACTOR agrees to be evaluated by said system and bound by the ratings and any resulting payment deductions, subject to cure periods, as described in subsection (d), below. Each location specific Inspection Form has a maximum point score of 100. While any work deficiencies that exist beyond the cure period may result in payment deductions, the CITY intends to focus on payment deductions when CONTRACTOR receives a rating of less than 70% at a facility. The Inspection Forms shall constitute adequate reason for any imposed deductions. The CONTRACT ADMINISTRATOR shall determine the frequency of the CITY's facility Inspections. c. The CONTRACT ADMINISTRATOR, or designee, shall maintain a record of complaints filed by CITY staff, members of the public, or deficiencies directly observed by the CONTRACT ADMINISTRATOR or designee. Each complaint will be forwarded to the CONTRACTOR. Complaints include, but are not limited, to:
i. The work task in an area was not performed in strict accordance with the performance standards. ii. Work tasks were not performed in their entirety.
06/28/2022 C8 Page 32 of 104
iii. The specified equipment, tools and chemicals were not used or were not in good operating condition.
iv. The tasks were not performed within the scheduled work shift or within the specified timeframe. v. Failure to respond to a call back within 2-hour time frame. d. In the event of non-performance of work ("work deficiencies") by the CONTRACTOR, the CONTRACT ADMINISTRATOR, or designee, may do the following:
i. The CONTRACT ADMINISTRATOR, or designee, may direct the CONTRACTOR to address the work deficiencies within a CITY-specified time period ("cure period"). The cure period shall be 2 hours from CITY's notification to CONTRACTOR unless a different time period is expressly specified by CITY.
ii. If CONTRACTOR fails to fully address the work deficiencies within the cure period, the CITY may exercise one of the following options:
1. Liquidated Damages. The CONTRACT ADMINISTRATOR, or designee, may deduct liquidated damages of$50 per day per location, for each day that CONTRACTOR fails to cure the deficiency after the cure period. The amount of liquidated damages shall be deducted from CONTRACTOR's monthly payment for the month during which the deficiency occurred.
CITY and CONTRACTOR agree that time is of the essence in the performance of the CONTRACTOR's duties, and that it will be impractical or extremely difficult to fix the extent of actual damages that resulted from the failure of the CONTRACTOR to correct a deficiency within the specified cure period. The parties hereby agree that a reasonable estimate of such damages is Fifty Dollars ($50) per day per site, and that CONTRACTOR shall be liable to CITY for liquidated damages in said amount.
Said amount shall be deducted from CITY's payment to CONTRACTOR. Such liquidated damages shall not be construed as a penalty but as an adjustment of payment to CONTRACTOR to recover the CITY's cost due to the failure of the CONTRACTOR to comply with the provisions of the Agreement.
Examples of deficiencies that may result in liquidated damages include:
■ Failure to make adequate corrections to an inspection report. ■ Repeated deficiencies highlighted in inspection reports. ■ Receiving repeated complaints about the same deficient service. ■ Not maintaining equipment in a safe of sanitary manner. ■ Not maintaining adequate supplies of cleaning products and consumables. ■ Failure to maintain and provide service records.
2. Alternative Invoice Deductions. In lieu of imposing liquidated damages, and in cases where the value of Contractor's unperformed services is ascertainable, the City may withhold payments to Contractor in such ascertainable amounts. Such deductions will occur for the month during which the services were not fully performed.
Any payment deductions shall not prevent the CITY from proceeding with termination of the Agreement.
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5. INSPECTIONS, MEETINGS, & REPORTS
a. CITY reserves the right to perform inspections, including inspection of CONTRACTOR'S equipment, at any time for the purpose of verifying CONTRACTOR'S performance of Contract requirements and identifying deficiencies.
b. The CONTRACTOR or their authorized representative shall meet with the CONTRACT ADMINISTRATOR or their representative on each site monthly for the initial year of the Contract then thereafter at the discretion and convenience of the CONTRACT ADMINISTRATOR c. At the request of the CONTRACTOR ADMINISTRATOR, the CONTRACTOR, or their appropriate representative, shall attend meetings and/or training sessions, as determined by the CONTRACT ADMINISTRATOR for purposes of orientation, information sharing, Contract revision, description of CITY policies, procedures, standards, and the like.
d. CONTRACTOR, or their appropriate representative, shall make sufficient daily inspections to ensure the work is performed as specified. The CONTRACTOR shall inspect all tools, equipment and chemicals to ensure they are clean, in good working order and meet the specifications. If they do not meet the specifications the CONTRACTOR shall replace them with new or workable tools, equipment and chemicals. CONTRACTOR shall maintain written record of tools, equipment and chemicals discrepancies, and upon request, provide written records to the CONTRACT ADMINISTRATOR. e. CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR such written documentation and/or regular reports as the CONTRACT ADMINISTRATOR deems necessary to verify and review CONTRACTOR'S performance under the specifications and to provide to the CONTRACT ADMINISTRATOR pertinent information relative to the maintenance, operation, and safety of the sites, including:
i. Staff cleaning schedule and times
ii. Site cleaning inspections form (check in sheet in restrooms, date/time/issues/initials, Exhibit D) iii. Building and maintenance issues reported to CONTRACT ADMINISTRATOR
6. DAMAGE BY CONTRACTOR
All damages incurred to existing facilities by the CONTRACTOR'S operation shall be repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of the CONTRACT ADMINISTRATOR, and all at the CONTRACTOR'S expense.
7. EXTRA WORK
a. The CITY may award Extra Work to the CONTRACTOR at the discretion of the CONTRACT ADMINISTRATOR. New or unforeseen work will be classified as "Extra Work" when the CONTRACT ADMINISTRATOR determines that it is not covered by the existing contract.
Extra work will be one of the following:
i. Additional work during a shift that falls outside of the regular scope of work such as 06/2 / cy clean up. This will be approvqd6i writing by the CONTRAC-F> ,I II�I�wff- aid via he rates in CONTRACTOR's su mitted Bid Schedule. y
ii. Additional service for special events. An estimated cost for the extra work must be approved by the CONTRACT ADMINISTRATOR in writing.
8. SAFETY
a. CONTRACTOR agrees to perform all work outlined in the specifications in such a manner as to meet all accepted standards for safe practices during the performance of his duties and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all times so as to protect all persons, including CONTRACTOR'S employees, agents of the CITY, vendors, members of the public or others from foreseeable injury, or damage to their property. b. CONTRACTOR shall notify the CONTRACT ADMINISTRATOR immediately of any occurrence of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report thereof to the CONTRACT ADMINISTRATOR within three (3) calendar days following the occurrence. CONTRACTOR shall cooperate fully with the CITY in the investigation of any such occurrence.
9. HOURS AND DAYS OF SERVICES
a. Custodial service shall take place seven (7) days a week including holidays from 10:00pm to 6:00am. b. CONTRACTOR shall provide staffing to perform the required maintenance services during the prescribed hours of 10:00pm to 6:00am. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the CONTRACT ADMINISTRATOR.
10. SECURITY
a. The CONTRACTOR shall be responsible for unlocking, locking and securing the buildings and gates, before and after performing services. The CONTRACTOR shall not duplicate keys to buildings and park restrooms; additional keys, as needed, shall be provided by the CONTRACT ADMINISTRATOR. The CONTACTOR shall be required to perform an annual key audit with the CONTRACT ADMINISTRATOR or designee.
11. EQUIPMENT
a. The CONTRACTOR shall furnish all equipment, accessories and tools necessary to perform the work properly as defined in the specifications. Contracted staff shall insure prior to the beginning of each work shift that each janitorial vehicle is provided with the appropriate equipment, chemicals and supplies. b. All equipment required for the performance of work under the specifications shall be functioning, clean and well maintained. Equipment shall be designed to perform the kind of work prescribed in the specifications at the time services begin at the CITY, whether leased or purchased. Said equipment shall be used exclusively for the performance of work defined herein. Examples include but are not limited to restroom cleaning systems, brooms, brushes, mops, mop buckets, cleaning towels and dust wands. c. The CONTRACTOR shall provide, maintain, repair and/or replace monthly or as needed, all necessary custodial tools and equipment including but are not limited to brooms, brushes, mops, pails, dust cloths, dust wands, scrubbers, etc.
06/28/2022 C8 Page 35 of 104
d. If requested by the CONTRACT ADMINISTRATOR, the CONTRACTOR shall make the equipment and/ or tools available for performance evaluation by the CONTRACT ADMINISTRATOR. Any costs associated with the evaluation shall be the sole responsibility of the CONTRACTOR. e. All electrical equipment used by the CONTRACTOR shall meet all applicable safety requirements. This shall include either the use of ground fault interrupters or a wiring inspection program to assure the integrity of ground pins, grounding continuity, strain relief and insulation quality of plugs and cords. This equipment must operate at full rated performance levels using existing building circuits. It shall be the responsibility of the CONTRACTOR to prevent the operation or the attempted operation of electrical equipment or combinations of equipment that requires power exceeding the capacity of the existing building circuit.
12. CONTRACTOR STAFF CONTACT
CONTRACTOR shall provide a designated in-house staff contact who is assigned and dedicated to the CITY in relation to this Agreement. CONTRACTOR shall make its in-house staff contact accessible through a local number with area code 619, 858, or 760, or a toll-free number. The in-house CONTRACTOR staff contact shall be knowledgeable and responsive relative to contract and customer services issues and available to CITY staff during the following hours of operation:
Daily from 6:30am to 4:00pm.
13. POST CLEANING PHOTOGRAPHIC RECORDS
CONTRACTOR, or its agents, shall take digital time-stamped photographs of each CITY facility immediately following each completed cleaning. Such photographs shall be sufficient in quality and quantity in order for the CITY to ascertain the overall state of the facility. Throughout the term of this Agreement, CONTRACTOR shall maintain and organize these photographic records by CITY facility and date. CONTRACTOR shall provide these photographs to the CITY in digital format, upon CITY's request.
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EXHIBIT A
CITY OF VISTA
CUSTODIAL SERVICES
SCOPE OF WORK
When contracted work begins the CONTRACTOR shall clean all buildings to the Association of Physical Plant Administrators (APPA) Cleaning Level 2 upon receiving the notice to proceed. When this has been completed the CONTRACTOR and CONTRACT ADMINISTRATOR will inspect the buildings to confirm and agree that this requirement has been met.
Cleaning Scope of Services
Cleaning Products and Consumables
All cleaning products, soap, hand sanitizer, toilet paper, seat covers, paper towels and any related supplies to be provided by CONTRACTOR.
Expectations of Service
The intent of this scope is to provide restrooms that are clean, sanitized, stocked and odor free throughout the day.
The CITY has set minimum standards for the cleanliness of the facilities, these specifications refer to APPA standards.
APPA's Five Levels of Clean.
The following is a summary of key indicators for each of APPA's five levels of cleanliness and can be found on https://www.appa.org/bok/cleaning-operations/#custodial-audit .
Level 1—Orderly Spotlessness indicators
• Floors and base molding shine and/or are bright and clean; colors are fresh. • There is no buildup in corners or along walls.
• All vertical and horizontal surfaces have a freshly cleaned or polished appearance and have no accumulation of dust, dirt, marks, streaks, smudges, or fingerprints. Lights all work and fixtures are clean. • Washroom and shower fixtures and tile gleam and are odor free. Supplies are adequate. • Trash containers hold only daily waste and are clean and odor free.
Level 2—Ordinary Tidiness indicators
Same as Level 1 with the following exceptions
• There can be up to two days' worth of dust, dirt, stains, or streaks on floors and base molding • Dust, smudges, and fingerprints are noticeable on vertical and horizontal surfaces Level 3—Casual Inattention indicators
• Floors are swept or vacuumed clean, but upon close observation, there can be stains. A buildup of dirt and/or floor finish in corners and along walls can be seen. • There are dull spots and/or matted carpet in walking lanes. There are streaks or splashes on base molding.
• All v r �I}pCizontal surfaces have obvious dustdirt, marks, smudges, and fingerprints L 1T4 all work �a�e clean. I-'age ;i/ �T U
• Trash containers hold only daily waste and are clean and odor free.
Level 4—Moderate Dinginess indicators
• Floors are swept or vacuumed clean, but are dull, dingy, and stained. There is a noticeable buildup of dirt and/or floor finish in corners and along walls.
• There is a dull path and/or obviously matted carpet in the walking lanes. Base molding is dull and dingy with streaks or splashes.
• All vertical and horizontal surfaces have conspicuous dust, dirt, marks, smudges, and fingerprints. Lamp fixtures are dirty, and some lamps (up to 5 percent) are burned out. • Trash containers have old trash. They are stained and marked. • Trash containers smell sour.
Level 5—Unkempt Neglect indicators
• Floors and carpets are dull, dirty, scuffed, and/or matted. There is a conspicuous buildup of old dirt and/or floor finish in corners and along walls. Base molding is dirty, stained, and streaked. Gum, stains, dirt, dust balls, and trash are broadcast.
• All vertical and horizontal surfaces have major accumulations of dust, dirt, smudges, and fingerprints, all of which will be difficult to remove. Lack of attention is obvious. • Light fixtures are dirty with dust balls and flies.
• Trash containers overflow. They are stained and marked. • Trash containers have odor.
The City of Vista requires buildings to be maintained at APPA Level 2 or better standards. If a building is observed to be Level 3 or lower the CONTRACT ADMINISTRATOR will advise the CONTRACTOR to bring the building to an acceptable standard within a cure period. 06/28/2022 C8 Page 38 of 104
DESCRIPTION OF TASKS (must be performed during each cleaning) Empty Trash & All interior trash receptacles and recycle bins shall be emptied completely in the appropriate Recycle Bins, receptacles, the trash can is cleaned inside and out as needed, and an appropriately sized liner Replace Liners, installed. Co-mingled recycle bins to maintain separation from trash and be emptied in recycle bins Restock Paper provided. All paper products shall be restocked so that they are 50% full at all times.
Products
All resilient tile floors (rubber, vinyl, terrazzo) shall be swept with a broom or dry mopped so as to leave Sweep Floors the floor in a dirt/dust/debris free state. Dry mops should be sprayed with a dust mop treatment prior to use.
Use microfiber flat mop system. All hard floor surfaces shall be damp mopped with a germicidal detergent solution to remove any and all spills. Scuffmarks or stains are not expected to be removed Damp Mop Hard with damp mopping. Trash receptacles, shall be moved when necessary to mop underneath and shall Floors (tile, be moved back to their proper area in a timely manner. After mopping, the floor shall have a uniform concrete, rubber appearance with no streaks, swirl marks, detergent residue or any evidence of soil. There shall be no and resilient) splash marks or mop streaks on furniture, walls, baseboards remaining in the area. There shall be no residual surface water or puddling. Care must be made to prevent build up in corners and at floor wall transitions.
Clean Glass Interior glass, mirrors, frames and glass surfaces within the space shall be cleaned and left streak-free and mirrors with no building up, grime, dust, cobwebs, rust etc. 06/28/2022 C8 Page 39 of 104
Surfaces All counter-tops, doors, partitions, mirrors, dispensers, toilets, urinals, window ledges, door frames etc. are to be free of dust, grime or any other build up.
Clean and
polish All surfaces to be free of dust, debris, grime, scale and rust. Surfaces must be clean and streak free. appliances and
metal surfaces.
Wipe/Clean Daily cleaning with disinfectant and then rinse with water. Stainless steel fountains are to be cleaned Drinking with a stainless cleaner, inside and out, as well as fixtures. Porcelain fountains are to be cleaned with a Fountains mild abrasive. Fountains are to be free of water spots, stains, grime, fingerprints and smudges.
Disinfecting All surfaces in restrooms, drinking fountains and touch points must be cleaned with a disinfecting surfaces surface cleaner, and applied in accordance with the product instructions.
Trash cans All trash containers be cleaned inside and out so as to remove stains, smudges and dried refuse. 06/28/2022 C8 Page 40 of 104
High Dust:
Vents, Lights, High Dust: Vents, Lights, fixtures, tops of doors, doorframes and ceilings included.
Ceilings, Etc.
Paper towels seat covers and tissue dispensers are to be checked and filled whenever the product Restock Paper, remaining is 30% or less. In restrooms of high usage, new rolls of tissue will be installed and the 30% or Soap and hand partial roll shall be placed on the dispenser. Soap and hand sanitizer is to be checked and filled or sanitizer cartridge replaced when less than 1 /4 of the product remains.
All sinks, faucets and valves shall be cleaned and free of rust deposits, scale, stains, soap scum, grime, Clean Fixtures etc. Toilets and urinals shall be cleaned and sanitized so as to remove any deposits, scale, stains or odors. Attention must be paid to areas underneath and behind fixtures. 06/28/2022 C8 Page 41 of 104
CONTRACTOR's BID SCHEDULE shall reflect pricing for the following services for each facility, in accordance with all other provisions of this Agreement:
Daily
Overnight Cleaning
10 p.m. to 7 a.m.
1. Sweep floors inside restroom. Collect debris and dispose.
2. Spray down walls, floors, fixtures, partitions, counters, toilets, urinals and sinks with disinfecting cleaner. Allow solution to sit for approximately 10 minutes for effective disinfecting.
3. Scrub floors and base thoroughly with a deck brush. Use crevice tool for floor/wall transitions, corners and partition bases.
4. Hose down walls, partitions, toilets, urinals with pressure nozzle and squeegee water into floor drain.
5. Pick up residual debris; do not hose outside or into floor drain.
6. Scrub/wipe partitions, walls, toilets, urinals, sinks and counters. No dust, grime, build up, rust or dirt should be evident on partitions, fixtures, valves, drain pipes, drain covers and faucets.
7. Clean mirrors (if applicable) with disinfectant, and wipe to streak free condition.
8. Clean dispensers with disinfectant, and wipe to streak free condition. Dispensers should be free of oxidation, grime, build up and rust.
9. Wipe changing tables (if applicable) inside and out.
10. Restock toilet paper if existing roll is less than 50% full.
11. Top off soap dispensers as needed.
12. Clean all drinking fountains attached to building with disinfecting cleaner.
13. Sweep outside entrance path area (concrete pad approximately 5' from perimeter walls next to restroom entrance).
14. Clear any clogged restroom fixtures within the first 5 feet of drain.
15. Report any damage, clogged fixtures (unable to be cleared by CONTRACTOR), emergency cleaning and graffiti to CONTRACT ADMINISTRATOR immediately.
06/28/2022 C8 Page 42 of 104
Porter Service/Afternoon Cleaning (bid alternate)
• Noon to 3PM
1. Close Restroom (put up closed sign) Sign supplied by CITY
2. Sweep floors
3. Wipe down sinks and faucets with disinfecting cleaner.
4. Wipe down toilets/urinals with disinfecting cleaner.
5. Wipe down touch points (dispensers, handles, partition hardware) with disinfecting cleaner.
6. Restock toilet paper as needed
7. Check and top off soap if needed
8. If restroom is heavily soiled shut the room down and fully clean and disinfect. Report to CONTRACT ADMINISTRATOR, include time/date stamped pictures to justify additional work and report time spent.
Put up closed sign (provided by CITY).
Additional Services
Emergency Cleaning (as-needed and upon request by CITY)
1. Close restroom (put up closed sign provided by CITY)
2. Perform daily service routine
06/28/2022 C8 Page 43 of 104
EXHIBIT C
Inspection Form
Photos and descriptions of issues and will be provided the City with each Inspection Form.
Contractor's failure to address reported deficiencies may result in payment deductions as described in the Agreement. The City reserves the right to deduct payments for any continuing deficiency, however the City intends to focus on deficiencies that result in an Inspection Form total score of less than 70%.
Each box is worth 10%, with a total of 10 boxes for a 100%.
Park Name & Location
Inspection— Park Restrooms Percentage Inspection Date Re-Inspection Date Max of 10% each Complete (y/n) Complete (y/n)
1. No observable trash on
floor or surfaces
2. Floor is free of dirt, debris
and build u
3. Sinks are clean and
disinfected, free of dust,
dirt, streaks, grime and
build up.
4. Valves, faucets are free of
rime, scale oxidation etc.
5. Toilets and urinals are free
of dust, dirt, streaks, grime
and build up etc. Including
rear and underside of
fixtures
6. Dispenser cabinets,
partitions, stalls, and doors
are free of dust, dirt,
streaks, grime and build
u .
7. Room smells fresh and is
free of urine odor
8. All dispensers are stocked
more than 50%
9. Walls, ceilings, vents and
light fixtures are free of
dust, cobwebs and surface
rime.
10. Completed Sign-in Sheet
Total Score out of 100
Inspected By:
General Notes
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EXHIBIT D
Check-in sheet:
CITY O F VISTA
C A L 1 O R N 1 A
Date Time Toilet Sinks Floors Trash Stocked, Issues Initials Urinals Paper,
Soap
*To be maintained in each restroom
06/28/2022 C8 Page 45 of 104
BID PROPOSAL
From: Bidder,
For:
PARK RESTROOM JANITORIAL SERVICES
as specifically set forth in documents entitled
PARK RESTROOM JANITORIAL SERVICES
The undersigned hereby proposes and agrees that if his bid as submitted in the attached BID SCHEDULE be accepted, he will contract in the form so approved to perform all work for which a Contract may be awarded him, to furnish any and all plant, labor,services, materials,tools,equipment, supplies,transportation, utilities and all other items and facilities necessary therefore as provided in the Contract Documents, and to do everything required therein for the proposed Project as specifically set forth in said Contract Documents, together with appurtenances thereto, all as set forth on the Drawings and in the Project Specifications and other Contract Documents; and he further proposes and agrees to complete all the Work called for by the Drawings, Project Specifications, and other Contract Documents in strict conformity therewith within the time limits set forth therein; and that he will accept as full payment therefore the prices set forth in the BID SCHEDULE forming a part thereof.
It is understood and agreed that:
1. The undersigned has carefully examined all Bid documents and other Documents which will form the Contract, including all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents.
2. The undersigned has, by investigating the site of work, by reviewing and analyzing the Project Specifications, and by otherwise familiarizing himself with the Project, has satisfied himself as to the nature and location of the Work and has fully informed himself as to all conditions and matters which can in any way affect the Work or the costthereof.
3. The undersigned fully understands the scope of the Work and has included in the various related items of Work the cost of all work not listed as a separate item so that the Bid for the Project reflects the total cost for completing the Work in its entirety, has checked carefully all words and figures inserted in this Bid, and he further agrees that the Agency shall in no way be responsible for any errors or omissions in the preparation of this proposal.
4. The undersigned will execute the Contract and furnish the required proof of insurance coverage within the stipulated time after the mailing of a notice to him of acceptance of his bid by the Agency; and further, that this bid may not be withdrawn for a period of ninety (90) calendar days after the date set for the opening thereof unless otherwise required bylaw.
5. The undersigned hereby certifies that this proposal is genuine and not sham or collusive or made in the interest or in behalf of any person not herein named, and the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding,and the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. as f
6. ��In2coonTorrmance with current statutory requirements of Section 1860, et. seq.,Poft'Ke Labor odes of the
State of California,the undersigned confirms the following as his certification:
"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."
7. Receipt of Addenda No. through is hereby acknowledged. (If none, write "NONE").
8. In compliance with the Notice Inviting Bids and all the provisions hereinbefore stipulated, the undersigned, with full cognizance thereof, hereby proposes to perform the entire work for the prices set forth in the attached BID SCHEDULE upon which award of the Contract ismade. (Continued on next page)
DATE: 20 BIDDER'S NAME
BY
Signature
Printed Name
TITLE
BY
Signature
Printed Name
TITLE
(CORPORATE SEAL) BIDDER'S MAILING ADDRESS:
Name and address of all members
of the firm or names of all officers
of the corporation.
CORPORATION ORGANIZED UNDER THE LAWS OF THE
STATE OF
EXPIRATION DATE
INSURANCE COMPANY:
06/28/2022 C8 Page 47 of 104
I certify(or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct:
Date CONTRACTOR'S SIGNATURE
06/28/2022 C8 Page 48 of 104
BID SCHEDULE
Pursuant to and in compliance with the Notice Inviting Bids and other Contract Documents relating to the proposal for
PARK RESTROOM JANITORIAL SERVICES
as specifically set forth in documents entitled
PARK RESTROOM JANITORIAL SERVICES
all in accordance with the Project Specifications on file at the City of Vista Public Works Department, the undersigned bidder, having familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the Work at the place the Work is to be done; and with the Project Specifications and other Contract Documents, hereby stipulated;the Contractor agrees to complete the Contract, including all of its component parts and everything required to be performed, and to provide and furnish any and all labor, materials, tools, equipment, expendable supplies and all utility and transportation services necessary to perform the Contract, and complete in a workmanlike manner all of the Work required in connection with the Contract, all in strict conformance with the Project Specifications.
Notes:
1] Unit Prices shall be entered to two (2) decimal places only 06/28/2022 C8 Page 49 of 104
BID SCHEDULE
PROJECT NAME: PARK RESTROOM JANITORIAL SERVICES
NAME OF BIDDER:
PROPOSED COST OF SERVICES Restrooms (refer to Exhibit A) Recommended
Description Minimum Time Monthly Rate Monthly Rate (Bid for daily alternate)
cleaning
Breeze Hill Park 645 S. Melrose Dr. 30 minutes $ - $ - Brengle Terrace Park (1200 Vale Terrace
Drive 2 hours $ - $ -
Bub Williamson Park (530 Grape Vine
Road) 30 minutes $ - $ -
Buena Vista Ballfields (1851 S. Melrose
Drive) 30 minutes $ - $ -
Buena Vista Park - Duck Pond (1601
Shadowrid e Dr.) 30 minutes $ - $ - Luz Duran Park 340 E. Townsite Drive 30 minutes $ - $ - Shadowridge Park (2101 Lupine Hills
Drive) 30 minutes $ - $ -
Skate Park 400 N. Santa Fe Avenue 30 minutes $ - $ - Thibodo Park 1150 Lupine Hills Drive 30 minutes $ - $ - Wildwood Park 651 E. Vista Way) 30 minutes $ - $ - Vista Sports Park (1600 Sports Park
Way) 1 hour $ - $ -
*Total Rate $ -
*Total Rate Bid Alternate $ -
06/28/2022 C8 Page 50 of 104
Description Hours Hourly Rate Total Extension *Extra Work 150
*Inclusive of all tasks and scope included in Exhibit A LOW BID IS DETERMINED BY THE FOLLOWING VALUE:
Total Monthly Rate + Total Monthly Rate (Bid alternate) + Extra Work = $ 06/28/2022 C8 Page 51 of 104
CONTRACTOR'S LICENSING STATEMENT
The undersigned is licensed in accordance with the laws of the State of California providingforthe registration of Contractors.
Contractor's License Number:
Contractor's License Class:
Expiration Date:
(As described in the INSTRUCTIONS FOR SIGNING BIDS AND CONTRACTS,complete and sign the appropriate section for your company)
Name of Individual Contractor(Print or type):
Signature of Contractor:
Business Address:
or
Name of Partnership or Joint Venture Firm:
Business Address:
Signature, printed name,title and address of members signing on behalf of the partnership:
Signature: Name: Title:
Address:
Signature: Name: Title:
Address:
or
Name of Corporation:
Business Address:
Corporation organized under the laws of the State of
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PROJECT REFERENCES
The Bidder shall provide evidence that the Bidder has had the prior experience to properly perform in accordance with the terms of these Project Specifications.
List ALL contracts with public agencies entered within the past five (5) years of the most recent projects for which the Bidder has completed work of similar size and complexity to this project as the General (or Prime) Contractor, and the names and phone numbers of the contracting public agencies. Make copies of this page for listing additional projects.
Project Date CompletedPublic Agency Name, Project Name and Description of Contract Amount No. Contact Person&Phone Work
1. 2.
3. 4.
5. 6.
7. Note: Attached pre-printed list to this page to list additional projects. 06/28/2022 C8 Page 53 of 104
NON-COLLUSION DECLARATION
PARK RESTROOM JANITORIAL SERVICES
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the of the party making the foregoing bid. (Title) (Company Name)
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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,to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof,to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership,joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California thatthe foregoing is true and correct and that this declaration is executed on
at
(Date) (City) (State)
Signature
Printed Name
Title
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CONTRACTOR'S CERTIFICATE
PARK RESTROOM JANITORIAL SERVICES
CONTRACTOR'S CERTIFICATE PURSUANT TO
SECTION 1861OF THE LABOR CODE
I am aware of the provisions of Section 3700 of the Labor Code that requires every employer to be insured against liability for Worker's 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.
Name of Contractor
By:
Signature
Printed Name
Title
Date
By:
Signature
Printed Name
Title
Date
000804461
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001074282
APPENDIX A
SAMPLE CONTRACT FOR SERVICES
THIS "CONTRACT" is entered into by and between the "Parties" as of ("Contract Date").
1.0 THE "PARTIES"
The "City": The "Contractor"
CITY OF VISTA, a chartered municipal NAMEX, statusx corporation Address
200 Civic Center Drive Address
Vista, CA 92084
Contact: name
Working Contact: workingname
Billing Contact: billingname
2.0 BASIC TERMS
2.1 The "Services" to be performed by Contractor are set forth in City's Request for Proposals ("Exhibit A").
2.2 Contractor desires to enter into this "Contract" with City for the Services.
2.3 The "Project" for which the Services are required is described in Exhibit A.
2.4 Contractor has submitted to City a Proposal to perform the Services dated proposaldate ("Exhibit B").
2.5 The "Contract Ceiling Price" is $xx,xxx per year.
3.0 CONTRACT TERM
3.1 This Contract shall take effect as of the Contract Date.
3.2 This Contract shall be in effect for xx calendar months ("Term"). The Term may be extended at the City's option for an additional xx months, in increments of City's choice, for a maximum Term of xx from the Contract Date.
3.3 City may terminate this Contract upon 30-days' written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.
4.0 SCOPE
Contractor shall perform all Services including, labor, materials, software, supplies, reports, and documents for as may be required from time to time, in accordance with Exhibit A. The Services shall be complete, and all work, material and services not expressly called for in the City Services(Non-Construction)(RFP) 1 of 10 NAMEX [22422-61 00022422 8
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Proposal which may be necessary to carry out the Contract in good faith, shall be performed by the Contractor at no increase in cost to City. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.
5.0 COMPENSATION
5.1 City shall pay Contractor on a time and material rate as set forth in Exhibit B for the Services to be performed.
5.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.
5.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:
5.3.1 The changes, additions, and deductions to be made.
5.3.2 The increase or decrease in compensation due the Contractor, if any.
5.3.3 Adjustment in the time of completion, if any.
5.4 Contract Ceiling Price
5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this Contract.
5.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.
5.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.
6.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications and appendices and all addenda setting forth any modifications or interpretations of any of these documents: Documents required under Exhibits A—E.
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7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES All Services under the Contract must be completed in compliance with the schedule in Exhibit B.
8.0 ASSISTANCE BY CITY
All information, data, records, reports, and maps as are in possession of City and necessary for the carrying out of this work shall be available to Contractor without charge. City shall make available to Contractor members of its staff for consultation with Contractor in the performance of this Contract. City does not warrant that the information data, records, reports, and maps heretofore or to be provided to Contractor are complete or accurate and Contractor should satisfy itself as to accuracy and completeness. City and Contractor agree that City shall have no liability should any information, data, records, reports, and maps be inaccurate, incomplete, or misleading. Unless provided in Exhibit A, no other assistance shall be provided by City to Contractor.
9.0 STANDARD OF PERFORMANCE
9.1 Contractor represents and warrants that it has the training, qualifications, experience, and facilities necessary to properly perform the Services required under this Contract in a thorough, competent, and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.
9.2 Contractor shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.
10.0 CONTRACTOR'S STATUS; CONTRACTOR'S EMPLOYEES
10.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.
10.2 Contractor represents and warrants that all design professional services, if any, shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Exhibit A.
10.3 Neither Contractor, nor any of Contractor's officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City Services(Non-Construction)(RFP) 3 of 10 NAMEX [22422-61 00022422 8
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City's employees. Contractor expressly waives any claim Contractor may have to any such rights.
10.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all of Contractor's officers, employees, agents, and subcontractors that are included in this Contract.
10.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor's officers, employees, agents, and subcontractors are entitled for performance of any work under this Contract. Neither Contractor nor Contractor's officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.
10.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this Contract. This is a continuing obligation that survives the termination of this Contract.
11.0 CIVIL RIGHTS
11.1 Contractor agrees to comply with Title VI of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.
11.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person's race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.
11.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.
11.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.
11.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.
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11.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.
11.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor's officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.
12.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party ("Representative"). Any written or verbal directions or requests of City's Representative delivered to the Contractor's Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.
13.0 ASSIGNMENT AND SUBCONTRACTING
13.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
13.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager's designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager's designee.
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14.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state, or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations.
15.0 FINANCIAL RECORDS
15.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor's performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.
15.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its Representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.
16.0 OWNERSHIP OF DOCUMENTS
16.1 Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, computer code, and detailed calculations developed under this contract, are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby assigns, waives, and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services. If Contractor is providing copyrighted, proprietary materials in the performance of the Services, then the intellectual property provisions of Exhibit B shall prevail over the provisions of this section.
16.2 Contractor represents that it has secured all necessary licenses, consents, or approvals to use the components of any intellectual property, including computer software, used in the rendering of services and the production of the work product produced under this Contract, and that City has full legal title to and the right to reproduce such materials. The Contractor covenants to defend, indemnify and hold City harmless of any loss, claim or liability in any way related to a claim that they are violating or have violated any federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or City Services(Non-Construction)(RFP) 6 of 10 NAMEX [22422-61 00022422 8
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other means of protecting interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked materials, equipment, devices, or processes used on or incorporated in the services and materials produced under this Contract. In case such materials, equipment, devices, or processes are held to constitute an infringement and their use is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the materials by suspension of any injunction or by procuring a license or licenses for the City; or (b) modify the materials so that they become non-infringing.
17.0 CONFIDENTIALITY
17.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.
17.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor's scope of Services. Contractor will not disclose any information prepared for City or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.
18.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively "Conflict Laws"). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk.
Contractor further agrees that no employee, agent or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.
19.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term "City Official" shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.
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20.0 INDEMNIFICATION
20.1 Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers (collectively, "Indemnitees") harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, "Liability") arising out of or in connection with this Contract or its performance, including defects in design, except: (1) Liability caused by Indemnitees' sole negligence or willful misconduct; or (2) for Liability caused by Indemnitees' active negligence, in which case the indemnity received by Indemnitees shall be reduced by the amount: (i) that Indemnitees' active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law ("Duty of Indemnification").
20.2 Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Contractor, then all obligations, liabilities, covenants, and conditions under this instrument shall be joint and several.
21.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.
22.0 SERVICE OF NOTICE
22.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party's Representative or by overnight courier service to the Party's address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.
22.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.
23.0 LABOR LAW COMPLIANCE
California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's 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."
24.0 SURVIVAL OF COVENANTS
Contractor's obligations under Sections 16, 17 and 20 shall survive the termination of this Contract.
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25.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.
26.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.
27.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.
28.0 COUNTERPARTS; ELECTRONIC SIGNATURES; ELECTRONIC DELIVERY This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven.
Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).
29.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations, and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment, or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.
[Continued on page 10.1
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30.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.
"City" "Contractor"
CITY OF VISTA, a chartered municipal NAMEX, statusx
corporation
By: By:
PATRICK JOHNSON, CITY MANAGER
JUDY RITTER, MAYOR
Name/Title
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
By:
APPROVED AS TO FORM: Name/Title
DAROLD PIEPER, CITY ATTORNEY
By:
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
By:
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EXHIBIT A
REQUEST FOR PROPOSALS
00022422 s Exhibit A
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EXHIBIT B
CONTRACTOR'S PROPOSAL
000224228 Exhibit B
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EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the 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 by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor's Duty of Indemnification.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability ("CGL"): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products, 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.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
Contractor shall also provide the additional coverages checked below and at least as broad as:
4. ❑ Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer to reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. 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 with respect 00022422 s Exhibit C, Page 1 of 3
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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 and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.
2. For any claims related to this Project, the Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to City for review.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. City reserves the right to require 00022422 s Exhibit C, Page 2 of 3
06/28/2022 C8 Page 69 of 104
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 00022422 s Exhibit C, Page 3 of 3
06/28/2022 C8 Page 70 of 104
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code§§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700
NOT APPLICABLE TO THIS CONTRACT
00022422 8 Exhibit D
06/28/2022 C8 Page 71 of 104
EXHIBIT E
SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:
1. ❑ State of California grant conditions, as attached.
2. ❑ Federal grant conditions, as attached.
3. ❑ Other conditions, as attached.
00022422 s Exhibit E
06/28/2022 C8 Page 72 of 104
APPENDIX B: SITE MAPS
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Breezehill Park
1—^— 645 S. Melrose Drive n
CITY OF VISTA
One(1) men's
One(1)Women's 1 inch = 50 feet
Print Date: 0 15 30 60
May 3, 2022 1 1 1 ' 1 1 1
ft
Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed.This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. 06 28 2022 8 Page 73 of 104
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Brengle Bocce Ball
1200 Vale Terrace Dr. N
CITY OF VISTA
Two(2) unisex �wv
1 inch = 50 feet
Print Date: 0 15 10 60
May 3, 2022 1 . ' .
ft
Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed.This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. 06 28 2022 8 Page 74 of 104
h t _
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Brengle Terrace Cul-d-sac & Rec Center
1200 Vale Terrace Dr. N
CITY OF VISTA
Two(2) unisex �wv
One(1) Men's 1 inch = 100 feet
Print Date: One(1) 0 30 60 120 May 3, 2022 Women's II I I III
ft
Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed.This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. 06 28 2022 8 Page 75 of 104
IA 05
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Brengle Terrace Pavilion
1200 Vale Terrace Dr. N
CITY OF VISTA
One(1) Men's �wv
One(1)Women's 1 inch = 50 feet
Print Date: 0 15 30 60
May 3, 2022 1 { { ' { { {
ft
Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed.This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. 06 28 2022 8 Page 76 of 104
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Bub Williamson Park
530 Grapevine Rd. N
CITY OF VISTA
One(1) Men's �wv
One(1)Women's 1 inch = 50 feet
Print Date: 0 15 30 60
May 3, 2022 1r r r ' r r r 'r r ' r r r ft
Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed.This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. 06 28 2022 8 Page 77 of 104
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44 Buena Vista Ball Fields
1851 S. Melrose Dr. N
CITY OF VISTA
One(1) Men's �wv
One(1)Women's 1 inch = 100 feet
Print Date: 0 30 60 120
May 3, 2022 1 1 1 ' 1 1 1
ft
Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed.This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. 06 28 2022 8 Page 78 of 104
2066
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Buena Vista Park (Duck Pond)
1601 Shadowridge Dr. N
CITY OF VISTA
Two(2) Unisex �wv
1 inch = 100 feet
Print Date: 0 30 60 120
May 3, 2022 1 ' ' 1 ' ' ' 1
ft
Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed.This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. 06 TOM022 C8 Page 79 0 104
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Luz Duran Park
340 E. Townsite Dr. N
CITY OF VISTA
One(1) Men's �wv
One(1)Women's 1 inch = 50 feet
Print Date: 0 15 30 60
May 3, 2022 1 1 1 ' 1 1 1
ft
Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed.This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. 06 28 2022 8 Page 80 of 104
71 2230 �
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17 Shadowridge Park
2101 Lupine Hills Dr. N
CITY OF VISTA
One(1) Men's �wv
One(1)Women's 1 inch = 50 feet
Print Date: 0 15 30 60
May 3, 2022 1 1 1 ' 1 1 1
ft
Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed.This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. 06 TOM022 C8 Page 81 0 104
i
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Skate Park
400 N. Santa Fe n
CITY OF VISTA
Two(2) Unisex
1 inch = 50 feet
Print Date: 0 15 30 60
May 3, 2022 1 1 1 1 ' 1 1 1
ft
Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed.This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. 06 28 2022 8 Page 82 of 104
t
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Thibodo Park
1150 Lupine Hills Dr. N
CITY OF VISTA
One(1) Men's �wv
One(1)Women's 1 inch = 50 feet
Print Date: 0 15 30 60
May 3, 2022 f 1 1 f 1 1 1 f
ft
Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed.This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. 06 TOM022 C8 Page 83 of 104
137 �� 141 65y8/ 667
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C0 `• � 640
os 11 0 10 zoz 205
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20?r ,
1}
Wildwood Park
651 E. Vista Way N
CITY OF VISTA
One(1) Men's �wv
One(1)Women's 1 inch = 100 feet
Print Date: 0 30 60 120
May 3, 2022 1 1 1 ' 1 1 1
ft
Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed.This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. 06 TOM022 C8 Page 84 of 104
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1600 Sports Park Way N
CITY OF VISTA
One(1) Men's �wv
One(1)Women's 1 inch = 100 feet
Print Date: One(1) 0 30 60 120 May 3, 2022 Unisex I I I I I I I I ft
Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed.This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. 06 28 2022 8 Page 85 of 104
EXHIBIT B
CONTRACTOR'S PROPOSAL
00108101 1 Exhibit B
06/28/2022 C8 Page 86 of 104
BID PROPOSAL
From: PREMIER PROPERTY PRESERVATION, LLC Bidder, Fo r:
PARK RESTROOM JANITORIAL SERVICES
as specifically set forth in documents entitled
PARK RESTROOM JANITORIAL SERVICES
The undersigned hereby proposes and agrees that if his bid as submitted in the attached BID SCHEDULE be accepted, he will contract in the form so approved to perform all work for which a Contract may be awarded him, to furnish any and all plant, labor,services, materials,tools,equipment, supplies,transportation, utilities and all other items and facilities necessary therefore as provided in the Contract Documents, and to do everything required therein for the proposed Project as specifically set forth in said Contract Documents, together with appurtenances thereto, all as set forth on the Drawings and in the Project Specifications and other Contract Documents; and he further proposes and agrees to complete all the Work called for by the Drawings, Project Specifications, and other Contract Documents in strict conformity therewith within the time limits set forth therein; and that he will accept as full payment therefore the prices set forth in the BID SCHEDULE forming a part t hereof.
It is understood and agreed that:
1. The undersigned has carefully examined all Bid documents and other Documents which will form the Contract, including all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents.
2. The undersigned has, by investigating the site of work, by reviewing and analyzing the Project Specifications, and by otherwise familiarizing himself with the Project, has satisfied himself as to the nature and location of the Work and has fully informed himself as to all conditions and matters which can in any way affect the Work or the costthereof.
3. The undersigned fully understands the scope of the Work and has included in the various related items of Work the cost of all work not listed as a separate item so that the Bid for the Project reflects the total cost for completing the Work in its entirety, has checked carefully all words and figures inserted in this Bid, and he further agrees that the Agency shall in no way be responsible for any errors or omissions in the preparation of this proposal.
4. The undersigned will execute the Contract and furnish the required proof of insurance coverage within the stipulated time after the mailing of a notice to him of acceptance of his bid by the Agency; and further, that this bid may not be withdrawn for a period of ninety(90) calendar days after the date set for the opening thereof unless otherwise required bylaw.
5. The undersigned hereby certifies that this proposal is genuine and not sham or collusive or made in the interest or in behalf of any person not herein named, and the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person,firm or corporation to refrain from bidding,and the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder.
06/28/2022 C8 Page 87 of 104
6. In conformance with current statutory requirements of Section 1860, et. seq., of the Labor Code of the
State of California, the undersigned confirms the following as his certification:
"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."
7. Receipt of Addenda NoNone through is hereby acknowledged. (If none, write "NONE").
8. In compliance with the Notice Inviting Bids and all the provisions hereinbefore stipulated, the undersigned, with full cognizance thereof, hereby proposes to perform the entire work for the prices set forth in the attached BID SCHEDULE upon which award of the Contract is made. (Continued on next page)
DATE: June 7 . 20 22 BIDDER'S NAME PREMIER PROPERTY PRESERVATION, LLC BY
Signature
ANGELO VARSOBIA
Printed Name
CEO
TITLE
BY N/A
Signature
N/A
Printed Name
N/A
TITLE
(CORPORATE SEAL) BIDDER'S MAILING ADDRESS:
Name and address of all members 7449 Studio Road, West Hills, CA 91304 of the firm or names of all officers
of the corporation.
CORPORATION ORGANIZED UNDER THE LAWS OF THE
N/A STATE OF
N/A
EXPIRATION DATE N/A
06/28� %VURANCE COMPANY: Page 88 Of 104
Rockingham Casualty Company State Compensation Insurance Fund Trisura Specialty Insurance Company INFINITY SELECT INSURANCE COMPANY The Hartford
certify(or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct:
June 7, 2022
Date CONTRACTOR'S SIGNAf URE
06/28/2022 C8 Page 89 of 104
BID SCHEDULE
Pursuant to and in compliance with the Notice Inviting Bids and other Contract Documents relating to the proposal for
PARK RESTROOM JANITORIAL SERVICES
as specifically set forth in documents entitled
PARK RESTROOM JANITORIAL SERVICES
all in accordance with the Project Specifications on file at the City of Vista Public Works Department, the undersigned bidder, having familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the Work at the place the Work is to be done; and with the Project Specifications and other Contract Documents, hereby stipulated;the Contractor agrees to complete the Contract, including all of its component parts and everything required to be performed, and to provide and furnish any and all labor, materials, tools, equipment, expendable supplies and all utility and transportation services necessary to perform the Contract, and complete in a workmanlike manner all of the Work required in connection with the Contract, all in strict conformance with the Project Specifications.
Notes:
1] Unit Prices shall be entered to two (2) decimal places only 06/28/2022 C8 Page 90 of 104
BID SCHEDULE
PROJECT NAME: PARK RESTROOM JANITORIAL SERVICES
NAME OF BIDDER- PREMIER PROPERTY PRESERVATION, LLC
PROPOSED COST OF SERVICES Restrooms (refer to Exhibit A) Recommended
Description Minimum Time Monthly Rate Monthly Rate (Bid for daily alternate)
cleaning
Breeze Hill Park (645 S. Melrose Dr.) 30 minutes $ 320.25 _ $ 320.25 _ Brengle Terrace Park (1200 Vale Terrace
Drive ) 2 hours $ 1,281.00 - $1,281.00
Bub Williamson Park (530 Grape Vine
Road) 30 minutes $ 320.25 _ $ 320.25 _ Buena Vista Ballfields (1851 S. Melrose
Drive) 30 minutes $ 320.25 - $ 320.25 - Buena Vista Park- Duck Pond (1601
Shadowridge Dr.) 30 minutes $ 320.25 - $ 320.25 - Luz Duran Park 340 E. Townsite Drive 30 minutes $ 320.25 _ $ 320.25 Shadowridge Park (2101 Lupine Hills
Drive) 30 minutes $ 320.25 - $ 320.25 - Skate Park (400 N. Santa Fe Avenue) 30 minutes $ 320.25 _ $ 320.25 _ Thibodo Park 0150 Lupine Hills Drive) ,_ 30 minutes $ 320.25 - $ 320.25 Wildwood Park (651 E. Vista Way) 30 minutes $ 320.25 - $ 320.25 - Vista Sports Park (1600 Sports Park
Way) 1 hour $ 640.50 - $640.50 - *Total Rate $ 4,803.75 _
*Total Rate Bid Alternate) $ 4,803.75 -
06/28/2022 C8 Page 91 of 104
Description Hours Hourly Rate Total Extension *Extra Work 150 $ 22 $ 3,300.00
*Inclusive of all tasks and scope included in Exhibit A LOW BID IS DETERMINED BY THE FOLLOWING VALUE:
Total Monthly Rate + Total Monthly Rate(Bid alternate) + Extra Work= $ $12,907.50 06/28/2022 C8 Page 92 of 104
CONTRACTOR'S LICENSING STATEMENT
The undersigned is licensed in accordance with the laws of the State of California providingforthe registration of Contractors.
Contractor's License Number: 0002985515-0001-1
Contractor's License Class: L049
Expiration Date: ACTIVE
(As described in the INSTRUCTIONS FOR SIGNING BIDS AND CONTRACTS,complete and sign the appropriate section for your company)
Name of Individual Contractor(Print or type): ANGELD VARSOBIA- CEO Signature of Contractor:
/L I
r
Business Address: 7449 Studio Road, West Hills, CA 91304 or
Name of Partnership or Joint Venture Firm: N/A
Business Address: N/A
Signature, printed name,title and address of members signing on behalf of the partnership:
Signature: N/A Naine: N/A Title: N/A Address: N/A
Signature: N/A Name: N/A _Title: N/A
Address: N/A
or
Name of Corporation: N/A
Business Address: N/A
Corporation organized under the laws of the State of N/A N/A N/A
Signature of Officer of Corporation Printed Name and Title N/A N/A
Signature of Officer of Corporation Printed Name and Title 06/28/2022 C8 Page 93 of 104
PROJECT REFERENCES
The Bidder shall provide evidence that the Bidder has had the prior experience to properly perform in accordance with the terms of these Project Specifications.
List ALL contracts with public agencies entered within the past five (5) years of the most recent projects for which the Bidder has completed work of similar size and complexity to this project as the General (or Prime) Contractor, and the names and phone numbers of the contracting public agencies. Make copies of this page for listing additional projects.
Project Public Agency Name, Project Name and Description of No. Date Completed Contact Person&Phone Work Contract Amount 1' 2021 DMV(Department Daily Janitorial services with $120,000.00 of Motor&Vehicles)- carpet and floor maintenance
Laguna Hills
Carol Baker
949-427-4806
2. 2021 DMV(Department Daily Janitorial services with $115,200.00 of Motor&Vehicles)- carpet and floor maintenance
Glendale
Shanna Kloberdanz
916-657-8561
3. 2022 DMV(Department Daily Janitorial services with $92,307.00 of Motor&Vehicles)- carpet and floor maintenance
Simi Valley
Gina Barsotti
916-657-8697
4. 2021 DMV(Department Daily Janitorial services with $44,597.00 of Motor&Vehicles)- carpet and floor maintenance
Fullerton
Jose Gazmen
714-680-7952
5. 6.
7. Note: Attached pre-printed list to this page to list additional projects. 06/28/2022 C8 Page 94 of 104
NON-COLLUSION DECLARATION
PARK RESTROOM JANITORIAL SERVICES
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am theCEO of Premier Property Preservation, LLC • the party making the foregoing bid. (Title) (Company Name)
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation.The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid.The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true.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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof,to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership,joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute,this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California thatthe foregoing is true and correct and that this declaration is executed on
June 7, 2022 at West Hills CA
(Date) (City) (State)
J�
Signature 1
ANGELO VARSOBIA
Printed Name
CEO
Title
06/28/2022 C8 Page 95 of 104
CONTRACTOR'S CERTIFICATE
PARK RESTROOM JANITORIAL SERVICES
CONTRACTOR'S CERTIFICATE PURSUANT TO
SECTION 18610F THE LABOR CODE
I am aware of the provisions of Section 3700 of the Labor Code that requires every employer to be insured against liability for Worker's 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.
PREMIER PROPERTY PRESERVATION, LLC
Name of Contractor
� f ,
By: _
Signature
ANGELO VARSOBIA
Printed Name
CEO
Title
June 7, 2022
Date
By. N/A
Signature
N/A
Printed Name
N/A
Title
N/A
Date
000804461
06/28/2022 C8 Page 96 of 104
2117/22,8:13 AM Supplier Profile
Printed on:2/17/2022 8:13:32 AM
To verify most current certification status go to: https://www.cateprocure.ca.gov G S
6ENERAI SERVICES
office of Small Business& DVBE Services
Certification ID:2008963 EmailAddress:
Legal Business Name: [email protected]
PREMIER PROPERTY PRESERVATION LLC Business Web Page:
Doing Business As(DBA)Name 1: www.pppreserves.com PREMIER PROPERTY PRESERVATION Business Phone Number:
Doing Business As(DBA)Name 2: 818.796.6033
Business Fax Number:
Address: 818.796.6033
9558 Swinton Avenue Business Types:
North Hills Service
CA 91343
Certification Type Status From To
SB(Micro) Approved 02/16/2022 02/29/2024 Stay informed!KEEP YOUR CERTIFICATION PROFILE UPDATED!
-LOG IN at Ca le?rocu re.F�&GDV
Questions?
Email:OSO SH E LP@ DGS.CA.-G
Call OSDS Main Number:916-375-4940
707 3rd Street,1-400,West Sacramento,CA 95605
06/28/2022 C8 Page 97 of 104
https://caleprocure.ca.gov/pages/SupplierProfile/supplier-profile-pdnt.html 1/1
CIS Y D1'LOS r NGELES
'�I� OFFICE OF F+NANGE
P_O.BOX 53200
LOS ANGELES CA 90053-0200
9SSB SWINTON AVENUE
NORTH HILLS,CA 91343-1926
II�I��I�I�'11'I�iI1�L���lilll�I�'1��'�Illll�lll��l�lfll�llnl�l'I PREMIER PROPERTY PRESERR AADGVATION LLC 567I
9-%8 SWINTON AVE
NORTH HILLS CA 91343-1926
T..CERTIFICATE MUST BE PGbZIDAT PLACE OFBLL41NE55
c CIS LOS A NGELES T►4X Rl�Gl A►4�P�1� �EFtTl�1C- E -f--
TFUS CERTIFICATE IS GOOD UNTIL SUSPENDED OR CANCELLED
r. BUSINESS TAX IssuEOr V3&2.320
RGCaUNT NO. FLINDICLASS DESCR+PifON
I 0002985515-0001-1 LD49 AO STATUS
!''rr PROFESSIONS/OCCUPATIONS 4/4/2ACTIVE
ACTIVE
19 PREMIER PROPERTY PRESERVATION LLC -
9556 SWINTON AVE f
NORTH HILLS CA 91343.1926 ISSUED FOR TAX COMAPLtaN CE PURPOSES pN LY NOT A LIMSE•PERW.flR LAND LISE AUTHORaATION
s
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0 9.55E SWINTON AVENUE _
NOFtTH HILLS,CA 91343.192E
I 'No f 4.i ImM 4+tl11 J F'•� ISSUED 9Y:
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06/28/2022 C8 Page 98 of 104
Pt o Registration Number:
H
State ofCalifornia * JS-LR-000019295
Department of Industrial Relations +
Division of Labor Standards Enforcement ;
Licensing&Registration Unit
1515 Clay Street,Ste. 1902 ' -
Oakland,CA 94612 h
�LiFapH�
Janitorial Services Registration
REGISTRANT WITH EMPLOYEES
Effective Date Expiration Date
10/28/2021 10/28/2022
PREMIER PROPERTY PRESERVATION,LLC Workers Camper)sat ion Insurance Ex iration Date:
9558 Swinton Avenue December 22,2021
North Hills,CA 91343
Having paid to the Labor Commissioner of the State of California the required Registration Fee is hereby granted a registration to conduct the business of Janitorial Services in the State of California at the location(s) listed above and effective for the period designated above in conformity with the provisions of Chapter 4, Part 4.2, Division 2 of the Labor Code and the rules and regulations issued thereunder by the Labor Commissioner_
THIS REGISTRATION IS NOT TRANSFERABLE AND IS VALID ONLY AT THE REGISTERED OPERATING LOCATION
INDICATEDABOVE
POST IN A CONSPICUOUS PLACE
ALTERATIONS WILL VOID THIS REGISTRATION
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EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the 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 by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor's Duty of Indemnification.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability ("CGL"): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products, 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.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
Contractor shall also provide the additional coverages checked below and at least as broad as:
4. ❑ Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer to reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. 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 with respect 00108101 1 Exhibit C, Page 1 of 3
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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 and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.
2. For any claims related to this Project, the Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to City for review.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. City reserves the right to require 00108101 1 Exhibit C, Page 2 of 3
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complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 00108101 1 Exhibit C, Page 3 of 3
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AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code§§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700
NOT APPLICABLE TO THIS CONTRACT
00108101 1 Exhibit D
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EXHIBIT E
SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:
1. ❑ State of California grant conditions, as attached.
2. ❑ Federal grant conditions, as attached.
3. ❑ Other conditions, as attached.
00108101 1 Exhibit E
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