CITY OF DEL MAR

CITYWIDE JANITORIAL SERVICES

REQUEST FOR PROPOSALS

2019 - 05

PUBLIC WORKS DEPARTMENT

August 2019

TABLE OF CONTENTS

CONTENTS

SECTION I ............................................................................................................................................................... 3

REQUEST FOR PROPOSALS ......................................................................................................................................... 3

SECTION II .............................................................................................................................................................. 4

PROPOSING CONTRACTOR INFORMATION ................................................................................................................ 4

SECTION III ........................................................................................................................................................... 16

CONTRACTOR RESPONSIBILITIES ............................................................................................................................. 16

SECTION IV ........................................................................................................................................................... 19

REFERENCE EXHIBIT A “SCOPE OF WORK” ........................................................................................................... 19

EXHIBIT C ............................................................................................................................................................. 20

FEE SCHEDULE ...................................................................................................................................................... 20

SECTION V ............................................................................................................................................................ 23

PROPOSAL FORMS ................................................................................................................................................... 23 STATEMENT OF FINANCIAL RESPONSIBILITY, TECHNICAL ABILITY, AND EXPERIENCE .............................................. 24 INFORMATION REQUIRED OF PROPOSING CONTRACTOR ....................................................................................... 26 LETTER OF CREDIT SECURING BID ............................................................................................................................ 29 NON-COLLUSION AFFIDAVIT .................................................................................................................................... 31

SECTION VI ........................................................................................................................................................... 32

PROFESSIONAL SERVICES AGREEMENT ................................................................................................................... 32

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SECTION I REQUEST FOR PROPOSALS

RFP NO. 2019-05

CITYWIDE JANITORIAL SERVICES

Notice is hereby given that the City of Del Mar, California will accept sealed proposals at the City of Del Mar Public Works Department, 2240 Jimmy Durante Boulevard, Del Mar, CA 92014 until 4:00 p.m. 9/19/2019,. Proposals shall be submitted in plain, sealed envelopes, marked on the outside with the project title:

CITY OF DEL MAR CITYWIDE JANITORIAL SERVICES

RFP 2019-05

No proposal will be accepted unless it is made on a proposal form furnished by the City of Del Mar. Proposals will be evaluated on the basis of experience and ability to perform Janitorial Services, as well as upon the proposed amounts. The award of the contract, if made, will be made to the proposing contractor who, at the sole discretion of the City Council, is best able to perform the contract in a manner most beneficial to the City of Del Mar.

The RFP document and specifications can be downloaded free of charge through the City’s website, www.delmar.ca.us or available at ebidboard.com. Proposal documents may also be obtained from ebidboard.com.

Please direct questions during the RFP process to Tom Romaine, Facilities Supervisor, at (858) 704-3684 or by email at tromaine@delmar.ca.us

Dated:

Joe Bride, Director of Public Works

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SECTION II PROPOSING CONTRACTOR INFORMATION

1. Request for Proposal Document Wording: Notwithstanding the wording of this

Request for Proposals, the words “bid” and “bidder” shall mean the same as “proposal” and “proposing contractor”, respectively. The word “agreement” shall mean the same as “contract”.

2. Proposing Contractors: Proposing contractors shall consist of those persons or

firms meeting the necessary qualifications to perform the services as specified. 3. Acceptance or Rejection of Proposals: City of Del Mar reserves the right to

reject any or all proposals for any or all items or to waive any irregularities in the proposal or Request for Proposal process. The determination of the City as to what constitutes an irregularity shall be final and conclusive, and no advertised contract shall be awarded except with the approval of the Del Mar City Council.

4. Addenda: If any person contemplating submitting a proposal for the contract is

in doubt as to the true meaning of any part of the drawings, specifications, or other contract documents, or finds discrepancies in or omissions from the drawings or specifications, he/she may submit to the City a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by addendum duly issued by the Director of Public Works, and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No oral interpretation of any provision in the contract documents will be made to any proposing contractor. Receipt of any amendment to the solicitation shall be acknowledged by signing and returning the amendment with the proposal by identifying the amendment number and date in the space provided for this purpose on the proposal form, or by letter. The acknowledgment must be received by the City of Del Mar by the time and at the place specified for receipt of proposals.

5. Correspondence and Additional Information: All correspondence shall be

directed as follows: City of Del Mar Public Works Department CITYWIDE JANITORIAL SERVICES, RFP# 2019-05 2240 Jimmy Durante Boulevard Del Mar, CA 92014

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Questions about the contract portions of the Request for Proposals (RFP) document must be submitted in writing to:

City of Del Mar Public Works Department Alisanne Guido, Administrative Assistant CITYWIDE JANITORIAL SERVICES, RFP# 2019-05 TEL (858) 704-3678

E-mail: aguido@delmar.ca.us

Questions concerning the technical portions of the proposal document should be directed to:

City of Del Mar Public Works Department Tom Romaine, Facilities Supervisor CITYWIDE JANITORIAL SERVICES, RFP# 2019-05 TEL (858) 704-3684 E-mail: tromaine@delmar.ca.us Proposing contractors are cautioned that any statements made by the contact or the technical contact person that materially change any portion of the proposal document shall not be relied upon unless subsequently ratified by a formal written amendment to the bid document. To find out whether the City of Del Mar intends to issue an amendment reflecting a statement made by the contact or technical contact person, contact Tom Romaine, Facilities Supervisor, at (858) 704-3684. No contract or technical questions will be accepted after seven (7) days prior to the date set for proposal opening.

6. Proposal Guarantees

Performance Security - The selected contractor shall furnish two good and sufficient bonds. Each of the said bonds shall be executed in a sum equal to: one hundred percent (100%) of the contract price for the Payment Bond (material and labor) and one hundred percent (100%) of the contract price for the Faithful Performance Bond. One of the said bonds shall secure the payment of claims for material and labor, and the other of the said bonds shall guarantee the faithful performance of the said contract by the Contractor. Bonds shall be furnished by surety companies satisfactory to the City Attorney on forms provided herein.

Pursuant to Public Contract Code Section 22300, provisions for substitution of securities for performance retentions will be allowed.

Bid Security - Each bid/proposal must be accompanied by either cash, certified

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or cashier's check, bidder's bond, or letter of credit made payable to the City of Del Mar for an amount equal to at least ten percent (10%) of the amount bid/proposed, such guaranty to be forfeited should the bidder to whom the contract is awarded fail to enter into the contract. Required qualifications for the surety issuing bid bonds shall be the same as the Surety and Insurance Company Qualifications.

In lieu of bonds required of the bidder, the bidder may provide security in the form of a cash deposit or a letter of credit drawn on an institution located in San Diego County and approved by the City Attorney.

Surety and Insurance Company Qualifications: All bonds and all insurance

shall meet the following standards. The issuing company:

a. Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and

b. Shall have a rating in the latest Best's Rating Guide of "A" or better and Class VIII or better; or be "treasury listed" for the size of risk to be undertaken.

In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation.

7. Proposal Documents: Proposal documents are located within Section IV of this

document. The documents as listed below are intended to be complementary so that any and all work called for in one and not mentioned in another shall be executed as if mentioned in all documents. All proposing contractors shall be responsible for familiarizing themselves with the conditions and requirements of the proposal prior to submitting one.

Section I. Request for Proposals Section II. Proposing Contractor Information Section III. Contractor Responsibilities Section IV. Exhibit A “Scope of Work” Section V. Proposal Forms Section VI. Professional “Services Agreement”

Forms: No proposals will be considered unless submitted on the original forms provided by the City of Del Mar. Proposals must be prepared in ink or typewritten and signed by the proposing contractor. All proposing contractors shall be responsible for familiarizing themselves with the conditions and requirements of the proposals prior to its submittal. All blanks in this proposal shall be filled in.

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Insert "No" or "N/A" [Not Applicable] on those lines where the proposing contractor is not considering. All proposal amounts shall be represented in written words and in figures. Should there be a conflict between the written words and the figures, the written words shall prevail. Prior to proposal deadline, corrections may be inserted; however, changes must be initialed in ink by the person signing the original proposal or by his/her authorized representative. In cases where the total proposal amount does not equal the unit prices multiplied by the quantities indicated, the unit prices shall govern.

Proposals shall specify the name or legal entity of the company and/or fictitious name under which business is conducted. Proposals must be submitted under the correct name of the company and signed by an authorized representative of the firm.

Required Proposal Forms, see Section V: The following must be completed and submitted to the City on

1) Exhibit C Fee Schedule 2) Statement of Financial Responsibility, Technical Ability and Experience 3) Information Required of Proposing Contractor 4) Bid Security Bond or Check or 5) Letter of Credit Securing Bid 6) Non-Collusion Affidavit

8. Collusion Among Proposing Contractors: Each proposing contractor, by submitting a proposal, certifies that he/she is not a party to any collusive action, fraud, or any action that may be in violation of the Sherman Antitrust Act. The proposing contractor certifies that he/she has not offered or received any kickbacks or inducements from any other proposing contractor, supplier, manufacturer, or subcontractor in connection with the bid and that he/she has not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. Any or all proposals shall be rejected if there is any reason for believing the collusion exists among the proposing contractors. City of Del Mar may or may not, at its discretion, accept future proposals for the same work from participants in such collusion.

More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names may be rejected. Reasonable grounds for believing that a proposing contractor has interest in more than one bid for the work being proposed may result in rejection of all proposals in which the proposing contractor is believed to have interest.

Certification of Independent Price Determination: The proposing contractor certifies that the prices submitted in response to the solicitation have been arrived at independently and without any consultation, communication, or agreement with any other proposing contractor or competitor relating to those

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prices, the intention to submit a proposal, or the methods or factors used to calculate the prices proposal.

9. Competitive Solicitation: City of Del Mar will receive proposals from firms having specific experience and qualifications in janitorial maintenance. Evaluation of responses will be based on the following criteria:

a. Experience and history of the firm in the disciplines covered by the solicitation.

b. The character, integrity, reputation, judgment, experience, and efficiency of the proposing contractor and assigned staff members.

c. The quality of performance on previous contracts or services. d. Experience in meeting the needs of other governmental organizations or

any organization that utilizes similar services. e. The ability, capacity, skill, and financial resources to perform the work or

provide the required service promptly or within the time specified, without delay or interference.

f. The degree of completeness of response to the specific requirements of this solicitation.

g. The cost of the services to be provided. h. Other evaluation criteria described or included by reference in the

solicitation. 10. Qualifications of Proposing Contractors: The proposing contractor may be

required before the award of contract to show to the complete satisfaction of the Director of Public Works that it has the necessary equipment, and ability to provide the service(s) specified therein in a satisfactory manner. City may make reasonable investigations deemed necessary and proper to determine the ability of the proposing contractor to perform the work, and the proposing contractor shall furnish to the City all information for this purpose.

11. Examination of Sites and Contract Documents: Each proposing contractor

shall visit the sites of the proposed work and fully acquaint themselves with the conditions relating to the requirements so that they may fully understand the facilities, difficulties, and restrictions attending the execution of the work under the contract. Proposing contractors shall thoroughly examine, be familiar with the specifications, and verify any representations made by the City of Del Mar upon which the bidder will rely. The failure or omission of any proposing contractor to examine any contract document, form, instrument, addendum or other document, or to visit the sites and acquaint themselves with conditions therein existing, shall in no way relieve any proposing contractor from obligations with respect to their bid or to the contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section.

12. Debarment: By submitting a proposal, the proposing contractor certifies that it is

not currently debarred from submitting proposals for contracts issued by any City or political subdivision or agency of the State of California and that it is not an

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agent of a person or entity that is currently debarred from submitting proposals for contracts issued by any City or political subdivision of the State of California.

13. Proposal Withdrawal: A proposing contractor may withdraw a proposal prior to the time set for the submittal of proposals by simply making a request in writing to the City of Del Mar; no explanation is required.

14. Delivery of Proposals: Proposals shall be delivered to the City of Del Mar

Public Works Department, 2240 Jimmy Durante Boulevard, Del Mar, California on or before 4:00 p.m., 9/19/2019. Proposals shall be enclosed in a sealed plain envelope that bears the title of work, CITY OF DEL MAR, CITYWIDE JANITORIAL SERVICES, RFP #2019-05. Any sealed proposal received after the scheduled opening shall be returned to the proposing contractor unopened.

Late Submittals: A proposal received at the place designated in the solicitation for receipt of proposal after the exact time specified for receipt will not be considered unless it is the only proposal received or it is received before award is made and was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of proposals. The City of Del Mar must determine that the late receipt was due solely to mishandling by the City of Del Mar after receipt at the specified address.

The only acceptable evidence to establish the date of mailing of a late proposal is the US Postal Service postmark on the wrapper or on the original receipt from the US Postal Service. If the postmark does not show a legible date, the contents of the envelope or package shall be processed as if mailed late. Proposers should request postal clerks to place a hand cancellation postmark on both the receipt and the envelope or wrapper.

The only acceptable evidence to establish the time of receipt at the office identified for proposal opening is the time and date stamp of that office on the proposal wrapper or other documentary evidence of receipt used by that office.

The proposal packet must contain all the required forms in Section VI, including this Request for Proposal (RFP) packet. For a listing of the required forms, see Item 7 above.

15. Errors in Extension: If the unit price and the extension price are at variance, the

unit price shall prevail.

16. Evidence of Responsibility: Upon request of the City of Del Mar, a proposing contractor whose proposal is under consideration for the award of the contract shall submit promptly to the City satisfactory evidence showing the proposing contractor's financial resources, experience in similar type work, and organizational resources available for performance of the contract.

17. Exceptions: Proposing contractors taking exception to any part or section of the

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solicitation shall indicate such exceptions on the proposal form. Failure to indicate any exception will be interpreted as the proposing contractor’s intent to comply fully with the requirements as written. Conditional or qualified proposals, unless specifically allowed, shall be subject to rejection in whole or in part.

Incorporated into this RFP is a copy of the City of Del Mar’s Standard Services Agreement, see Section V. Please review this document carefully and note in your proposal any exceptions or alterations to the contract that you are requesting. Alterations or changes to the contract that were not included in the proposal will not be made after the selection of the contractor. This includes alterations, exceptions, or changes to the insurance and indemnity provisions. By requiring these requests to be made up front, the City can compare all respondents on an equal basis and take contract exceptions into consideration in the selection process.

18. Expenses Incurred in Preparing Proposals: City of Del Mar accepts no

responsibility for any expense incurred by the proposing contractor in the preparation and presentation of a proposal. Such expenses shall be borne exclusively by the proposing contractor.

19. Return of Bidder’s Guarantees: Within ten (10) days after the award of a

contract, the City will return the proposal guarantees accompanying each of the proposals that are not to be further considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which all proposal guarantees except those forfeited will be returned to the respective bidders whose proposals they accompany.

20. Selection of Contractor and Award of Contract: The contract, if awarded, will

be awarded to the proposing contractor who, in the sole discretion of the City, is determined to be best able to perform the contract in a manner most beneficial to the City of Del Mar. The selection will be based on relevant experience, a pricing schedule that is deemed by the City to be most advantageous, and knowledge of the City’s janitorial requirements. The City reserves the right to interview any and all proposing contractors and has the right and ability to rate contractors based on qualifications presented within the proposal. The award, if made, will be made within forty-five (45) calendar days after the proposal due date.

Proposal Acceptance Period: Any proposal submitted as a result of the solicitation shall be binding on the proposing contractor for sixty (60) calendar days following the proposal opening date. Any proposal for which the proposing contractor specifies a shorter acceptance period may be rejected.

Execution of Contract: The successful proposing contractor will be required to enter into the City’s Standard Agreement for Services, see Section V. Please review this contract document carefully and note in your proposal any exceptions or alterations to the contract that you are requesting. Alterations or changes to the contract that were not included in the proposal will not be made after the

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selection of the contractor. This includes alterations, exceptions, or changes to the insurance and indemnity provisions.

The contract shall be signed and returned, together with the acceptable guarantees, certificates of insurance, and copies of license forms as required within ten (10) days, excluding Sundays and legal holidays, after the Notice of Award of Contract has been mailed. No proposal shall be considered binding upon the City until the execution of the contract.

Failure to execute the contract and file acceptable guarantees, certificates of insurance, and copies of license forms as required within ten (10) calendar days after the Notice of Award of the Contract has been mailed shall be just cause for annulment of the award and forfeiture of the proposal guarantees.

21. Insurance: The City shall be named as an additional insured with the contractor.

Refer to the Insurance Code of the State of California Evidence shall be furnished that the requirements are as follows:

Comprehensive General Liability: $1,000,000 Bodily Injury & Property

Damage combined each occurrence and $2,000,000 aggregate.

Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 aggregate combined single limit;

Workers’ Compensation: Per the statutory amount.

Each policy is to provide primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City.

Upon request by City prior to the time of award of contract, the proposing contractor agrees to promptly provide City with letters from insurance companies meeting the requirements of the contract documents verifying that they are prepared to issue insurance to the proposing contractor meeting all requirements of the contract documents. The failure of the proposing contractor to provide City with this proof of insurance prior to the time of award shall entitle City to reject the proposing contractor’s proposal and to award the contract to an alternate proposer at the sole discretion of City.

The failure of the proposing contractor to provide City with insurance meeting all requirements of the contract documents within 15 calendar days after the award of contract shall constitute a material breach of the contract, entitling City to terminate the contract.

22. Contract: The specifications (general and technical), the selected proposal,

supporting data, and addenda shall become a part of the executed contract. The

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City has no obligation to accept any omissions or exceptions. 23. Length of Contract: The length of this contract shall be Three years. The

contract may be extended for an additional two-year period, upon written agreement of both parties no less than thirty-days (30) prior to contract’s end. The start date may vary depending upon the date of City Council’s approval of the new contractor.

24. Antitrust: By entering into a contract, the selected contractor conveys, sells,

assigns, and transfers to the City of Del Mar all rights, titles, and interest it may now have or hereafter acquire under the antitrust laws of the United States and the State of California that relate to the particular goods or services purchased or acquired by the City of Del Mar under said contract.

25. Applicable Law: The contract shall be governed in all respects by the laws of

the State of California, and any litigation with respect thereto shall be brought in the courts of the State of California. The contractor shall comply with applicable federal, state, and local laws and regulations.

26. Assignment: The selected contractor shall not assign, transfer, convey, sublet,

or otherwise dispose of any award or any or all of its rights, title, or interest therein, without the prior written consent of the City of Del Mar, Director of Public Works.

27. Certificates and Licenses: The selected contractor shall provide notarized

copies of all valid licenses and certificates required for performance of the work. The notarized copies shall be delivered to the City of Del Mar no later than ten (10) days after the contractor receives the notice of award from the City of Del Mar. Current notarized copies of licenses and certificates shall be provided to the City of Del Mar within twenty-four (24) hours of demand at any time during the contract term. Licenses and certificates required for this contract include, but are not limited to:

1) A business license or certificate valid in the City of Del Mar, or 2) A business license or certificate valid in the city where the local office is

maintained, and 3) Valid California drivers’ licenses for contractor personnel.

28. Wage Rate: Pursuant to the Labor Code of the State of California, or local laws

applicable thereto, the City has ascertained that the contractor shall be responsible for paying at least minimum wage as established by the State of California, Director of Industrial Relations. Prevailing wages are not a part of the contract. Under Section 1776 of the State Labor Code, the selected contractor, and all subcontractors, is required to keep accurate payroll records. This Section specifies the content thereof, inspection and duplication procedures, and certain notices required of the contractor pertaining to their location.

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29. Change in the Scope of Work: The City of Del Mar may order changes in the

work consisting of additions, deletions, or other revisions within the general scope of the contract. No claims may be made by the selected contractor that the scope of the project or of the contractor’s services has been changed, requiring changes to the amount of compensation to the contractor or other adjustments to the contract, unless such changes or adjustments have been made by written agreement to the contract signed by the City of Del Mar and the selected contractor.

If the selected contractor believes that any particular work is not within the scope of the project, is a material change, or will otherwise require more compensation to the contractor, the selected contractor must immediately notify the City of Del Mar, Director of Public Works, in writing of this belief. If the Director believes that the particular work is within the scope of the contract as written, the selected contractor will be ordered to and shall continue with the work as changed and at the cost stated for the work within the scope.

30. Extra Work: All extra work is to be approved by the City representative before

the work is performed. In no event will extra work be paid for without proper authorization. Extra work authorizations must be signed daily by an authorized representative of the City; otherwise the extra work authorization will not be processed.

31. Failure to Deliver: In the event of failure of the selected contractor to deliver

services in accordance with the contract terms and conditions, the City of Del Mar, after due oral or written notice, may procure the services from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy may be in addition to any other remedies that the City of Del Mar may have.

32. Failure to Enforce: Failure by the City of Del Mar at any time to enforce the

provisions of the contract shall not be construed as a waiver of any such provision. Such failure to enforce shall not affect the validity of the contract or any part thereof or the right of the City of Del Mar to enforce any provision at any time in accordance with its terms.

33. Force Majeure Clause: The parties to the contract shall be excused from

performance during the time and to the extent that they are prevented from obtaining, delivering or performing by act of God, fire, strike, loss, shortage of public transportation facilities, walkout or commandeering of materials, products, plants, or facilities by the government provided that the nonperformance is not due to the fault of neglect of the contractor/supplier. In such cases, however, satisfactory evidence thereof must be presented.

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34. Indemnification: The selected contractor shall act as an independent contractor, and will not be an agent or employee of the City. Contractor shall not represent or otherwise hold out itself or any of its subcontractors, sub-subcontractors, directors, officers, partners, employees, or agents to be an agent or employee of the City. Contractor shall indemnify and otherwise hold harmless the City, and its officials, officers, directors, employees, agents, other representatives, from all liability, loss, or damage (including reasonable attorney's fees or other costs of defense) resulting from damage or injury to persons or property caused, or claimed to have been caused, by acts or omissions of the contractor or any of its subcontractors, sub-subcontractors, directors, officers, partners, employees, or agents in the course of or in connection with the contractor's performance under the contract. The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage.

35. Oral Statements: No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in this contract. All modifications to the contract must be made in writing by the City of Del Mar.

36. Payment Terms: Unless otherwise indicated in the bid form, payment terms will

be net thirty (30) days. The City of Del Mar will pay the contractor within thirty days (30) after the receipt of a correct invoice for reasonable work allocable to the contractor or after the date of acceptance of work that meets contract requirements, whichever event occurs later.

37. Right of Setoff: Whenever, under the contract, any sum of money shall be

recoverable from or payable by the selected contractor to the City of Del Mar, the same amount may be deducted from any sum due to the contractor under the contract or under any other contract between the contractor and the City of Del Mar. The rights of the City are in addition and without prejudice to any other right the City may have to claim the amount of any loss or damage suffered by the City on account of acts or omissions of the contractor.

38. Suspension or Termination Without Cause: The City may at any time, for any

reason, with or without cause, suspend or terminate this agreement, or any portion hereof, by serving upon the selected contractor at least ten (10) working days prior written notice with cause or sixty (60) days without cause. If the City suspends or terminates a portion of this agreement, such suspension or termination shall not make void or invalidate the remainder of this agreement.

In the event this agreement is terminated pursuant to this section, the City shall pay the contractor for services rendered up to the time of termination. Upon termination of the agreement pursuant to this section, the contractor shall submit the final invoice to the City within ten (10) working days of the last date of work performed.

39. Contract Renewal: The contract can only be extended upon mutual written

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agreement given no more than ninety-days (90) and not less than thirty-days (30) prior to contract’s end.

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SECTION III

CONTRACTOR RESPONSIBILITIES

1. Duties of Contractor: During the term of this agreement, the selected contractor shall perform all work as described in the technical specifications and the following:

The selected contractor shall be responsible for: a. Ensuring that all contractor employees are properly trained at no cost to the

employees, prior to start of contract and each year thereafter, at such time as new hazards are introduced on the job, or when new employees are added to the roster.

b. Ensuring that contractor employees have successfully passed a drug screening and criminal background check prior to start of work under this contract.

c. Providing uniforms including brightly colored traffic vests or reflectors to personnel when interacting with vehicular traffic and the washing (and decontamination as necessary) of uniforms.

d. Developing personnel policies. e. Providing inspection procedures and periodic inspection of facilities. f. Conforming to all applicable Cal-OSHA, DOT, and EPA regulations, including

Cal-OSHA’s Hazard Communications Standard. g. Conforming to all other applicable Federal, State, and Local regulations. h. Maintaining Material Safety Data Sheets (MSDS) at facilities for contractor

and City employee reference. i. Maintaining a chemical inventory list.

2. Contractor Personnel: The City of Del Mar shall, throughout the life of the

contract, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the selected contractor. If the City of Del Mar reasonably rejects staff or subcontractors, the selected contractor must provide replacement staff or subcontractors satisfactory to the City of Del Mar. The day-to-day supervision and control of the selected contractor’s employees and subcontractors is the sole responsibility of the selected contractor.

3. Equal Employment Opportunity: The selected contractor shall not discriminate

against any employee or applicant for employment because of race, creed, color, or national origin. Contractor shall take affirmative action to ensure that all employees and applicants for employment shall be treated with equality in all aspects of employment processes including, but not limited to: hiring, transfer, promotion, training, compensation and termination; regardless of their race, creed, color, sex, national origin, age, or physical handicap.

4. Contractor Availability: At all times during the term of this contract, the

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contractor shall have a competent representative available during working hours to discuss matters pertaining to the contract and who can make authoritative decisions.

At all times during the term of this contract, the contractor shall provide 24 hour

responsive service. The contractor shall provide the City with a 24/7 (twenty-four-hours-per-day, seven-days-per-week) emergency pager or phone number. An answering service is not acceptable, except when forwarding oral complaints (which shall be followed by written notice). After an emergency call is made by a City representative requesting the contractor to perform emergency services, the contractor shall have a qualified technician on site within two (2) hours to provide janitorial services.

5. Method of Performing Work:

a. Methods of Operation: The contractor shall be responsible for the safety, adequacy, and efficiency of the contractor’s personnel, equipment and methods. The approval of the City of any plan or method of work proposed by contractor shall not relieve the contractor of any responsibility thereof, and such approval shall not be considered an assumption by the City of any kind of liability, and the contractor shall have no claim under this contract on account of failure or inefficiency of any plan or method so approved. Such approval shall be considered and shall mean the City has no objection to the contractor’s use or adoption at the contractor’s own risk and responsibility, of the plan or method so proposed by the contractor.

b. Scheduling of Operations: Contractor shall perform this work at such time

as to minimize disturbance or interference to City employees. c. Reports and Schedules: Contractor may be requested by the City to

submit reports and schedules as necessary.

d. Safety: All work performed under this Contract shall be performed in such a manner as to provide maximum safety to the public and comply with all safety standards required by CAL-OSHA. The City reserves the right to issue restraint or cease and desist orders to the contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract.

6. Cooperation and Coordination with other Contractors: The contractor shall

cooperate with all other contractors who may be performing work on behalf of the City and workers who may be employed by the City on any work in the vicinity of the work to be done under this contract. The contractor’s operation shall interfere to the least possible extent with the work of such contractors or workers.

Any difference or conflict that may arise between the contactor and other

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contractors, or between the contractor and City workers, with respect to execution of their work, shall be adjusted and determined by the City. If the work of the contractor is delayed because of any acts or omissions of any other contractor or contractors, the contractor shall have no claim against the City on that account other than for an extension of time.

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SECTION IV

REFERENCE EXHIBIT A “SCOPE OF WORK”

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PROPOSAL COST SCHEDULES Note: Total proposal prices include service costs for entire fiscal year.

EXHIBIT C FEE SCHEDULE

CONTRACTOR agrees to purchase and provide all labor and equipment necessary to perform custodial services for the following facilities in accordance with the provisions and specifications listed in this RFP. All liners, paper products, chemicals and hand soaps will be provided to the contractor by the City. Cost for Base Line Cleaning (One-time charge), Monthly Service Charge and Annual Service Charge should include profit/overhead, transportation expenses and fuel surcharges in your estimates.

Base Line Cleaning Services Labor Pricing: Fill in blanks.

Activity Per Hour Cost

Labor, Hourly Rate During Regular Working Hours (M-F 8am-5pm)

Labor, Hourly Rate After Regular Working Hours

BASE BID SERVICES INCLUDE TABLES 1 THROUGH 3

TABLE 1

Location Monthly Service Charge

1. Public Works Facility – 2240 Jimmy Durante Blvd.

2. 17th Street Public Restrooms – 1700 Coast Blvd.

3. Powerhouse Restrooms – 1648 Coast Blvd.

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ADDITIONAL BID ADDITIVES (AS NEEDED LABOR SERVICES):

Additional Window Cleaning Cost per Sq. Ft. $

Additional Carpet Shampooing Cost per Sq. Ft. $

Additional/Event Cleanup Services (regular working hours)

Cost per Hour $

Additional/Event Cleanup Services (call-backs for after-hours)

Cost per Hour $

Weekends and Holidays with one (1) hour response time)

Cost per Hour $

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(This page follows proposal cost schedules)

Notice of acceptance or requests for additional information should be addressed to proposing contractor at the address stated below. (Please Print):

Authorized Agent or Officer:

Title:

Address:

Telephone No. Fax No. E-mail

Business License No. Issuing City/County:

Expiration Date: Proposing Contractor's Signature:________________________ Date: _____________

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SECTION V PROPOSAL FORMS

To the City of Del Mar, acting by and through its City Council, herein called the "City" for CITYWIDE JANITORIAL SERVICES to be provided to said City: Pursuant to and in compliance with the Request for Proposals (RFP) and in accordance with the Specifications contained herein, the undersigned proposing contractor, having become familiarized with the terms of the contract, plans, specifications, and addenda, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, all in strict conformity with the plans and specifications and other contract documents, including all addenda for the sums set for the sites listed herein; It is understood and agreed that the contract amount includes all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies between numbers of the bid amount and the words stating the amount, the words shall govern over numbers: IN COMPLIANCE with the Notice, Specifications, and special provisions hereinbefore stipulated, the undersigned, with full comprehension thereof, hereby proposes to perform the entire work for the prices set forth below upon which award of Contract is made; Work not identified in the contract will be billed on a time and materials basis using the same standard hourly rate (which shall include labor, vehicle use, tools and equipment, overhead and profit). For the purpose of proposal evaluation, proposing contractors shall enter on the proposal schedule the standard hourly rates as requested.

The successful contractor must include all parts and labor in the Monthly Service Contract Costs.

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STATEMENT OF FINANCIAL RESPONSIBILITY,

TECHNICAL ABILITY, AND EXPERIENCE

Janitorial Services Qualification Form

Company Information: Please provide the following information:

1. Legal Name:

2. Legal Address:

3. Year Company was Incorporated:

4. Company Main Phone Number:

5. Fax Number:

6. E-Mail Address:

7. Web Site:

8. Owner and Title:

9. Operations Manager:

10. Attach Company Organizational Chart:

Business Status: check more than one if Applicable: Incorporated: Sole Owner:

Partnership: M/WBE:

Traded: Others:

Sales Information:

1. Company total dollar sales fiscal year 2018 $_____________

2. Has your company ever filed for bankruptcy? Yes: No:

If yes explain in detail the reason why, filing date and current status:

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Management Information: (Provide attachments if spaces provided is insufficient) 1. Enclose the resume of your proposed superintendent and other key personnel.

2. Total number of employees in San Diego?

3. Describe your company quality assurance program and provide resume of your proposed quality assurance agent.

4.

Describe in detail what training you currently have in-house or under contract for your employees

5. Describe in detail your safety program (Attach any supporting documentation)

6. Has your company ever been terminated on a contract for unsatisfactory

Performance?

Yes: No: If yes, describe in detail:

7. Does your company have 24 hours emergency services? Yes No:

8. Provide your financial reference with contact and phone number

Experience: 1. Is your company presently providing Janitorial services

for any major accounts similar to the scope of this RFP?

Yes No

2.

Is your company presently providing Janitorial services for any major San Diego accounts similar to scope of this RFP?

Yes No

I certify that all the above information is correct to the best of my knowledge: Signed Date:

Authorized Agent or Officer

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INFORMATION REQUIRED OF PROPOSING CONTRACTOR

The following information is required to be supplied by the proposer. Additional sheets may be attached if necessary.

Reference Name/Address/Phone

Contract Amount

Type of Business (Government, Private, etc.)

Start and Completion Dates

of Contract

1. List the name and position of the person representing your firm who inspected the

sites of the proposed work:

Date(s) of Inspection:

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2. The contractor who is recommended for award of contract shall furnish the City of Del Mar notarized financial and organization statements, as well as any other information necessary, to sufficiently allow for an appraisal of his/her current financial position (solvency of the business) and the capability to manage the work contained herein.

3. List of subcontractors: The following information relative to the sub-contractors and suppliers proposed to be used must be furnished to the City as part of this proposal.

If all work is to be done without subcontractors, write "None" in the following space:

Name under which Subcontractor is

Licensed

Class / License Number

Office or Shop Address and Telephone No.

Type of Work Subcontractor Will

Do

4. Suppliers

Name of Supplier Address & Telephone No. Type of Material

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BID SECURITY BOND OR CHECK

A *certified check, properly made payable to the City of Del Mar, for dollars ($ _____ ); or a *bond in favor of the City of Del Mar for ____________________________________ dollars ($ ______ ); which amount is not less than ten percent (10%) of the total amount of the bid, is attached hereto. The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten (10) days, not including Sunday, after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying this bid shall become the property of the City of Del Mar. Licensed in accordance with an act providing for registration of Contractors, License No. . SIGNATURE OF BIDDER: (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of president, secretary, treasurer, and manager thereof.) *Strike out inapplicable phrase.

Business Address

DATED: , 20 OR NAME OF CORPORATION:

By: (Signature of President of Corp.)

DATED: , 20 By: (Signature of Secretary of Corp.) Business Address Corporation organized under the laws of the state of

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SEAL Note: Letter must be submitted on bank letterhead with resolution or other documentation identifying signature as bank officer authorized to sign on behalf of bank.

LETTER OF CREDIT SECURING BID

City of Del Mar 1050 Camino del Mar Del Mar, CA 92014 Subject: Irrevocable Letter of Credit No. Gentlemen: This Letter of Credit is given to secure the bid of hereinafter referred to as "Principal," dated , 20 for JANITORIAL SERVICES in accordance with the Specifications and Notice Inviting Bids therefore. The amount of this Letter of Credit is ten percent (10%) of the amount of the bid. If said bid is accepted and the contract awarded to the Principal, said Principal shall enter into the contract as required by law. If Principal does not do so, the City of Del Mar, hereinafter "City" may draw upon this Letter of Credit as hereinafter provided. As required by said Notice Inviting Bids and Specifications, and for that purpose only, we hereby establish in favor of City and for the account of Principal our Irrevocable Letter of Credit No.________________________________________ in the amount of ____________________________________________U.S. Dollars ($ ), to be paid by drafts at sight on us if accompanied by the following documents:

City's written statement (signed by the City Engineer, City Manager, or City Attorney) certifying that there has been failure of the Principal to perform the above agreement. Said statement shall declare the amount of the sight draft on us and that the amount of this draft is, therefore, now due and payable.

IT IS AGREED that the above funds are guaranteed for payment and said funds shall become trust funds for the purposes set forth herein.

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City of Del Mar Letter of Credit Securing Bid Page 2 All drafts under this Letter of Credit shall be marked: Name of Bank Address Irrevocable Letter of Credit No. We expressly agree with you that all drafts drawn under and in compliance with the terms of this Letter of Credit shall meet with due honor upon presentation. Further, that all drafts shall be delivered to the City in accordance with Cal. Comm. Code Section 5112.

Dated:

By: Authorizing Agent or Representative

Its: Print Name & Title APPROVED AS TO FORM: Leslie E. Devaney, City Attorney

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NON-COLLUSION AFFIDAVIT To the City Council, City of Del Mar, California: The undersigned in submitting a proposal for performing the following work by contract, being duly sworn, deposes and says: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competition in connection with such contract, for:

CITY OF DEL MAR JANITORIAL SERVICES

___________________________________ Signature of Proposing Contractor ___________________________________ Business Address ___________________________________ Place of Residence State of California County of _______________________) On __________________________ before me, ________________________________________ (insert name and title of the officer) personally appeared _________________________________________________________________, Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.

Signature ___________________________ (Seal)

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SECTION VI

PROFESSIONAL SERVICES AGREEMENT