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CENTRAL CONTRA COSTASANITARY DISTRICT

REQUEST FOR PROPOSALRFP NO. 07-08-18

Janitorial Services

IINNQQUUIIRRIIEESS:: Direct questions for clarification of this Request forProposals to Anthony Holt, Buyer

Telephone: (925) 229-7312Fax: (925) 825-1437E-Mail: [email protected]

SSUUBBMMIITTTTAALL: Volume One: One (1) original and four (4) copies

Proposals must be received on or before:3:00 p.m., May 30, 2008

Proposals received after the time and date statedabove shall be returned unopened to the Offeror

Addressed to: Anthony Holt, BuyerCentral Contra Costa Sanitary District5019 Imhoff PlaceMartinez, CA 94553-4392

Mark envelope: "Janitorial Services - RFP No. 07-08-18”

Pre-Proposal Conference: 10:00 a.m., May 20, 2008Central Contra Costa Sanitary DistrictHeadquarters Office Building –Board Room5019 Imhoff PlaceMartinez, CA 94553

Central Contra Costa Sanitary DistrictJanitorial Services

RFP NO. 07-08-18Page 2 of 54

CENTRAL CONTRA COSTA SANITARY DISTRICTREQUEST FOR PROPOSAL

RFP NO. 07-08-18

NOTICE IS HEREBY GIVEN that the Central Contra Costa Sanitary District invites, and willreceive sealed proposals for furnishing all labor, equipment and materials for providingJanitorial Services for the District.

Proposals will be received at the receptionist area at the District’s Headquarters Office Building, 5019 Imhoff Place, Martinez, CA 94553-4392 until 3:00 p.m., on May 30, 2008. Proposals shallbe clearly marked as “Janitorial Services –RFP No. 07-08-18”. The District shall not receive orconsider proposals received late.

Inquiries regarding further information about the project should be directed to Anthony Holt at925-229-7312. Inquiries regarding directions to the District’s Headquarters Office Building and the location of the receptionist area may be directed to the District’s receptionist at 925-228-9500.

Proposal documents may be obtained from the Purchasing Division by calling925-229-7312. Proposal documents may also be downloaded from the District’s website at www.centralsan.org/organization/purchasing/bid_opportunities.html.

A pre-proposal conference and job walk will be held at 10:00 a.m. on May 20, 2008 at theDistrict’s Headquarters Office Building in the Board Room. The purpose of this conference is todiscuss with prospective offerors the work to be performed and to allow them to ask questionsarising from the initial review of this Request for Proposal. The District considers the pre-proposal conference to be critical to the understanding of the requirements of the Request forProposals and although not mandatory, attendance at the pre-proposal conference is highlyencouraged.

The District hereby affirmatively ensures that disadvantaged business enterprises will beafforded full opportunity to submit a proposal in response to this notice and will not bediscriminated against on the basis of race, color, national origin, ancestry, handicap, gender, orreligion in any consideration leading to the award of contract.

Central Contra Costa Sanitary District reserves the right to reject any or all Proposals, to waiveany irregularities or informalities not affected by law, to evaluate the Proposals submitted and toaward the contract according to the proposal which best serves the interests of said District.The District also reserves the right to change or limit the scope of this project at anytime.

Dated at Martinez, California, this March 17, 2008

By:___________________________________________________________________Jim Warrington, Purchasing and Materials ManagerMartinez, California


RFP NO. 07-08-18Page 3 of 54

SSEECCTTIIOONN OONNEEGGEENNEERRAALL CCOONNDDIITTIIOONNSSRRFFPP 0077--0088--1188

11..11 IINNTTEENNTT

The Central Contra Costa Sanitary District is requesting proposals from qualified andexperienced firms interested in providing Janitorial Services for the District. Proposals aredue on or before 3:00 p.m., May 30, 2008. Proposals are to be submitted to:

Anthony Holt, BuyerCentral Contra Costa Sanitary District

5019 Imhoff PlaceMartinez, California 94553

Proposal documents may be downloaded from the District’s website at:

www.centralsan.org/organization/purchasing/bidopportunities.html

The scope of work for this project is described in Section Three of this document. The requiredcontent, procedures, and format of the requested proposals are described in Section Four ofthis document.

Note: For purposes of this Request for Proposals, “Offeror” is defined as any entity, individual, or firm submitting a proposal in response to the Request for Proposals solicitation. “Successful Offeror” and “Contractor” refer to the firm to which a contract is awarded.

11..22 IINNFFOORRMMAATTIIOONN

To ensure fair consideration for all Offerors, the Purchasing Division of theAdministration Department is issuing this Request for Proposal and Anthony Holt/Buyeris the sole point of contact for the Request for Proposal and, unless otherwise directed,all communications regarding this Request for Proposal should be directed to him.

Offerors should carefully review this solicitation for defects and questionable or objectionablematter. Questions and comments regarding this solicitation must be submitted in writing,either by mail or facsimile to the Buyer, no later than 3:00 p.m., May 23, 2008. Thequestioner’s company name, address, phone and fax numbers and contact person must be included with the questions or comments. Questions and answers thereto shall be provided allprospective Offerors, but the name of the Offerors submitting questions shall not be disclosed.Questions of a proprietary and competitive nature relating solely to the business interests of thequestioner will be answered in strict confidence via individual and confidential communicationsuch as e-mail, telephone or fax and the answers thereto will not be shared with all potentialOfferor’s.


RFP NO. 07-08-18Page 4 of 54

Offerors are specifically directed to contact the Buyer to arrange for meetings, conferences, ortechnical discussions related to this Request for Proposal. Failure to adhere to this policy maybe grounds for rejection of proposals.

11..33 AADDDDEENNDDAA TTOO TTHHEE RREEQQUUEESSTT FFOORR PPRROOPPOOSSAALL

Important Notice - Any revisions to the Request for Proposal will be issued and distributed asaddenda. The District will not be responsible for oral interpretations given by any Districtemployee, representative, or others. Offerors are cautioned that any statements made thatmaterially change any portion of the proposal documents shall not be relied upon unlesssubsequently ratified by a formal written amendment to the RFP document. The issuance of awritten addendum is the only official method whereby interpretation, clarification, or additionalinformation can be given.

It is the responsibility of each Offeror to ensure that the District has their correct business nameand address on file. Any prospective Offeror who obtained a set of proposal documents fromanyone other than the District is responsible for advising the District that they have a set ofproposal documents and wish to receive addenda.

If any addenda are issued to this Request for Proposal, the District will attempt to notify allprospective Offerors who have secured same and whose name and address are on file with theDistrict. However, it will be the responsibility of each Offeror, prior to submitting their proposal,to contact the Buyer, to determine if addenda were issued and to make such addenda a part ofthe proposal. The District reserves the right to revise or amend the proposal documents up tothe time set for opening the proposals. Any addenda or bulletins issued shall constitute a partof the contract documents.

Offerors shall acknowledge receipt of any addenda to the solicitation by signing and returningthe addenda with the proposal.

11..44 PPRREE--PPRROOPPOOSSAALL CCOONNFFEERREENNCCEE

A pre-proposal conference will be held at 10:00 a.m. on May 20, 2008 at the District’s Headquarters Office Building in the Board Room, 5019 Imhoff Place, Martinez, CA. Thepurpose of this conference is to discuss with prospective Offeror’s the work to be performed andto allow them to ask questions arising from the initial review of this Request for Proposal. TheDistrict considers the pre-proposal conference to be critical to the understanding of therequirements of the Request for Proposals and, although not mandatory, attendance is highlyencouraged. It is anticipated that no additional pre-proposal conferences will be scheduled.However, the District hereby reserves the right to schedule additional conferences whendeemed to be in the best interest of the District.

Questions and answers from the pre-proposal conference will be transcribed by the District andsent to prospective Offerors as soon as possible after the meeting. Offerors with a disabilityneeding accommodation must contact the Buyer prior to the date set for the pre-proposalconference so that reasonable accommodation can be made.


RFP NO. 07-08-18Page 5 of 54

11..55 LLEETTTTEERR OOFF IINNTTEENNTT TTOO PPRROOPPOOSSEE

A letter indicating the Offeror’s intent to respond to the Request for Proposal must be received at the address specified herein, no later than 3:00 p.m. May 28, 2008. Letters of Intent toPropose may be delivered in person, via U.S. Mail or by facsimile transmission or e-mail.Failure to submit a Letter of Intent to Propose, by the deadline specified, may result in therejection of the Offeror’s proposal. Submission of the Letter of Intent to Propose constitutes the Offeror’s acceptance of the procedures, evaluation criteria, and other administrative instructions of the Request for Proposal. The District assumes no responsibility for delays caused by theUnited States Postal Service or by common carriers or by any delivery or courier service theOfferor may select or by transmission errors or delays or mistaken delivery. Time extensionswill not be granted.

Each Offeror must appoint an individual to officially represent the Offeror for this acquisition.Include the following information in the Letter of Intent to propose:

1. Name and address of company2. Telephone and facsimile numbers and e-mail address3. Name and title of Offeror’s representative4. Statement of Intent to Propose

Offerors may withdraw their Letters of Intent to Propose at any time before the deadline forproposal submission. Letters of Intent to Propose shall be mailed, emailed, faxed, or deliveredto:



Fax: 925-825-1437

11..66 SSUUBBMMIISSSSIIOONN OOFF PPRROOPPOOSSAALLSS

This solicitation has a firm due date and time as specified herein. It is solely the responsibility ofthe Offeror to ensure that their proposal is received by the District, in accordance with thesolicitation requirements, prior to the deadline and at the place specified. In no event will aproposal be considered if it is received after the specified due date and time. Any proposalreceived after that shall be returned, unopened, to the Offeror, provided the Offeror’s return address is on the envelope. Notwithstanding any provision specified herein, the Districtreserves the right to extend the proposal submittal deadline when it is in the best interest of theDistrict.

Proposals shall be submitted under sealed cover and shall be clearly marked as“Janitorial Services - RFP No. 07-08-18” and the proposal closing date and time, as well as the Offeror’s name and return address shall also be included. The District shall not beresponsible for proposals received late due to Offeror’s failure to identify the proposal as required hereunder.

Proposals may be submitted by hand, by courier or by U.S. Mail to the address specified below;however, facsimile and electronic proposals will not be accepted. If the proposal is submitted by


RFP NO. 07-08-18Page 6 of 54

mail or courier, Offerors should allow ample delivery time to ensure the timely receipt of theirproposals. The District shall not be responsible for any delays by the United States PostalService or by common carriers or couriers or as a result of mistaken delivery. Deliveries madebefore the date and time due, but to the wrong District office, will be considered non-responsiveunless re-delivery is made to the office specified before the date and time due specified in theRequest for Proposal. Postmarks will not be accepted. Proposals are to be mailed or deliveredto:



11..77 EEXXAAMMIINNAATTIIOONN AANNDD AACCCCEEPPTTAANNCCEE OOFF PPRROOPPOOSSAALL RREEQQUUIIRREEMMEENNTTSS

Before submitting a proposal, Offerors must satisfy themselves by personal examination of theproposal documents, and by any other means as they may believe necessary, as to the actualconditions, requirements, and difficulties under which the work must be performed and to verifyany representations made by the District, upon which the Offeror will rely.

The submission of a proposal shall be considered conclusive evidence that the Offeror hascarefully investigated all conditions that affect, or may at some future date affect, theperformance of services covered by this solicitation, and is satisfied as to the character, quality,and quantities of work to be performed and as to the requirements of the Request for Proposal.Submission of a proposal shall also be evidence that the Offeror is familiar with directives that inany way affect prosecution of the work or persons engaged or employed in the work. TheDistrict shall not be responsible for any error or omission in any proposal.

No Offeror shall at any time after submission of a proposal make any claim or assertion thatthere was any misunderstanding or lack of information regarding the nature or amount of worknecessary for satisfactory performance under the contract. If the Offeror receives an award asa result of this Request for Proposal, failure to have made such investigations and examinationswill in no way relieve the Offeror from its obligations to comply in every detail with all provisionsand requirements of the contract documents, nor will a plea of ignorance of such conditions andrequirements be accepted as a basis for claim whatsoever by the Offeror for additionalcompensation. Any errors, omissions, or discrepancies found in the specifications or othercontract documents shall be called to the attention of the District and clarified prior to thesubmission of proposals.

Should the Offeror feel there has been a supplemental or oral modification, it shall be his/herresponsibility to verify said modification in writing prior to submission of the proposal.

Upon submission of RFP documents, all such documents shall become the property of theDistrict. The contents of the proposal of the Successful Offeror shall become contractualobligations if procurement action ensues. Failure to accept these obligations in a contractualagreement shall result in cancellation of award.

11..88 OOFFFFEERROORR’’SS PPOOWWEERR AANNDD AAUUTTHHOORRIITTYY

The Offeror, in submitting a proposal, warrants that it has full power and authority to comply withthe requirements specified herein and will hold the District harmless from and against any and


RFP NO. 07-08-18Page 7 of 54

all loss, cost, liability, and expense (including reasonable attorney fees) arising out of anybreach of this warranty. Further, Offeror affirms that it has not and will not enter into anyarrangement with any third party, which might abridge any rights of the District under thisContract.

11..99 OOFFFFEERROORR’’SS EEXXPPEERRIIEENNCCEE AANNDD CCOOMMPPEETTEENNCCYY

The Offeror, in submitting a proposal, warrants that it is fully experienced and properly qualifiedto provide the services required herein, and that it is regularly engaged in the general class ortype of work called for under the contract, properly licensed, equipped, organized, and financedto perform such work required herein. Offeror shall also have no less than five (5) years ofexperience in the magnitude and character of the work proposed. By submitting a proposal, theOfferor certifies that it is not currently debarred from submitting bids, proposals, or quotations forcontracts issued by any political subdivision or agency and that it is not an agent of a person orentity that is currently debarred from submitting bids, proposals, or quotations for contractsissued by any political subdivision of agency.

11..1100 PPRROOPPRRIIEETTAARRYY IINNFFOORRMMAATTIIOONN

The proposals received shall become the property of the District and are subject to publicdisclosure. Offerors are to indicate any restrictions on the use of data contained in theirresponses. Materials must be clearly identified and the Offeror must include a brief statementthat sets out the reasons for confidentiality. Those parts of a proposal which are defined by theOfferor as confidential, proprietary or, business or trade secrets, as that term is defined inCalifornia Government Code, Section 6254.7, and are reasonably marked as “Trade Secrets”, “Confidential” or “Proprietary” shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Marking the entireproposal as proprietary will neither be accepted nor honored. Failure by Offeror to labelmaterials as proprietary, shall be deemed a waiver by the Offeror of any claim against theDistrict for release of said materials.

11..1111 MMOODDIIFFIICCAATTIIOONN OOFF PPRROOPPOOSSAALLSS

Any Offeror who wishes to make modifications to a proposal already received by the District mustwithdraw his/her proposal in order to make the modifications. Withdrawals must be made inaccordance with the terms and conditions of this solicitation (see Withdrawal of Proposals). Allmodifications must be made in ink, properly initialed by Offeror’s authorized representative, executed, and submitted in the same form and manner as the original proposal. It is theresponsibility of the Offeror to ensure that modified or withdrawn proposals are resubmitted beforethe deadline for submitting proposals.

11..1122 WWIITTHHDDRRAAWWAALL OOFF PPRROOPPOOSSAALLSS

Any proposal may be withdrawn at any time prior to the time fixed in the public notice for thereceipt of proposals, only by written request for the withdrawal of the proposal filed with theBuyer. The Offeror or his/her duly authorized representative shall execute the request. Thewithdrawal of a proposal does not prejudice the right of the Offeror to file a new proposal. Noproposal may be withdrawn after the time fixed in the public notice for the receipt of Proposals.


RFP NO. 07-08-18Page 8 of 54

11..1133 EEVVAALLUUAATTIIOONN AANNDD AAWWAARRDD OOFF CCOONNTTRRAACCTT

Evaluation and selection of proposals will be based on the information called for in this Requestfor Proposal. Brochures or other promotional materials beyond that sufficient to submit acomplete and effective proposal are not desired. Elaborate artwork, expensive paper orbinders, and expensive visuals are not necessary.

It is the intention of the District to award a contract to the Offeror who furnishes satisfactoryevidence that he/she has the requisite experience, ability, sufficient capital, and facilities toenable him/her to prosecute the work successfully and properly. To determine the degree ofresponsibility to be credited to the Offeror, the District will weigh any evidence that the Offerorhas performed satisfactorily other contracts of like nature, magnitude, and comparable difficultyand comparable rates of progress. The District reserves the right to make the selection of anOfferor based on any or all factors of value, whether quantitatively identifiable or not, including,but not limited to, the anticipated initiative and ability of the Offeror to perform the services setforth herein. In selecting an Offeror, consideration will be given not only to the financial standingbut also to the general competency of the Offeror for the performance of the work specified inthe contract documents. The Offeror may also be evaluated on the basis of character, integrity,reputation, judgment, experience, and efficiency.

The Offeror may be required before the award of any contract to show to the completesatisfaction of the District that it has the necessary licenses, permits, equipment, facilities,experience, ability, capacity, skill and financial resources to provide the services specifiedherein in a satisfactory manner. The Offeror may be required to give a past history andreferences in order to satisfy the District in regard to the Offeror’s qualifications. The District may make such investigation as it deems necessary to determine the ability of an Offeror tofurnish the required services, and the Offeror will furnish to the District all such information anddata for this purpose as the District may request. The District also reserves the right to conducta background inquiry of each Offeror, which may include the collection of appropriate criminalhistory information, contractual and business associations and practices, employment histories,and reputation in the business community. By submitting a proposal to the District, the Offerorconsents to any such inquiries and investigations and agrees to make available to the Districtsuch books and records as the District deems necessary to conduct the inquiry.

In connection with its evaluation, the District may, at its option, invite one or more Offerors tomake an oral presentation to the District. During these interviews, the Offerors will be allowedto present such evidence as may be appropriate in order that the District can correctly analyzeall materials and documentation submitted as a part of the proposals.

The District reserves the right to reject any proposal if the evidence submitted by orinvestigation of such Offeror fails to satisfy the District that such Offeror is properly qualified tocarry out the obligations of a contract and to deliver the services contemplated herein or; theproposal of any Offeror who has previously failed to perform properly, or complete on time,contracts of a similar nature. Any material misrepresentation or material falsification ofinformation provided to the District in the proposal submission, or at any point in the proposalevaluation process is basis for rejection of the proposal. In the event that the misrepresentationor falsification is not discovered until after any agreement is awarded, the agreement may beterminated at that time. A determination as to whether a misrepresentation or falsification of theproposal submission is material shall be made solely in the exercise of the District’s sound discretion.


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Failure to meet the requirements of the Request for Proposal may be cause for rejection of theproposal. The District may reject the proposal if it is deemed incomplete, contains irregularitiesof any kind or is offered conditionally. The District reserves the right to reject the proposal ofany Offeror who previously failed to perform adequately for the District or any othergovernmental agency. The District expressly reserves the right to reject the proposal of anyOfferor who is in default on the payment of taxes, licenses, or other monies due the District.

The District reserves the right to reject any and all proposals at any time, without cause andwithout penalty; to waive any requirements, both the District’s and those proposed by the Offeror; to waive any irregularities or informalities in any proposal or the proposal process whenit is in the best interest of the District to do so; to negotiate for the modification of any proposalwith mutual consent of the Offeror; to waive minor defects or variations of a proposal from theexact requirements of the specifications that do not affect the price, quality, quantity, delivery orperformance time of the service or product being procured; to re-advertise for proposals, ifdesired; sit and act as sole judge of the merit and qualifications of the service offered and; toevaluate in its absolute discretion, the proposal of each Offeror, so as to select the Offerorwhich best meets the requirements of the District, thus insuring that the best interest of theDistrict will be served.

If an Offeror submits insufficient information within the proposal, such that the District is unableto properly evaluate the proposal, the District has the right to require additional information, as itmay deem necessary after the time set for receipt of proposals.

Proposals expressing terms and conditions that do not conform to the terms and conditions inthe Request for Proposal documents may be subject to rejection as non-responsive. TheDistrict reserves the right to permit the Offeror to withdraw non-conforming terms and conditionsfrom its proposal response prior to the determination of the District of non-responsivenessbased on the submission of non-conforming terms and conditions. AWARD OF CONTRACTFOR THIS PROJECT IS CONTIGENT UPON APPROVAL BY THE DISTRICT’S BOARD OF DIRECTORS.

Award of contract will not be based solely on price.

Award of contract shall be made to the responsive, responsible offeror meeting thespecifications and requirements of the RFP and having the lowest proposal and satisfactoryqualifications and performance record. The following criteria will be used in this determination:

A. Total proposal price in accordance with the requirements of the Request for Proposalsand the ability to satisfy those requirements.

B. Company’s reputation and financial status.

C. Past experience.


RFP NO. 07-08-18Page 10 of 54

11..1144 AADDDDIITTIIOONNAALL TTEERRMMSS AANNDD CCOONNDDIITTIIOONNSS

The District reserves the right to add terms and conditions during contract negotiations. Theseterms and conditions will be within the scope of the Request for Proposal.

11..1155 CCOONNTTRRAACCTT RREEQQUUIIRREEMMEENNTT

The Successful Offeror will be expected to enter into a contract with the District which issubstantially the same as the contract included in this Request for Proposal in the Appendix. Inno event is an Offeror to submit its own standard contract terms and conditions as a response tothis Request for Proposal. As a part of their proposal, as described in Section 4.2, ProjectSummary and Exceptions, Offeror may submit exceptions, changes and modifications thatOfferor may have regarding the District’s Request for Proposals. However, the District is not obligated to accept such exceptions, changes or modifications and reserves the right to rejectOfferor’s proposal based on the exceptions, changes or modifications required by the Offeror.

11..1166 CCOONNTTRRAACCTT DDUURRAATTIIOONN

The contract shall be for a one (1) year period with four (4) one-year extensions.

11..1177 CCOONNTTRRAACCTT AADDMMIINNIISSTTRRAATTIIOONN AANNDD AAUUTTHHOORRIITTYY OOFF TTHHEE DDIISSTTRRIICCTT

The Purchasing Department will administer the contract resulting from this Request forProposal. The Project Managers who will oversee the day-to-day operations and workrequirements related to this Request for Proposal will be Rick Ginn and Don Rhoads or theirdesignated representative. Subject to the power and authority of the District as provided by lawand in this contract, the District’s Project Managers shall in all cases determine the quantity,quality, and acceptability of the work for which payment is to be made under this contract andshall decide all questions that may arise relative to the fulfillment of the contract or theobligations of Contractor hereunder. Decisions by the Project Managers or their representativemay be appealed to the Purchasing Manager.

11..1188 EEXXEECCUUTTIIOONN OOFF CCOONNTTRRAACCTT

Time is of the essence regarding the work to be performed for this Project. Contractor shallexecute the contract without exception, including but not limited to signing all necessarydocuments and submitting all required bonds and evidences of insurance, within ten (10) calendardays after the notice of award. One copy of the contract will be returned to the Contractor afterthe District executes the contract. In case of failure of the Contractor to execute and return thecontract and all required documents within the time allowed, the District may, at its option,consider that the Contractor has abandoned the contract. As such, the District may choose toenter into a contract with another Offeror.

11..1199 AASSSSIIGGNNMMEENNTT OOFF CCOONNTTRRAACCTT

No assignment, transfer, conveyance or subletting of the contract or any part hereof, or of fundsto be received hereunder, will be binding upon the District unless such assignment had priorwritten approval and consent of the District. In the event the District gives such consent, the


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terms and conditions of the contract shall apply to, and bind the party or parties to whom suchwork is assigned, sublet or transferred.

11..2200 IINNDDEEPPEENNDDEENNTT CCOONNTTRRAACCTTOORR

Contractor shall be legally considered an independent contractor and neither Contractor, nor itsemployees, shall, under any circumstances, be considered servants or agents of the District;and the District shall be at no time legally responsible for any negligence or other wrongdoing byContractor, its servants or agents. Contractor shall pay all taxes, levies, duties andassessments of every nature due in connection with any work under the contract, shall makeany and all payroll deductions required by law, and shall indemnify and hold harmless theDistrict from any liability on account of any and all such taxes, levies, duties, assessments anddeductions. The District will not withhold from the Contract payments to the Contractor anyfederal or state unemployment taxes, federal or state income taxes, Social Security tax, or anyother amounts for benefits to Contractor. Further, the District will not provide to the Contractorany insurance coverage or other benefits, including Workers’ Compensation, normally provided by the District for its employees.

11..2211 CCEERRTTIIFFIICCAATTEESS AANNDD LLIICCEENNSSEESS

Contractor may be required to possess specialized permits, licenses or certificates in order tolegally perform the work under any contract awarded as result of this Request for Proposal.Unless otherwise specified herein, Contractor shall at his/her expense, pay all charges and feesassociated with said permits, licenses and certificates. Contractor shall provide the Districtnotarized copies of all valid permits, licenses and certificates required for the performance of thework under this Request for Proposal. The notarized copies shall be delivered to the District nolater than ten (10) days after the Contractor receives the notice of award from the District.Current copies of the certificates or licenses shall be provided to the District within twenty-four(24) hours of demand at any time during the contract term.

11..2222 IINNSSUURRAANNCCEE

Contractor and its insurance company should carefully review the insurance requirementsapplicable to this job. All requirements must be met before the District will allow work tocommence on this contract. When performing work on property in the care, custody or controlof the District, Contractor shall, at its expense, procure and maintain Commercial GeneralLiability Insurance and Automobile Liability Insurance with a State of California admitted suretywith an A.M. Best’s Insurance Rating of A:VII or better on all of its operations under thisContract for the duration of the work and the warranty period.

All Certificates of Insurance shall be provided within ten (10) consecutive calendar days ofaward of contract. Failure to furnish the required certificates and endorsements within the timeallowed is a material breach and will result in withdrawal of award.

1.22.1 Commercial General Liability Insurance. Contractor shall carry general liabilityinsurance in any combination of primary, excess or umbrella insurance, covering all operationsby or on behalf of Contractor for the limits of liability not less than $1,000,000 per occurrence.If the policy has a general aggregate limit, the aggregate limit shall apply separately to thisproject or the general aggregate limit shall be twice the required occurrence limit.


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Coverage shall be at least as broad as Insurance Services Office Commercial General Liabilitycoverage “occurrence” form CG 0001. Contractor's coverage shall be “occurrence” coverage and not “claims made” coverage. Coverage shall include, or be endorsed to include, coveragefor personal injury liability assumed under Contract. The policy shall also include liability arisingout of the use and operation of any District-furnished equipment by Contractor, its personneland others. The District, its officers, directors, and employees shall be named as additionalinsured on Contractor’s policy by a policy provision or endorsement providing coverage at least as broad as Insurance Services Office “Additional Insured - Owners, s or Contractors (Form B)endorsement Number CG 2010.”

The required additional insured coverage for the District, its officers, directors, and employeesshall stipulate that the insurance afforded the additional insured shall apply as primaryinsurance and that any other insurance or self-insurance maintained by the District shall beexcess only and shall not be called upon to contribute with Contractor’s insurance.

The Commercial General liability Insurance coverage shall include (a) care, custody and controlas well as errors and omission coverage related to the breach of duty by the Contractor and itsemployees (b) personal liability coverage and (c) assault and battery coverage.

1.22.2 Automobile Liability Insurance. Contractor shall carry Automobile Liability Insurancein any combination of primary, excess or umbrella insurance, provided the coverage is at leastas broad as the liability coverage of Insurance Services Office Business Automobile Liability,Symbol Code #1 “any auto” (form number CA 0001), in an amount not less than $1,000,000 peroccurrence.

The District, its officers, directors and employees shall be named as additional insured onContractor’s policy by a policy provision or endorsement providing coverage at least as broadas Insurance Services Office “Additional Insured - Owners, s or Contractors (Form B)endorsement Number CG 2010.”

The required additional insured coverage for the District, its officers, directors, and employeesshall stipulate that the insurance afforded the additional insured shall apply as primaryinsurance and that any other insurance or self-insurance maintained by the District shall beexcess only and shall not be called upon to contribute with Contractor’s insurance.

1.22.3 Workers' Compensation and Employers Liability Insurance. Workers’ Compensation Insurance shall be provided as required by any applicable law or regulation.Employers Liability Insurance shall be provided in an amount not less than $1,000,000 eachaccident for bodily injury by accident, $1,000,000 policy limit for bodily injury by disease, and$1,000,000 each employee for bodily injury by disease. The insurer shall waive all rights ofsubrogation against the District, its officers, directors, and employees.

1.22.4 Additional Insured. The General Liability and Auto Liability policies are to contain or beendorsed to name the District, its officers, appointed and elected officials, agents andemployees as Additional Insured as respects the liability arising out of the activities performed inconnection with this contract. The coverage shall (a) be primary with respect to any insuranceor self-insurance programs maintained by the District; (b) shall apply separately to each insuredagainst whom claim is made or suit is brought, except with respect to the limits of the insurer'sliability; and (c) contain Standard Cross-liability provisions. Such additional insured


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endorsements maintained by the Contractor and its subcontractors shall not be required toprovide coverage for District for the active negligence of District. Original endorsements,signed by a person authorized to bind coverage on its behalf, shall be furnished to theDistrict by the Contractor.

With regard to additional insured requirements, the following specific language shall be utilized:

“The District is named as additional insured for all liability arising out of the operations by or on behalf the named insured, and this policy protects the additional insured, its officers, agents andemployees against liability for bodily injuries, deaths or property damage or destruction arisingin any respect directly or indirectly in the performance of the contract.The inclusion of more than one insured shall not operate to impair the rights of one insuredagainst another insured and the coverages afforded shall apply as though separate policieshave been issued to each insured.

The insurance provided herein is primary and no insurance held or owned by the District shallbe called upon to contribute to a loss.

This policy does not exclude explosion, collapse, underground excavation hazard or removal oflateral support.”

1.22.5 Cancellation Clause. Each insurance policy required by this clause shall be endorsedto state that coverage shall not be canceled by either party, except after thirty (30) days' priorwritten notice has been given to the District. The following specific language shall be utilized:

“Coverage by this policy shall not be reduced or cancelled without thirty (30) days written notice given to the District by certified mail return receipt requested.”

1.22.6 Workers’ Compensation Self-Insurance. In the event Contractor is self-insured, heshall furnish a Certificate Of Permission to Self-Insure, signed by the Department of IndustrialRelations Administration of Self Insurance, Sacramento, California.

1.22.7 Deductibles and Self-Insured Retention. Any deductibles or self-insured retentionmust be declared to, and approved by, the District. At the option of the District, either: theinsurer shall reduce or eliminate such deductibles or self-insured retention as respects theDistrict, its officials, employees, and agents; or the Contractor shall procure a bondguaranteeing payment of losses and related investigations, claim administration and defenseexpenses in an amount specified by the District.

1.22.8 Commencement of Work and Failure to Comply with Requirements. Original,signed certificates and original, separate endorsements, naming the District as additionalinsured for liability insurance and automobile insurance as well as a waiver of subrogation forWorker’s Compensation Insurance are to be received and reviewed by the District before any work is commenced hereunder by Contractor. The certificates and amendatory endorsementsshall be signed by an authorized agent of the insurer, binding the insurer. The District reservesthe right to require complete, certified copies of all required insurance policies at any time.

All insurance correspondence, notices, certificates, and endorsements from the insurancecarriers shall each separately reference the District Contract Number.


RFP NO. 07-08-18Page 14 of 54

In the event Contractor fails to comply with this section, the District may take such action, as theDistrict deems necessary to protect the District’s interest. Such action may include but is notlimited to termination of the Contract, withholding of payments, or other action, as the Districtdeems appropriate. Furthermore, if at any time during the life of the contract, Contractor fails tomaintain in full force any insurance required by the contract documents, the District may acquirethe necessary insurance for the Contractor and deduct the cost thereof from the appropriateprogress payments due Contractor.

Contractor shall maintain the insurance for the life of the contract. Should Contractor cease tohave insurance as required during any time, all work by Contractor pursuant to this agreementshall cease until insurance acceptable to the District is provided.

The insuring provisions, insofar as they may be judged to be against public policy shall be voidand unenforceable only to the minimum extent necessary so that the remaining terms of theinsuring provisions herein may be within public policy and enforceable.

Original insurance certificates and endorsements are to be mailed or delivered to:


5019 Imhoff PlaceMartinez, CA 94553-4392

11..2233 WWOORRKKEERR’’SS CCOOMMPPEENNSSAATTIIOONN CCEERRTTIIFFIICCAATTIIOONN

Contractor shall complete the Workers’ Compensation Certification Form (Appendix) certifyingcompliance with the workers’ compensation provision of the California Labor Code.

11..2244 IINNDDEEMMNNIIFFIICCAATTIIOONN

To the fullest extent permitted by law Contractor agrees to indemnify, defend and save harmlessthe District, its officers, directors, agents and employees, and each of them, from and againstany and all suits, actions, legal or administrative proceedings, claims, demands, consequentialdamages, liabilities, interest, attorney’s fees, costs, expenses and losses of whatsoever kind or nature, whether or not well founded in fact or in law and, directly or indirectly caused,occasioned or contributed to in whole or in part, or claimed to be caused, occasioned orcontributed to in whole or in part, by reason of any act, omission, fault or negligence whetheractive or passive of Contractor or of anyone acting under Contractor’s direction or control, or on Contractor’s behalf, in connection with or incident to the performance of the Contract including delivery and unloading of supplies and equipment, regardless of the passive, concurrentnegligence on the part of the District or anyone acting under its direction or control or on itsbehalf. Without limiting the generality of the foregoing, the same shall include injury or death ofany person or persons and damage to any property, regardless of where located, includingwithout limitation the property of the District, Contractor’s employees and all other persons. Furthermore, Contractor’s obligation to indemnify the District shall not be restricted to insuranceproceeds.

Contractor acknowledges that it has fully informed itself of the contents and meaning of thisindemnification requirement and that the terms are contractual and not a mere recital. These


RFP NO. 07-08-18Page 15 of 54

requirements shall also apply to any Contractor's subcontractor whose hazards are not coveredby Contractor's insurance policies.

It is further the intent of the parties that this indemnification requirement is not intended torelieve the District from liability for the active negligence of the District, its officers, appointedand elected officials, agents and employees. This hold harmless clause is in no way anadmission of liability on the part of the District or any of its agents or employees.

11..2255 PPOOSSTT--AAWWAARRDD MMEEEETTIINNGG

Contractor shall meet with the District’s Project Manager prior to commencement of the contract. The meeting shall commence within ten (10) days of the date of execution of thecontract or sooner. It is Contractor’s responsibility to contact the District's Project Manager, to arrange for the post-award meeting. The purpose of this meeting will be to discuss therequirements of the contract and Contractor’s responsibilities. Additionally, discussion about the forms, reporting format and other details related to the performance under the contract will bediscussed.

11..2266 PPHHYYSSIICCAALL DDAAMMAAGGEE

Contractor shall be held responsible for any breakage, loss, or damage of the District’s equipment or supplies or to property owned by the District or its customers through thenegligence of Contractor or his/her employees while performing the work specified herein orworking on the District’s premises. Contractor shall be responsible for restoring or replacing any equipment, facilities, etc., so damaged. Contractor shall immediately report to the District anydamages to the premises resulting from services performed or goods supplied under thiscontract. Failure or refusal to restore or replace such damaged property will be a breach of thisContract.

11..2277 TTEERRMMIINNAATTIIOONN FFOORR DDEEFFAAUULLTT AANNDD CCAAUUSSEE

In the event that Contractor fails to perform under the terms of the contract or willfully violatesany of the conditions or covenants of the contract documents, the District may terminate thecontract with ten (10) days written notice to Contractor. Termination for cause shall be at thediscretion of the District and such cause shall be, but not limited to the following circumstances:

A. If Contractor shall fail to provide services or perform satisfactorily the work required bythe terms and conditions of the contract, or materially breaches any of its obligationsunder its agreement the District may terminate the contract, in whole or in part.

B. Any assignment, subletting or transfer of the interest of Contractor, either in whole or inpart, without the written consent of the District shall be cause for the District toimmediately terminate the agreement for default.

After receipt of a notice of termination, except as otherwise directed, Contractor shall stop workon the date of receipt of the notice of termination or other date specified in the notice; place nofurther orders for services, except as necessary for completion of such portion of the servicesnot terminated; and settle all outstanding liabilities and claims.


RFP NO. 07-08-18Page 16 of 54

In case of default by Contractor, the District may procure the services from other sources andhold Contractor responsible for any resulting additional purchase and administrative costs andmay deduct from monies due, or that may thereafter become due to Contractor, the differencebetween the contract price and the actual cost thereof to the District. Prices paid by the Districtshall be considered the prevailing market price at the time such costs are incurred. This remedyshall be in addition to any other remedies that the District may have. Contractor shall not beheld responsible for failure to perform the duties and responsibilities imposed by the contractdue to legal strikes, fires, riots, rebellions and acts of God beyond the control of the Contractor,unless otherwise specified in the contract.

11..2288 TTEERRMMIINNAATTIIOONN FFOORR CCOONNVVEENNIIEENNCCEE

The performance of work under the contract may be terminated by either Party in whole or inpart whenever the Party determines the termination is in the Party's best interest. Any suchtermination shall be effected by the Party by the delivery of written notice of termination at leastthirty (90) days before the date of termination, specifying the extent to which performance of thework under the Contract is terminated and the date upon which such termination becomeseffective.

11..2299 NNOONN--AAPPPPRROOPPRRIIAATTIIOONN

All funds for payment by the District under this Contract are subject to the availability of anannual appropriation for this purpose by the Board of Directors. In the event of non-appropriation of funds by the Board of Directors for the services or goods provided undercontract, the District will terminate the Contract, without termination charge or other liability, onthe last day of the then-current fiscal year or when the appropriation made for the then-currentyear for the services covered by this contract is spent, whichever event occurs first. If at anytime funds are not appropriated for the continuance of the contract, immediate written noticeshall be given to the Contractor and cancellation shall be accepted by Contractor on thirty (30)days’ prior written notice, but failure to give such notice shall be of no effect and the District shall not be obligated under this contract beyond the date of termination.

11..3300 PPAAYYMMEENNTT

Contractor shall be fully responsible for assuring that all services arising from the contract arebilled the correct and applicable contract rate. Contractor is required to establish and maintain aprocess to monitor its billing practices and will refund all over-charges that may occur. TheDistrict will routinely audit invoices generated by Contractor.

Invoices shall be submitted monthly for all work completed during the previous month.Invoices shall include and separately list the following items:

1. Contract Number or Purchase Order Number.2. Date of service.3. Pricing itemized by facility or location, described exactly as the bid items on the Proposal

Form of this RFP.4. Description of any extra services provided.

Invoices not itemized as above will not be paid until corrected


RFP NO. 07-08-18Page 17 of 54

Unless otherwise specified, invoices shall be sent to the address set forth herein below.

Central Contra Costa Sanitary DistrictAttention: Accounts Payable

5019 Imhoff PlaceMartinez, CA 94553-4392

Payment terms will be Net Thirty (30) Days unless the Contractor proposes a discount forprompt payment. Payment will be made within thirty (30) days of acceptance of the services orafter the receipt of a correct invoice, whichever event occurs later. In connection with any cashdiscount offered, time will be computed from the date of complete delivery of the services asspecified, or from the date correct invoices are received if that date is later than the date ofdelivery. For the purposes of earning the discount, payment is deemed to be made on the dateof the mailing of the District check. Discounts for payment in less than twenty (20) days may notbe considered.

11..3311 RREECCOORRDDSS AANNDD AAUUDDIITT

Contractor shall maintain complete and accurate records with respect, and in any wayconnected, to the services rendered and the costs incurred under this contract. Upon theDistrict’s request, Contractor shall make such records available to the District’s auditor and his/her agents and representative, for the purpose of auditing and/or copying such records, for aperiod of five (5) years from the date of termination or completion of the agreement.

11..3322 CCOOMMPPLLIIAANNCCEE WWIITTHH LLAAWWSS

Contractor shall, in the performance of work under this contract, fully comply with all applicablefederal, state or local health and safety laws, rules regulations, codes or ordinances, includingbut not limited to those promulgated by CAL-OSHA and FED-OSHA. Contractor shall keepitself fully informed of, and shall observe and comply with, all laws, ordinances and regulationswhich in any manner affect those engaged or employed on any work, or the materials andequipment used in any work, or in any way affect the performance of any work, and of all ordersand decrees of agencies having any jurisdiction or authority over work performed under thecontract. If any discrepancy or inconsistency should be discovered between the contract andany such law, ordinance, regulation, order or decree, Contractor shall immediately notify theDistrict in writing. Contractor shall be responsible for the compliance by its employees, withthese provisions. Contractor shall hold the District harmless from any liability resulting fromfailure of such compliance. In case of conflict between federal, state and local laws, rules,regulations, codes and ordinances, the most stringent shall apply. Failure to comply with therequirements of this section and related sections may result in suspension of work.

11..3333 EETTHHIICCSS IINN PPUUBBLLIICC CCOONNTTRRAACCTTIINNGG

Each Offeror, by submitting a proposal, covenants that it presently has no interest, and shall notacquire any interest, direct or indirect, financial or otherwise, which would conflict in any manneror degree with the performance of the services hereunder. Offeror further covenants that, in theperformance of this contract, no subcontractor or person having such an interest shall beemployed. Offeror certifies that to the best of his/her knowledge, no one who has or will haveany financial interest under this contract is an officer or employee of the District.


RFP NO. 07-08-18Page 18 of 54

Offeror certifies that its proposal was made without fraud; that it has not offered or received anykickbacks or inducements and that it has not conferred on any public employee, public member,or public official having responsibility for this procurement transaction, any payment, loan,subscription, advance, deposit of money, services, or anything of more than nominal value.Offeror further certifies that no relationship exists between itself and the District or anotherperson or organization that interferes with fair competition or constitutes a conflict of interestwith respect to a contract with the District.

11..3344 EEQQUUAALL EEMMPPLLOOYYMMEENNTT OOPPPPOORRTTUUNNIITTYY

Attention of the Offeror is particularly called to the requirement for ensuring that employees, andapplicants for employment, are not discriminated against because of their ancestry, race,religion, color, gender, age, disability, political affiliation, national origin or ancestry, except whensuch a condition is a bona fide occupational qualification reasonably necessary for the normaloperations of Offeror. It is understood and agreed that Offeror shall comply with allrequirements, when applicable, of the California Fair Employment Practices Commission andprovisions, when applicable, of all Federal, State of California, County of Contra Costa and theDistrict’s laws and ordinances, in performance of fulfilling this agreement. The aforesaid provisions shall include, but not be limited to employment, upgrading, demotion or transfer,recruitment or recruitment advertising, layoff or termination, rates of pay or other forms ofcompensation and selection for training, including apprenticeship.

Offeror agrees to post in conspicuous places, visible to the employees and applicants foremployment, notices setting forth the provisions of this nondiscrimination clause. Offeror, in allsolicitations or advertisements for employees, placed by, or on behalf of Offeror, shall state thatOfferor is an Equal Opportunity Employer.

11..3355 AAMMEERRIICCAANNSS WWIITTHH DDIISSAABBIILLIITTIIEESS AACCTT

Offeror assures the District that it complies with the Americans with Disabilities Act (ADA) of1990, which prohibits discrimination on the basis of disability, as well as all applicableregulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) and itsimplementing regulations. The ADA provides comprehensive civil rights to individuals withdisabilities in the area of employment, public accommodations, state and local governmentservices and telecommunications.

11..3366 IIMMMMIIGGRRAATTIIOONN RREEFFOORRMM AANNDD CCOONNTTRROOLL AACCTT OOFF 11998866

Offeror certifies that it does not and will not during the performance of the contract employ illegalalien workers or otherwise violate the provisions of the Federal Immigration Reform and ControlAct of 1986 (IRCA) and shall comply with existing Labor Codes regarding employ of aliensexcept under extraordinary emergencies (Section 1851.5, 1850 to 1854). Further, Offeror shallindemnify, hold harmless and defend the District against any and all actions, proceedings,penalties or claims arising out of the Offeror’s failure to comply strictly with the IRCA.

11..3377 LLOOBBBBYYIINNGG EEFFFFOORRTTSS

Any lobbying efforts by Offerors as a result of this Request for Proposal, or its award, areprohibited.


RFP NO. 07-08-18Page 19 of 54

11..3388 NNOONN--EENNDDOORRSSEEMMEENNTT

As a result of the selection of an Offeror, the District is neither endorsing nor suggesting thatOfferor’s product is the best or only solution. Offeror agrees to make no reference to the District, this Request for Proposal or to the project in any news releases, literature,advertisements, promotional material, brochures, sales presentations, or the like without theexpress written consent of the District and only in coordination with the District.

11..3399 CCOONNTTRRAACCTT DDOOCCUUMMEENNTTSS RREEPPRREESSEENNTT EENNTTIIRREE AAGGRREEEEMMEENNTT

The contract documents represent the entire understanding of the District and Offeror as tothose matters contained therein, and no prior oral or written understanding shall be of any forceor effect with respect to those matters covered by the contract documents. The completecontract shall include the entire contents of the Request for Proposal and all pages that makeup the RFP solicitation, all addenda, all of Offeror’s submittals, all supplemental agreements, all change orders, all bond(s), and any and all written agreements which alter, amend or extend thecontract. Where the Offeror’s proposal or submittals conflict with the District’s terms and conditions, the District terms and conditions shall preside.

11..4400 RRIIGGHHTT TTOO RREEQQUUIIRREE PPEERRFFOORRMMAANNCCEE

The failure of the District at any time to require performance by Contractor of any provisionshereof shall in no way affect the right of the District thereafter to enforce the same. Nor shallwaiver by the District of any breach of any provision hereof be taken or held to be waiver of anysucceeding breach of such provision or as a waiver of any provision itself.

11..4411 SSEEVVEERRAABBIILLIITTYY

If any provisions of this Contract shall be held to be invalid, illegal or unenforceable, the validity,legality and enforceability of the remaining provisions shall not in any way be affected orimpaired thereby.

11..4422 SSUURRVVIIVVAALL

Notwithstanding the District’s acceptance of the work and payment therefore, Contractor shall remain obligated under all clauses of this Contract, which expressly or by their nature extendbeyond and survive such acceptance and payment or termination.

11..4433 VVEENNUUEE

Any contract resulting from this solicitation shall be governed by, and construed in accordancewith, the laws of the State of California. Venue for any litigation arising out of the contract willbe vested in Contra Costa County, California.

11..4444 IINNCCUURRRRIINNGG CCOOSSTTSS

The District is not liable for any cost incurred by Offerors in responding to this Request forProposal, including preparation, submittal, presentation or evaluation. Such expenses shall beborne exclusively by the Offeror.


RFP NO. 07-08-18Page 20 of 54

11..4455 CCAANNCCEELLLLAATTIIOONN AANNDD MMOODDIIFFIICCAATTIIOONN OOFF PPRROOPPOOSSAALL SSOOLLIICCIITTAATTIIOONN

The District reserves the right to modify the conditions and requirements of this Request forProposal at any time. The District may cancel this solicitation of Proposal at any time.


RFP NO. 07-08-18Page 21 of 54

SSEECCTTIIOONN TTWWOOPPRROOJJEECCTT CCRRIITTIICCAALL PPAATTHH TTIIMMEELLIINNEERRFFPP NNOO.. 0077--0088--1188 JJaanniittoorriiaall SSeerrvviicceess

EVENT COMPLETED BY

Release Final RFP March 17, 2008

Pre-Proposal Conference 10:00 a.m., May 20, 2008

Final Questions Due 3:00 p.m., May 23, 2008

Letter of Intent to Propose Due (Fax Acceptable) 3:00 p.m., May 28, 2008

RFP Responses Due (Fax Not Acceptable) 3:00 p.m., May 30, 2008

RFP Evaluations (including reference checking and site visits) May 30–June12, 2008

Position Paper Due June 12, 2008

Board of Directors Approval June 19, 2008

Sign Contract Week of June 23, 2008

Post-Award Meeting (to be scheduled by Contractor at District site) Week of June 23, 2008

Provide Required Insurance and Bond Week of June 23, 2008

District Safety Orientation Week of June 23, 2008

Contract Begins June 30, 2008

*** Contract may be extended for two (2) additional two-year periods at the District’s option

This critical path timeline represents the District’s best estimate of the schedule that will be followed. If acomponent of this schedule, such as RFP response due date, is delayed, the remainder of the schedulewill be adjusted by an equal number of calendar days.


RFP NO. 07-08-18Page 22 of 54

SSEECCTTIIOONN TTHHRREEEESSCCOOPPEE OOFF WWOORRKKRRFFPP NNOO.. 0077--0088--1188

33..11 BBAACCKKGGRROOUUNNDD AANNDD GGEENNEERRAALL PPRROOVVIISSIIOONNSS

The Central Contra Costa Sanitary District is requesting Proposals from qualified, experiencedand reputable contractors for providing an Annual Contract for Janitorial Services for District-owned facilities. Contractor shall furnish and use, at his/her own expense, all materials, labor,tools, equipment, chemicals, supplies and transportation to provide the services required underthe contract. All work shall be performed in accordance with the best practices of the professionand shall be in keeping with the high aesthetic level and importance to the public of the facilitiesbeing maintained.

It is the District’s intent to contract to ensure a continuing and reliable source of Janitorial Services. The needs herein stated are those that may be termed immediate, usual, common and of a casualquantity. Estimated work is given as a basis for comparison of proposals only and is not to beconstrued as a guarantee of the quantities of service to be purchased. The District reserves theright to increase or decrease quantities listed to meet the needs of the District during theperiod(s) of the contract.

The right is reserved by the Purchasing Manager to evaluate a offeror’s potential ability to satisfy the requirements of the contract by any meaningful analysis procedure deemedimportant by the Purchasing Manager. The Purchasing Manager shall, in all instances, be thefinal judge in determining whether a Contractor is qualified and eligible for award of contract.

The contract is expected to begin on or before June 30, 2008. The term of the contract shall betwelve (12) months. Contract may be renewed annually thereafter for four (4) consecutive one-year periods, at the District’s option and upon mutually agreeable terms. Payment andperformance obligations for succeeding fiscal periods shall be subject to appropriation of fundstherefore by the District’s Board of Directors. More information can be found on our website:www.centralsan.org

3.1.1 Contractor Staff Selection. The District reserves the right to interview Contractor’s recommended staff assigned to the account.

33..22 CCOONNTTRRAACCTTOORR QQUUAALLIIFFIICCAATTIIOONNSS

Contractor shall meet the following minimum requirements:

11.. TThhee oobbjjeeccttiivvee ooff tthhiiss ccoonnttrraacctt iiss ttoo pprroovviiddee ffoorr ffuullll sseerrvviiccee mmaaiinntteennaannccee ooff tthhee DDiissttrriicctt’’ssffaacciilliittiieess.. TThhee ssuucccceessssffuull ccoonnttrraaccttoorr sshhaallll pprroovviiddee aallll llaabboorr,, ccoonnssuummaabbllee mmaatteerriiaallss,,ssuuppeerrvviissiioonn,, ttoooollss,, eeqquuiippmmeenntt,, ttrraannssppoorrttaattiioonn aanndd aallll eeffffoorrtt nneecceessssaarryy ttoo ppeerrffoorrmm ssaaiiddsseerrvviicceess..

22.. CCoonnttrraaccttoorr sshhaallll hhaavvee nnoo lleessss tthhaann ffiivvee ((55)) yyeeaarrss ooff eexxppeerriieennccee iinn tthhee bbuussiinneessss ooffpprroovviiddiinngg JJaanniittoorriiaall sseerrvviicceess iinn tthhee SSttaattee ooff CCaalliiffoorrnniiaa..


RFP NO. 07-08-18Page 23 of 54

33..33 CCOONNTTRRAACCTTOORR PPEERRSSOONNNNEELL

Contractor’s personnel assigned to the District shall be accountable to the District’s Project Managers and shall comply with written and verbal instructions received from the District’s Project Managers or their designee. However, all persons performing work under the contractshall at all times be recognized as the Contractor’s employees and under the Contractor’s control and supervision.

33..33..11 CCoonnttrraacctt MMaannaaggeemmeenntt AAnndd JJaanniittoorriiaall SSttaaffff SSuuppeerrvviissiioonn.. CCoonnttrraaccttoorr sshhaallll pprroovviiddee aaccoonnttrraacctt mmaannaaggeerr aanndd aa JJaanniittoorriiaall ssuuppeerrvviissoorr wwhhoo sshhaallll bbee rreessppoonnssiibbllee ffoorr ccoooorrddiinnaattiinngg DDiissttrriiccttddiirreeccttiivveess,, pprroovviiddiinngg ddiirreecctt ssuuppeerrvviissiioonn aanndd ttrraaiinniinngg ooff tthhee JJaanniittoorriiaall ssttaaffff aanndd rreessoollvviinngg ppeerrssoonnnneelliissssuueess.. TThhee ccoonnttrraacctt mmaannaaggeerr aanndd JJaanniittoorriiaall ssuuppeerrvviissoorr sshhaallll bbee kknnoowwlleeddggeeaabbllee aabboouutt aallllaassppeeccttss ooff tthhee ccoonnttrraacctt aanndd sshhaallll iinnssuurree tthhaatt ssttrriicctt ccoommpplliiaannccee wwiitthh ccoonnttrraacctt rreeqquuiirreemmeennttss iissccoonnttiinnuuaallllyy mmaaiinnttaaiinneedd..

The contract manager shall have a minimum of two (2) years experience in the management ofcontracts. The Janitorial supervisor shall have a minimum of two (2) years experience inmanaging Janitorial personnel and shall be knowledgeable in all aspects of Janitorialprocedures. The Janitorial supervisor shall also have a minimum of one (1) year experience asa Janitorial staff member. The Janitorial supervisor shall have been employed by the Contractorfor a minimum of six (6) months prior to being assigned to the District’s contract unless granted an exception in writing by the District’s Project Manager. The Contractor’s contract managerand janitorial supervisor shall:

1. Perform all personnel management functions such as the hiring and discharging ofJanitorial staff.

2. Ensure that Janitorial personnel are performing their duties in accordance with the workspecified herein.

3. Maintain continuous awareness of the quality and completeness of the work performedby Janitorial personnel.

4. Conduct training of Janitorial staff, including the review of District directives and requiredprocedures.

5. Evaluate performance of Janitorial staff, seeking input from the District’s Project Manager.

6. Make site inspections on a regular basis.

7. Meet regularly and as needed with District’s Project Manager or his/her designee to review Contractor performance. These meetings shall be at no additional cost to theDistrict.

8. Ensure adequate coverage on a day-to-day basis as well for times of illness, vacation,strike, etc. and ensure that Janitorial staff are on time and at their duty location asscheduled.


RFP NO. 07-08-18Page 24 of 54

9. Inform the District’s representative of any changes in Contractor staffing.

33..33..22 JJaanniittoorriiaall SSttaaffff QQuuaalliiffiiccaattiioonnss.. JJaanniittoorriiaall ssttaaffff uuttiilliizzeedd iinn tthhee ppeerrffoorrmmaannccee ooff wwoorrkkssppeecciiffiieedd hheerreeiinn sshhaallll mmeeeett tthhee ffoolllloowwiinngg rreeqquuiirreemmeennttss::

1. Be a United States citizen or alien properly registered with the United States Immigrationand Naturalization Service.

2. Be at least eighteen (18) years of age.

3. Possess a high school diploma or GED.

4. Be properly licensed in accordance with the State of California Business andProfessions Code.

5. Shall not have been convicted of a felony or other criminal offense, which, in theDistrict’s sole determination would inhibit the individual’s ability to perform his/her duties in a reliable, competent and trustworthy manner.

6. Be physically and mentally qualified to perform their assigned duties in a safe manner.

7. Have a minimum of one (1) year of actual in-field experience as a Janitorial staffmember, excluding training.

8. Perform duties in a courteous and respectful manner, refraining from using profane orvulgar language in a public area while performing work specified herein.

9. Be minimally proficient in English with the ability to receive, give and understand writtenand verbal instructions.

10. Be able to follow written procedures.

11. Have good customer service skills.

12. Maintain a neat, orderly and well-groomed appearance.

33..33..33 JJaanniittoorriiaall EEmmppllooyymmeenntt AApppplliiccaattiioonn AAnndd SSeelleeccttiioonn PPrroocceedduurreess.. Contractor shallensure that all individuals employed by Contractor at District facilities have been thoroughlyinterviewed and investigated. Contractor shall perform a complete background check on allpersons hired to perform work under the contract, including, but not limited to the contractmanager, Janitorial supervisor and Janitorial staff members. The background check andapplication for employment must comply with Equal Employment Opportunity Commission(EEOC) requirements and include the following aspects/information:

1. Copies of birth certificate, social security card, alien registration (green card) and militaryrecord.

2. Confidential lifetime medical history questionnaire.


RFP NO. 07-08-18Page 25 of 54

3. Education history from elementary school to latest educational experience, includingcopies of high school diploma or GED and college transcripts and/or diploma.

4. Verification of licenses and certifications.

5. Employment history from age eighteen (18), including a notarized statement for anyemployment gaps of one (1) month or more. Employment history shall be investigatedand verified by Contractor.

6. Motor vehicle report search for all states in which applicant resided and held a driver’s license.

7. Drug and alcohol testing for all applicants; ten-panel preferred.

Contractor shall maintain a personnel file for each employee. The file shall contain the aboveinformation in addition to copies of all licenses and certifications. The personnel file shall bemade accessible and delivered to the District’s Project Managers within twenty-four (24) hoursof his/her request. In addition, prior to the assignment of a staff member, the Contractor shallsubmit to the District’s Project Managers, a certification attesting to the fulfillment of allrequirements noted above.

33..44 DDEESSCCRRIIPPTTIIOONN OOFF SSEERRVVIICCEESS

The objective of this contract is to provide for full service maintenance of the District’s facilities. The successful contractor shall provide all labor, some consumable materials, supervision,tools, equipment, transportation and all effort necessary to perform said services. Contract isexpected to begin on or about June 30, 2008.

Facilities to be maintained include the following. The District reserves the right to add or deletelocations as necessary:

1. Headquarters Office Building - Martinez2. Plant Operations Building–Martinez3. Laboratory - Martinez4. Household Hazardous Waste Facility - Martinez5. Collection Systems Operations Headquarters–Walnut Creek

Building/site plan documents, detailed scope of work and hours of operations are included asAttachments to the RFP.

3.5 CONTRACTOR REQUIREMENTS

In the performance of the contract, Contractor shall:

1. Provide the names of all Janitorial staff members assigned under the contract and thenames of any replacements as soon as changes occur.


RFP NO. 07-08-18Page 26 of 54

2. Provide the results of any background checks for Janitorial staff members whenrequested to do so by the District’s Project Manager.

3. Be responsible to ensure that Janitorial staff members are on time and performing theirduties as scheduled.

4. Ensure that each new Janitorial staff member assigned under the contract receives theDistrict’s safety orientation and has their photo-identification prepared.

5. Keep itself fully informed of, and shall observe and comply with, all laws, ordinances andregulations which in any manner affect those engaged or employed on any work, or inany way affect the performance of any work, and of all orders and decrees of agencieshaving any jurisdiction or authority over work performed under the contract.

3.5.1 Standards Of Work. Contractor shall perform services in a manner commensurate withthe highest professional standards and best industry practices, using qualified and experiencedpersonnel. Contractor shall give his personal attention to the fulfillment of the contract and keepwork under his control. Subcontractors will not be allowed.

Contractor shall ensure that all employees wear photo-identification badges, to make clear to allobservers that they are employed by the Contractor.

Only those thoroughly familiar with the requirements of the contract will be employed on theDistrict’s sites. Any Janitorial staff member or Janitorial supervisor employed on the work by thecontractor, who shall perform his work in a manner contrary to the requirements or safetydirectives contained herein, shall be discharged immediately, and such persons shall not againbe employed on the work.

33..55..22 SSttaarrtt--UUpp.. Contractor shall deploy all Janitorial staff to the District no later than the dateagreed upon by Contractor and the District’s Project Manager in the post-award meeting.

33..55..33 PPhhoottoo--IIddeennttiiffiiccaattiioonn.. Contractor shall issue photo identification cards to all Janitorialstaff members and ensure that each individual carries it when on duty. Each card shall contain(1) a photo insert of the individual (2) individual’s full name (3) identifying number such as social security or employee number (4) individual’s signature.

33..55..44 RReeppllaacceemmeenntt OOff IInnddiivviidduuaallss.. The District’s Project Managers will have final approvalas to which janitorial personnel may be assigned under the contract. The District reserves theright to request the replacement of any Janitorial staff member or Janitorial supervisor withinone (1) day.

33..55..55 CCoonnttrraacctt NNoonn--CCoommpplliiaannccee.. The District will not tolerate repetitive violations and non-compliance with the specifications, terms and conditions of the contract. The District’s Project Manager will identify any violation, infraction or omission of the requirements of the contract.The District’s Project Managers will notify the Contractor in writing of any violations, infractions, acts or omissions. The Contractor shall prepare a written response to the District’s Project Manager within two (2) days of receipt of the letter as to the action taken to prevent the violationor discrepancy from reoccurring.


RFP NO. 07-08-18Page 27 of 54

3.5.6 CCoonnttrraaccttoorr SSaaffeettyy DDuuttiieess.. Contractor shall at all times so conduct his/her work as toinsure the protection of persons and property in a manner satisfactory to the District. All workand materials shall be in strict accordance with all applicable federal, state, city and countyrules, regulations, and codes, and attention is specifically drawn to the requirements of FED-OSHA and CAL-OSHA. Contractor shall immediately cease any act or action if the District’s representative determines that such act or action is unsafe and orders that such act or actioncease.

Contractor’s employees will be required to attend a District Safety Orientation prior to commencing work under this contract. All employees that will be assigned to work under thiscontract shall be required to attend this orientation. Any employee hired after the initialorientation shall be required to attend an orientation prior to beginning work under the contract.

Hazardous Conditions. Contractor is hereby informed that work on this Project could behazardous and physically dangerous to workers. Contractor shall not allow a new employee tobegin work without a proper safety orientation. Contractor shall carefully instruct all personnelworking in potentially hazardous work areas as to potential dangers, including but limited to,confined spaces, potentially explosive atmospheres, handling of chemicals and possibleexposure to pathogens.

A majority of the work under the contract will be performed at the Treatment Facility. Contractoris hereby reminded that the conveyance and treatment of raw sewage and its by-products canintroduce pathogenic organisms which may cause diseases such as Salmonellosis, TyphoidFever, Paratyphoid Fever, Bacillary Dysentery, Cholera, Infectious Hepatitis, Polio, AmoebicDysentery, Giardiasis, Cryptosporidiosis and others.

Contractor is advised that the work may take longer and may require special equipment in orderto properly conform to safety requirements. The Contractor shall provide personal hygiene,safety and personal protective supplies, equipment and training as are necessary to preventinjury to personnel and damage to property. Hard hats must be worn at all times whenperforming work in the Treatment Facility.

To comply with District Safety and Security standards the Contractor shall supply allemployees with communication devices while services are being performed at theContractor’s expense. Contractor shall also provide an onsite point of contact soinformation can be dispersed by District employees in case of an emergency.

Safety and First Aid Requirements. Successful Contractor shall comply with the provisions ofCalifornia Code of Regulations Section 1502 & 1512, et. seq. regarding safety and first aid kitson site.

Safe Handling of Chemicals. Contractor must comply with all precautions and handlingrequirements on product label for all chemicals utilized in the work specified herein. Contractorshall, prior to any chemical use, submit for approval by the District’s representative, a list of all chemicals proposed for use under this contract. All requests for approval submitted to theDistrict shall include the Material Safety Data Sheet (MSDS) applicable to each chemicalproposed to be used.


RFP NO. 07-08-18Page 28 of 54

Combustible Materials. Contractor shall not store combustible materials of any kind in anyDistrict building and Contractor shall consider contaminated buckets, mops, cloth and brushesas potentially subject to spontaneous heating and shall not store such items in District facilities.

District Review of Contractor’s Safety Practices. The services of the District in conducting areview and inspection of Contractor's performance is not intended to include review of theadequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures,in, on, or near the construction site.

All costs in connection with meeting the safety requirements specified herein shall be borne byContractor.

SSEECCTTIIOONN FFOOUURRPPRROOPPOOSSAALL FFOORRMMAATT//CCOONNTTEENNTT//EEVVAALLUUAATTIIOONN CCRRIITTEERRIIAARRFFPP NNOO.. 0077--0088--1188

44..11 PPRROOPPOOSSAALL IINNSSTTRRUUCCTTIIOONNSS

Proposals are to be organized and submitted in accordance with the instructions in this section.Proposals shall be based solely on the material contained in this Request for Proposal.

Offerors shall submit a proposal to the District that shall be a single, all inclusive projectsubmittal in the quantity, and by the submittal date, required in this Request for Proposal. TheDistrict discourages overly lengthy and costly proposals. Offerors are encouraged to take carein completely answering questions and meeting proposal requirements and to avoid submittingextraneous materials and information that do not show how the Offeror intends to meet therequirements. In order for the District to evaluate proposals fairly and completely, Offerorsshould follow the format set forth herein and provide all of the requested information.

44..22 PPRROOPPOOSSAALL RREESSPPOONNSSEE IITTEEMMSS

Offerors must respond to the Request for Proposal requirements by restating the number andthe text of the requirement in sequence and writing the response immediately after the restatedrequirement statement. The Request for Proposal is available in electronic format (MicrosoftWord) upon request to the Buyer or by downloading the proposal documents from the District’s website at:

www.centralsan.org/organization/purchasing/bidopportunities.html

Cost proposal responses, including financial statements, are to be bound separately from theother parts of the proposal. No pricing information shall appear in the Offeror’s proposal except in the financial section.


RFP NO. 07-08-18Page 29 of 54

1. General Proposal Submittal Requirements.

The following are general proposal submittal requirements:

a. Proposals are to be presented in one (1) tabbed volume as described below.Volume One shall be inclusive of Proposal Response Items 1A through 1Lcomprising Offeror’s qualifications, experience, references, proposed projectapproach and equipment specifications, as well as any supplemental materials.Volume Two shall be Offeror’s cost proposal.

b. One (1) original and four (4) copies of the proposal Volume One and one (1)original and one (1) copies of Volume Two are to be provided.

c. Proposals are to be prepared on standard 8 ½” x 11” paper.

d. Foldouts containing charts, project drawings, spreadsheets, and oversize exhibitsare permissible but not required.

e. Respondents must organize their proposal in a binder with sections and tabs.f. Table of Contents/index shall be provided in the front of each bound submittal

volume.

g. A cover letter signed by a representative of the Offeror authorized to makecontractual obligations.

All responses, as well as any reference material presented, must be written in English.All amounts shall be in U.S. dollars.

2. Proposal Content And Format Requirements.

Proposal responses should be organized into the following sections with tabscorresponding to each section and all sections submitted in an indexed binder.

Volume 1

a. Title Pageb. Table of Contentsc. Cover Letterd. Section 1A–General Informatione. Section 1B–Project Summary and Exceptions to the Proposal Requirementsf. Section 1C–Overall Solutiong. Section 1F–Performance Bondh. Section 1G–Referencesi. Section 1H–Formsj. Section 1I–Conflict of Interest Statement

Volume 2

a. Title Pageb. Section 2A–Price Proposal


RFP NO. 07-08-18Page 30 of 54

c. Section 2B–Financial Statements

3. Volume 1–Proposal Response Items.

a. Title Page.

Provide a title page labeled Volume 1, showing Offeror name, address,telephone, e-mail, and fax numbers

b. Section 1A–General Information.

1. Provide company name, address, phone and facsimile numbers as wellas website and e-mail address. Provide a brief summary of yourcompany’s history as it relates to the District’s needs specified herein; identify when it was founded, where it has operated, any mergers andacquisitions and other pertinent information that will provide an indicationof your firm’s operating stability. Supply the same information for parentcorporations, if applicable. Provide location/address of the office orbranch that will perform the work if different from the main branch.

2. Contract Performance

If Offeror has had a contract terminated for default during the past fiveyears, all such incidents must be described. Termination for default isdefined as a notice to stop performance due to Offeror’s non-performanceor poor performance and the issue was either (a) not litigated; or (b)litigated and such litigation determined Offeror to be in default. Submitfull details of all terminations for default experienced by Offeror during thepast five years including the other party’s name, address and telephone number. Present a brief description of the facts surrounding eachincident and include Offeror’s position on the matter. Exclude garnishments and similar routine matters that do not affect contractperformance. The District will evaluate the facts and may, at its solediscretion, reject Offeror’s proposal ifthe facts discovered indicate thatcompletion of a contract resulting from this Request for Proposal may bejeopardized by the selection of Offeror. If no such terminations for defaulthave been experienced by Offeror in the last five years, so indicate. TheDistrict shall reject any Offeror's proposal if it discovers any contractterminations within the stated period that were not disclosed. If none,state “None”.

3. Indicate whether or not the Offeror or principals have ever been involvedin any kind of bankruptcy proceedings. Give a summary of allproceedings and provide a listing of all significant outstanding claims orjudgments.

4. Safety Record


RFP NO. 07-08-18Page 31 of 54

Provide a history of your safety record for the last four (4) years. Includea listing of all accidents, including vehicle accidents. Provide anyinformation related to citations or warnings received from safetyregulatory agencies such as CAL-OSHA and FED-OSHA

5. Account Representative or other selected person to contact forclarification of any item contained in the proposal. Include telephone andfax numbers and email address if different from above.

6. Specify legal status of organization (ex. individual, partnership,corporation) and, if applicable, indicate whether you are a small business,disadvantaged business, minority and/or women-owned business.

7. Certification statement from photocopy equipment manufacturer namingContractor as an authorized dealer.

8. Provide your Federal Tax ID number.

9. Provide surety information for all sureties –General and AutomobileLiability, Worker’s Compensation and Performance Bond.

10. A copy of any permits and licenses required.

c. Section 1B – Project Summary and Exceptions to the ProposalRequirements.

1. Summarize your understanding of the needs of District, the requirementsof the project and any special considerations of which District should beaware.

2. Exceptions to the requirements of the RFP should be clearly delineated inthis section under the heading “Exceptions to the Specifications”. A cross-reference to each RFP requirement shall be made. Note: Districtreserves the right to reject any proposal containing such deviations or torequire modifications before acceptance.

3. In addition, you are invited to include a maximum of four (4) pages ofinformation that has not specifically been requested in this RFP, if youfeel it may be useful and applicable to this project.

4. The information in this section will aid District in the refinement of thescope of work during contract negotiations.

d. Section 1C–Overall Solution.

Provide a comprehensive solution for the following:

1. Janitorial Services

Manpower Hours of execution


RFP NO. 07-08-18Page 32 of 54

e. Section 1F–Performance Bond.

The respondent shall enclose a letter of commitment from a bonding company forthe performance bond with proposal. The bond shall be obtained within thirty(30) days of the award of contract. The bond value is to be 10% of the firstyear’s annual contract value. Irrevocable letters of credit may be substituted for the required bond at the discretion of the Purchasing and Materials Manager.

f. Section 1G–References.

Provide five references for account similar in size. For each reference indicate:

1. Account name

2. Location, including mailing address

3. Contact person and title (currently employed by the company)

4. Telephone and fax numbers, email and website address

5. Description of contract, number of copiers for account

6. Years this account has been serviced

Note: References will be contacted and any negative responses received fromthe references may disqualify your proposal from further consideration.Additionally, should the District be unable to verify Offeror’s qualification/experience from said references, your proposal may bedisqualified from further evaluation.

g. Section 1H–Forms.

1. Offeror Certification Regarding Debarment

2. Worker’s Compensation Insurance Certificate

3. Equal Employment Opportunity Certificate

4. Confidentiality Agreement

5. Statement of OSHA requirements

h. Section 1I–Conflict of Interest Statement.

Disclose any financial, business or other relationship with District or any memberof District staff that may have an impact on the outcome of the project.


RFP NO. 07-08-18Page 33 of 54

4. Volume 2 - Proposal Response Items.

a. Volume 2 shall be marked with the phrase “Confidential Pricing Information”.

b. Title page

Provide a title page labeled Volume 2, showing Offeror name, address,telephone, e-mail, and fax numbers.

c. Section 2A–Cost Proposal Form

The cost proposal shall be prepared using the format shown in Form 1.

d. Section 2B–Audited Financial Statements

1. Provide audited financial statements for the past two (2) years (Submitone copy for each of the two most recently-audited years). Financialstatements must have been completed by a Certified Public Accountantand shall be prepared in conformity with generally accepted accountingprinciples (GAAP). If the Offeror is a partnership or joint venture,individual financial statements must be submitted for each general partneror joint venture thereof. If Offeror is not a publicly held corporation, it maycomply with the requirements of this section by providing the followinginformation:

Provide a banking reference.

Provide a credit rating and name the rating service.

Disclose any and all judgments, pending or expected litigation, orother real or potential financial reversals that might materiallyaffect the viability or stability of the firm, or alternately, warrant thatno such condition is known to exist.

44..33 EEVVAALLUUAATTIIOONN PPRROOCCEESSSS

44..33..11 TTiieerr 11 -- AAddmmiinniissttrraattiivvee SSccrreeeenniinngg.. AAllll pprrooppoossaallss wwiillll bbee rreevviieewweedd ttoo ddeetteerrmmiinnee iiff tthheeyy aarreerreessppoonnssiivvee aanndd mmeeeett tthhee aaddmmiinniissttrraattiivvee aanndd mmiinniimmuumm rreeqquuiirreemmeennttss aass ssppeecciiffiieedd iinn tthhee RReeqquueessttffoorr PPrrooppoossaall.. OOnnllyy tthhoossee pprrooppoossaallss mmeeeettiinngg tthhee rreeqquuiirreemmeennttss wwiillll bbee ffuurrtthheerr eevvaalluuaatteedd uussiinngg tthheeccrriitteerriiaa sseett oouutt iinn tthhiiss sseeccttiioonn.. HHoowweevveerr,, tthhee DDiissttrriicctt rreesseerrvveess tthhee rriigghhtt ttoo rreeqquueesstt aaddddiittiioonnaalliinnffoorrmmaattiioonn ffrroomm aannyy oorr aallll OOffffeerroorrss iinn oorrddeerr ttoo ccoommpplleettee tthhee eevvaalluuaattiioonn..

44..33..22 TTiieerr 22 -- PPrrooppoossaall EEvvaalluuaattiioonn CCrriitteerriiaa AAnndd PPooiinnttss.. PPrrooppoossaallss tthhaatt ppaassss aaddmmiinniissttrraattiivveessccrreeeenniinngg wwiillll bbee eevvaalluuaatteedd aanndd ssccoorreedd bbaasseedd oonn rreessppoonnsseess ttoo tthhee rreeqquuiirreemmeennttss iinn tthhee RReeqquueessttffoorr PPrrooppoossaall..


RFP NO. 07-08-18Page 34 of 54

The District shall review each Offeror’s proposal for completeness, conformity to the District’s requirements and to ascertain Offeror experience, qualifications, and financial stability. Uponcompleting the evaluation of the Offerors’ written responses to the Request for Proposal, those Offerors’ submitting the highest rated proposals may be invited to meet with the District to discuss their project approach. The District reserves the sole right to determine which Offerorswill be selected to meet with the District. The interview may include an evaluation of Offeror’s responses to hypothetical scenarios presented by the District as well as a presentation byOfferor and a question/answer period.

Proposals will be evaluated against the criteria set out below in this section. The same criteriawill be applied to all proposals. The criteria listed below provide a general guideline to denotethe District’s priorities as related to the project described herein. The District reserves the rightto amend the selection criteria and values assigned to the criteria when deemed to be in thebest interest of the District.

1. Selection of the successful proposal shall be generally based on the informationprovided by the Contractor in response to the RFP and any subsequent interviews andequipment demonstrations that District may opt to be conducted. Contractorinterviews will be held solely at the option and discretion of District. The processfor selection shall occur in the following sequence:

a. Review proposals to identify the responsive, qualified respondents

b. Establish a list of responsive, qualified respondents

c. Interview these respondants, if District desires

d. Identify qualified Contractor that represents most effective solution

e. Recommend Award to District Board

Award of contract will not be based solely on price.

Award of contract shall be made to the responsive, responsible offeror meeting thespecifications and requirements of the RFP and having the lowest proposal and satisfactoryqualifications and performance record. The following criteria will be used in this determination:

A. Merit of proposal thoroughness.

B. Knowledge and expertise

C. Past experience.

D. Merit of proposal/presentation

E. Pricing

F. Financial Stability


RFP NO. 07-08-18Page 35 of 54

2. A project Selection Committee will be formed to evaluate the proposals and to makerecommendation to District management.

a. The committee will review the proposals for responsiveness to RFP and meetingminimum requirements in order to develop a list of responsive, qualifiedrespondents.

b. District does not guarantee that an interview will take place, thus reservingthe right to select a Contractor based solely on the information provided inthe proposals received in response to the RFP and, if requested, theequipment/software demonstrations. Should an interview take place, the keyContractor personnel responsible for fulfilling the requirements of the project shallbe required to be present for the interview.

c. The Committee will address the following criteria in evaluation of proposals inorder to gauge the ability of a Contractor to perform the contract as specified.The same general criteria will be used to judge both the proposal and thepresentation, should District choose to conduct interviews with the qualifiedofferor.

Criteria As Demonstrated By WeightMerit of proposal/presentation Proposal thoroughness

and approach 5

Knowledge and expertise Capability of personnel,firm qualifications andexperience; adequacy ofstaff to perform work

25

Overall strategy in providingrequired services

Offeror’s understanding of the needs of District;exceptions taken

15

Record of past performance References 25Financial stability,Pricing

Financial Statements,Best Value 30

d. Prior to the award of contract, District must be assured that the offeror selectedhas all of the resources required to successfully perform under the contract. Thisincludes, but is not limited to, personnel with the skills required, andequipment/materials and financial resources sufficient to provide services calledfor under this contract. If, during the evaluation process, District is unable toassure itself of the Offeror’s ability to perform under the contract, if awarded, District has the option of requesting from the Offeror any information that Districtdeems necessary to determine the Offeror’s capabilities. If such information is required, the Offeror will be notified and will have seven (7) working days tosubmit the requested information.


RFP NO. 07-08-18Page 36 of 54

Successful Offeror shall be required to submit a Strategic Work Plan whichshould include a schedule of tasks for janitorial services and a qualityinsurance plan.

44..44 AAWWAARRDD OOFF CCOONNTTRRAACCTT

Time is of the essence of this contract. The successful offeror shall execute thecontract, including but not limited to signing all necessary documents andsubmitting all required bonds and evidences of insurance, within ten (5) days afterthe notice of award. One copy of the contract will be returned to the Contractorafter the District executes the contract. In case of failure of the Contractor toexecute and return the contract and all required documents within the timeallowed, the District may, at its option, consider that the offeror has abandoned thecontract, in which case the bid security shall be forfeited by the offeror and becomethe property of the District. After the contract has been executed, including theinsurance documents, certificates, a Notice to Proceed will be issued.

.

Central Contra Costa Sanitary District

Janitorial ServicesRFP NO. 07-08-18

AAttttaacchhmmeennttssRRFFPP NNOO.. 0077--0088--1188

1. CCCSD Martinez facility detailed scope of work2. CCCSD Martinez locations with hours of operations3. CCCSD Walnut Creek facility detailed scope of work4. CCCSD Walnut Creek locations with hours of operations

FFoorrmmss

1. Cost Proposal Form2. Offeror Certification Regarding Debarment3. Workers’ Compensation Certificate4. Confidentiality Agreement5. Statement of OSHA Compliance6. Contract Terms Acceptance



ATTACHMENT 1

CCCSD MARTINEZ FACILITY DETAILED JANITORIAL SCOPE OF WORK

OFFICE AREAS/ENTRY AREAS/HALLWAYS-CORRIDORS

Areas include: Offices, conference rooms, partitioned office areas,lobby/reception area, copy machine areas, hallways, corridors, breezeways,permit counter area

DAILY:

Wipe clean of all marks, fingerprints, and spider webs, entrance doors(entire surface, both sides), door jambs and all surrounding glass (mainentrance)

All carpet vacuumed. Spot cleaned (as needed)

Tile/hard floor surfaces dust mopped and wet mopped

Entryway mats vacuumed.

All wastebaskets and any other trash receptacles emptied and linersreplaced as needed

Spot clean walls particularly around light switches, elevator fronts andcorridors

Dust desk, chairs, office furniture, and partition tops

Properly arrange furniture in offices

Clean and polish all drinking fountains

Fill paper towel & soap dispensers

WEEKLY:

High/low dusting: Mini-blinds, window sills, picture frames, plaques, plants,cabinets, bookshelves, file cabinets



Additional cleaning: File cabinet handles/drawers (finger prints)All upholstery (chairs, sofas, desk chairs, pillows) cornershand brushed and vacuumed. All stairways swept andrailings wiped clean. Telephones disinfected, vacuum bagsreplaced, and janitorial rooms detailed

MONTHLY:

Clean windows, cobwebs (all high, low and horizontal corners, lightfixtures, ductwork



KITCHEN / LUNCHROOM

DAILY:

All tables, chairs countertops and sinks sanitized, cleaned and dried. Allchrome fixtures polished and all handles wiped clean (drawers, doors)

Microwave ovens cleaned inside and out

Empty waste cans and replace liners. Empty recycling containers andreplace clear liners: (office paper, aluminum, glass and cardboard) andplace in appropriate recycling receptacles outside (unless otherwisenoted)

Dust mop floors, wet mop floors (disinfectant) and rearrange chairs

WEEKLY:

Clean windows, dust blinds and window sills, wipe down including andfrom top to bottom all vending machines

Refrigerators wiped down including and from top to bottom, rubbergaskets inside door also wiped down

MONTHLY:

Refrigerators pulled away from wall and floor dust mopped and wetmopped

Wash down entire surfaces of cabinets (upper and lower)

Spot clean walls



RESTROOMS

DAILY:

Clean and sanitize door push plates/handles and clean entire door (both sides)

Clean all mirrors and light fixtures (decorative and protective metals)

Toilets: Flush, clean base and rim, apply disinfectant and using bowl brush,begin under rim, around water outlet holes. Down through and under bowl trap(entire inner bowl surface including beneath water line)

Clean and dry seat (both sides) clean and dry bowl fixture

Urinals (same as toilets)

Clean sinks, countertops, and fixtures and polish fixtures

Clean, refill, and restock sanitary napkins, soap, paper towels, seat covers, andtoilet tissue dispensers and fixtures

Empty waste receptacles replace liners, clean, sanitize, and polish

Wash partitions walls from top to bottom (including top of partition)

Sweep, dust mop, and wet mop (with disinfectant) floors

MONTHLY:

Dust and clean door jambs

All walls spot cleaned (tiled and painted surfaces)



LOCKER ROOMS/ SHOWER AREAS

DAILY:

Floors swept/mopped (disinfect)

Empty waste receptacles replace liners, clean, sanitize, and polish

WEEKLY:

Clean and sanitize all walls and floor inside shower itself

Clean and sanitize and dry shower doors, handles, and fixtures

Clean and sanitize any and all benches

Clean and disinfect any rubber mats, sweep, and wet mop (disinfectant)

Any flooring beneath rubber mats and all other floor surfaces

Clean and refill soap and shampoo dispensers

Clean around and behind washer and dryer in Men’s and Women’s POD Locker Room

MONTHLY:

All walls spot cleaned (tiled and painted)

Clean and sanitize locker fronts (built-ins), sides and tops



BOARD ROOM / CAUCUS ROOM

EVERY OTHER WEDNESDAY BEFORE BOARD MEETING (PER CALENDAR):

Entrance doors, door jambs, and surrounding glass cleaned of all marks,fingerprints, and spider webs (both sides of doors)

Carpets vacuumed. Spot clean (as needed)

Spot clean walls particularly around light switches

Dust and clean counters, desktops, podium, and glass-top table (caucus room)

Wastebaskets emptied and liners replaced

Clean and polish sink and fixtures

Dust blinds, clean window sills and clean (de-web) all high, low, and horizontalcorners and light fixtures

Maintain proper placement of chairs when complete



SPECIAL AREAS OF CLEANING/ SPECIAL DUTIES

MIS Room

1) Empty garbage two times a week2) Vacuum and dust once a week

Control Room in POD/ Operator area /Supervisor Operator office

1) Empty garbage daily2) Mop and Sweep daily3) Vacuum and dust (in office) weekly

Stairwells

1) Sweep weekly2) Mop monthly

Elevator (HOB)

1) Sweep and Damp mop daily

Recycling

1) Daily collect glass, plastic, aluminum, paper, tin, newspaper recyclable materialsfrom seven plant locations using clear plastic bags for paper. Dump recyclablematerial in appropriate totes or dumpster outside in back of HOB building. Blacktotes in back of HOB are for glass, plastic, aluminum, and tin recyclables. *Donot dump plastic bags in the black totes just dump recyclable materials.White dumpster is for all paper products including newspaper.

2) Daily collect and dump paper recyclables from HOB and POD cubicles and copycenters per quote dated September 15, 2006 ($449.00 per month) Dumprecyclable paper in appropriate bin outside in back of HOB building. *Do notcombine wet trash and recyclable products when collecting paper inoffices. White dumpster in back of HOB is for all paper products includingnewspaper.

3) Clear bags need to be used when collecting recycled paper products

4) Daily collect boxes from HOB copy room areas; break boxes down and stage in



Garden Level garage.

5) Daily collect boxes from POD areas:a) Under mail slots in front of poolb) Corridor facing HOB; back entrance to POD

Break boxes down and stage in Garden Level garage

6) Daily collect boxes at recycle areas at the MRC and Solids Building. Breakboxes down and stage in Garden Level garage

7) Twice a week dump cardboard boxes in yellow dumpster specifically forcardboard boxes in front of Lab.

Hard Floor Maintenance

Scrub and Seal, six times per year the below hard surface areas.

HOB 2 Break rooms; Scrub and Wax 4 times per yearBasement lobby tile; Scrub and Wax 4 times per year8 restrooms and locker room; Scrub andrinse only 4 times per yearFirst floor main lobby and breezeway;Scrub and Seal 4 times per year

POD Pool area, MRC hallway, locker room, 4 times per yearhallway, stairs, and landing tile; Scrub andSeal1 kitchen; Scrub and Wax 4 times per year2 Restrooms/locker rooms; Scrub only 4 times per year4 Restrooms; scrub only 4 times per year

Solids Restroom/ Locker Room; Scrub only 4 times per year1 Restroom; Scrub only 4 times per yearKitchen; Scrub and Wax 4 times per year

Warehouse 2 Restrooms; Scrub only 4 times per year

MRC Locker Rooms and Restrooms; Scrub only 4 times per yearEntryway, hallway, lunch rooms; Scrub 4 times per yearand Wax

LAB 2 Restrooms; Scrub only 4 times per year

HHW Kitchen, hallway; Scrub and Wax 4 times per yearRestroom; Scrub and Wax 4 times per year



ATTACHMENT 2

SSEERRVVIICCEE LLOOCCAATTIIOONNSS

SITE/ADDRESS LOCATION SERVICEINTERVAL

CONTACT PERSONPHONE NUMBER

Treatment Facility & Headquarters5019, 4737, 4797 Imhoff Place,Martinez

5pm-5amM-F

Rick Ginn925-229-7218

Annex

RestroomsLocker Room Showers

Locker Room FloorOffices/Entry 5pm-5am

M-FRick Ginn

925-229-7218

Mechanical Maintenance Restroom5pm-5am

M-FRick Ginn

925-229-7218

MSBOffice AreaKitchen Area

5pm-5amM-F

Rick Ginn925-229-7218

MRC

LunchroomLocker Room/Restroom (2)

Library FloorRestroom

Entry/Hallways5pm-5am

M-FRick Ginn

925-229-7218

HHW

RestroomsLunchroomsOffices/EntryRestrooms

5pm-5amM-F

Rick Ginn925-229-7218

HOB

Offices/EntryRestrooms

Break RoomsLunch Room/ Shower Room

Conference RoomsBreezewayStairwaysElevators

Copy RoomsSecretary/Security Area in

Lobby5pm-5am

M-FRick Ginn

925-229-7218



Solids Building

RestroomsLocker Room Showers

Locker Room FloorLunchroomBreak Room

5pm-5amM-F

Rick Ginn925-229-7218

POD

Offices/EntryControl Room

RestroomsLocker Room/Restroom (2)

Tile Floor CorridorsTile Floor Pool Area

Hallway to Locker RoomsLocker Room Showers

StairsLunchroom

Shift Supervisor OfficeMIS Room

5pm-5amM-F

Rick Ginn925-229-7218

Laboratory

RestroomsLunchroomsOffices/Entry

CorridorLab Area

5pm-5amM-F

Rick Ginn925-229-7218

Board Room/ Caucus Room Attachment A5pm-5amBi-weekly

Rick Ginn925-229-7218

Bay 6 and 11Restrooms

Offices

5pm-5amBi-weekly Rick Ginn

925-229-7218

** Bay 6 and 11 need advanced notice for entry **



ATTACHMENT 3

CCCSD WALNUT CREEK FACILITY DETAILED JANITORIAL SCOPE OF WORK

Restrooms, locker and shower rooms, and mud room(s)

Daily:

Clean restroom fixtures, countertops, toilet bowls, urinals and basins, mirrors,decorative and protective metals, including undersides and tops of toilet seats.

Disinfect toilet seats top and bottom, sinks and faucets. Sweep and damp-mop floors, using disinfectant. Shake out floor mats. Clean, refill and restock soap, shampoo, paper towel, toilet tissue, toilet seat cover,

sanitary napkin and deodorant dispensers and fixtures Spot-clean and dust walls, partitions, splash plates, windowsills and related

structures. Polish chrome. Clean and sanitize shower room walls, ceilings and floors, including under rubber

mats. Clean rubber mates with disinfectant. Clean entrance door’s push plates and sanitize. Empty waste and sanitary containers and remove waste to yard bin. Compact waste cardboard and store behind outside trash bin. Clean mirrors.

Weekly:

Sanitize and polish waste and sanitary containers; replace liners (more often ifnecessary).

Scrub toilet room floors and disinfect. Sanitize, disinfect and deodorize toilet bowls and tanks, and urinals. Wash surfaces such as walls, partitions, and mop boards around urinals and toilets. Dust doorjambs and door tops and perform dusting of high areas such as locker

tops. Wipe down with cleaner and disinfectant the fronts and tops of lockers. Clean remaining baseboards and door kick plates.

Monthly:

Clean and spray-buff floors. Wipe ventilation duct surfaces



Kitchens, lunchrooms, and coffee counters

Daily:

Clean, disinfect, and polish sinks and countertops. Wipe down tables and chairs. Empty, clean, and sanitize waste containers, replace liners and remove waste to

yard bin. Clean and refill soap and towel dispensers. Clean microwave interior. Compact Waste cardboard and place in outside trash bin Sweep and damp-mop floors with disinfectant/cleaner.

Weekly:

Clean and polish appliance exteriors, including refrigerator, microwave,coffeemaker and vending machines.

Monthly:

Clean refrigerator’s interior surfaces. Clean and spray buff floors.



Office areas and meeting rooms

Daily:

Sweep tile and resilient floors with chemically treated dust mop and damp mopas necessary, including interior stairways.

Dust desks, chairs, files and other office furniture. Empty and replace liners in wastebaskets and remove waste to trash bin. Vacuum all carpeted areas. Clean, sanitize, and polish drinking fountains. Clean glass on entry doors. Spot-clean metal on entry doors. Spot-clean woodwork, walls, doors, switches, partitions, doorframes, doorknobs,

counter tops, and chair mats. Shake out floor mats. Spot-clean glass doors, door glass, and partition glass. Spot-clean all upholstered furniture and carpets. Clean janitorial closets and keep supplies stocked and orderly. Dump mop bucket water into drains in janitor closets or out in vehicle wash rack

drain.*Under no circumstances is any water or chemicals to be discharged to parking lotsurface areas

Weekly:

Perform high dusting (door sashes, tops of partitions, high cabinets, artwork andpicture frames, overhead lighting fixtures, ventilation ducts, etc.).

Clean and polish office equipment and wooden furniture. Damp-mop floors. Vacuum upholstered furniture. Clean picture glass and stair railings. Dust ledges, windowsills, exposed shelving and baseboards. Vacuum carpet edges and corners. Clean entrance mats or grates. Clean and sanitize telephones. Clean baseboards.

Monthly:

Clean and spray buff tile and resilient floors. Clean chair mats. Clean glass doors and door glass.



Thoroughly dust and clean all window blinds.

Training room (Note: This room shall be cleaned every Monday)

Weekly:

Dust podium, chairs, and tables. Empty and replace liners in wastebaskets and carry trash to trash bin. Vacuum all carpeted areas. Spot-clean upholstered furniture and carpets. Spot-clean woodwork, walls, doors, switch plates, and door frames. Dust ledges, windowsills, exposed shelving and baseboards.

Monthly:

Perform high dusting. Vacuum upholstered furniture. Clean baseboards. Thoroughly dust and clean window blinds or draperies.

Storage rooms, utility spaces, computer room

Weekly:

Dusting, including high dusting, of all surfaces with feather duster only. Sweep and damp mop resilient flooring. Vacuum carpeted areas taking care to avoid any machinery. Clean glass in doors and windows.

Exclusions

The Vehicle and Equipment shop area of 1260 Springbrook Road shall not bemaintained under this contract.



ATTACHMENT 4

SSEERRVVIICCEE LLOOCCAATTIIOONNSS

SITE/ADDRESS LOCATIONSSERVICE

INTERVAL CONTACT

Collection Systems Operations1250 Sprngbrook, Walnut Creek

Office, Restrooms,Lunchroom, Utility Room,Workout Room, TrainingRooms Conference Room,Hallways

4pm-5amM-F

Don Rhoads925-229-7157

1260 Springbrook, Walnut CreekOffices, Break Room, LockerRoom, Storage Rooms

4pm-5amM-F

Don Rhoads925-229-7157

1268 Springbrook, Walnut Creek Offices, Kitchen, Restroom4pm-5am

M-FDon Rhoads925-229-7157



FORM 1

Name of Firm, or Corporation

_________________________________________________________ Date:_______Signature of Offeror’s Authorized Representative

CCOOSSTT PPRROOPPOOSSAALL FFOORRMM

TO BE EXECUTED BY OFFEROR AND SUBMITTED WITH PROPOSAL

TO: CENTRAL CONTRA COSTA SANITARY DISTRICTRFP NO. 07-08-18–Janitorial Services

Location Price Multiplier AnnualWalnut Creek $ per

monthX 12 months = $

Treatment Facility &Headquarters

$ permonth

X 12 months = $

$



FORM 2

OOFFFFEERROORR CCEERRTTIIFFIICCAATTIIOONNRREEGGAARRDDIINNGG DDEEBBAARRMMEENNTT



In accordance with Public Contract Code Section 10162, the Offeror hereby completes, underpenalty of perjury, the following questionnaire:

Has the Offeror, or any office of the Offeror, or any employee who has a proprietary interest inthe Offeror, ever been disqualified, removed, or otherwise prevented from bidding on, orcompleting a federal, state, or local government project because of a violation of law or a safetyregulation?

Yes______ No______

If the answer is yes, explain the circumstances in the following space:

Offeror hereby certifies the following under penalty of perjury:

Has the Offeror, or any office of the Offeror, or any employee who has a proprietary interest inthe Offeror, ever been disqualified, removed, or otherwise prevented from bidding on, orcompleting a federal, state, or local government project because of a violation of law or a safetyregulation?

Yes______ No______

If the answer is yes, explain the circumstances in the following space:

_____________________________________________________________Name of Firm, or Corporation

___________________________________________________________________Signature of Offeror’s Authorized Representative

___________________________________________________________________Name & Title of Authorized Representative

___________________________________________________________________Date of Signing



FORM 3

WWOORRKKEERRSS’’CCOOMMPPEENNSSAATTIIOONN IINNSSUURRAANNCCEE CCEERRTTIIFFIICCAATTEE



I am aware of the provisions of Section 3700 of the Labor Code that requires everyemployer 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 suchprovisions before commencing the performance of the work under this contract.




___________________________________________________________________Date of Signing



FORM 4

CCOONNFFIIDDEENNTTIIAALLIITTYY AAGGRREEEEMMEENNTT



The undersigned, a duly authorized officer of ____________________________ doeshereby represent, warrant and agree to the following statement:

“All financial, statistical, personal, technical or other information relating to the District’s operation which are designated confidential by the District and made available to theundersigned shall be protected by the undersigned from unauthorized use anddisclosure”




___________________________________________________________________Date of Signing



FORM 5

SSTTAATTEEMMEENNTT OOFF OOSSHHAA CCOOMMPPLLIIAANNCCEETo Be Executed By Offeror And Submitted With Proposal

TO: CENTRAL CONTRA COSTA SANITARY DISTRICTRFP No. 07-08-18 Annual Contract for Janitorial Services

Contractor’s equipment complies in all respects to the Occupational Safety and Health Act of 1970 and all revisions thereto

_____________________________________________________________Name of Offeror (Person, Firm, or Corporation)

___________________________________________________________________Signature of Offeror's Authorized Representative


___________________________________________________________________Date of Signing



FORM 6

CONTRACT NO. XXXWITH XXXXXXXXXXXX

FOR

XXXXXXX SERVICES

This Contract is entered into as of the day of , 2006,between XXXXXXXXXXXXX hereinafter called “Contractor” and the Central Contra Costa Sanitary District, hereinafter called “District”. The Contractor and the District, in consideration of the mutual covenants, promises and agreements herein contained, agree as follows:

SCOPE OF WORK:

CONTRACT DOCUMENTS: The Contract Documents consist of this signed Contract,including the General and Special Conditions, including Exhibit A –Request for Proposal,Exhibit B –Contractors proposal and Exhibit C –Pricing Data, all of which are incorporatedherein by reference. Where the terms of this Contract and Exhibits A and B are at variance, theprovisions of this Contract shall prevail. Where the terms of this contract and Exhibits A and Bare at variance, the provisions of this Contract shall prevail.

SAFETY REQUIREMENTS: Contractor shall comply with all local, State and Federal safetyregulations, as well as those requested by the District in writing. At no time shall District safetyrequests conflict with local, State and Federal regulations.

COMPENSATION: The District will pay Contractor compensation in accordance with theprices set forth in Exhibit C, Pricing Data, and with the payment provisions of this Contract.

AUTHORIZATION: Both the District and Contractor do covenant that each individualexecuting this document by and on behalf of each party is a person duly authorized toexecute contracts for that party.

In witness whereof, the District and Contractor have executed this Contract on the date firstabove written.

FAX: (925) 825-1437

CHARLES W. BATTSGeneral Manager

KENTON L. ALMCounsel for the District

(510) 808-2000

ELAINE R. BOEHMESecretary of the District



CONTRACTOR Contractor License InformationState License Number (PPO)

By:

Name Printed:

Title:

Date:

Taxpayer I.D.:

CENTRAL CONTRA COSTA SANITARY DISTRICT5019 Imhoff PlaceMartinez, CA 94553925-228-9500

By:James M. WarringtonPurchasing and Materials Manager

Date:



GENERAL CONDITIONSCONTRACT NO. XXX

1. DEFINITIONS: The following terms shall be given the meaning shown, unless context requires otherwise or a unique meaningis otherwise specified.

a) “Business Entity” means any individual, business, partnership, joint venture, corporation, S-corporation, limited liability corporation, limitedliability partnership, sole proprietorship, joint stock company, consortium or other private legal entity recognized by statute.

b) “Buyer” means the District’s authorized Contracting official.

c) “Contract” means this purchase order, Contract or agreement, by whatever name known or in whatever format used.

d) “Contractor” means the business entity with whom the District enters into a Contract. Contractor shall be synonymous with “supplier”, “vendor” or other similar term.

e) “District” means the Central Contra Costa Sanitary District, its employees and authorized representatives.

2. COMPLETE INTEGRATION: This Contract, including any documents incorporated herein by express reference, is intended to be acomplete integration and there are no prior or contemporaneous different or additional agreements pertaining to the subject matter of theContract. All parts of the Contract are intended to be correlative and complementary, and any work required by one part and not mentioned inanother part shall be performed to the same extent and purpose as though required by all parts. The parties shall not be bound by, or be liable for,any statement, representation, promise, inducement, or understanding of any kind or nature not set forth herein.

3. ORDER OF PRECEDENCE: In the event of any inconsistency between the articles, attachments, specifications or provisions whichconstitute this Contract, the following order of precedence shall apply:

a) Contract form, i.e., Purchase Order, Agreement, etc., including the General and Special Conditions, and any amendments thereto;

b) Specifications/Technical Specifications/Scope of Work; and

c) All other attachments incorporated herein by reference.

The specifications/technical specifications/scope of work shall prevail over any subsidiary documents referenced therein.

4. CONTRACTOR’S POWER AND AUTHORITY: The Contractor warrants that it has full power and authority to grant the rights hereingranted and will hold the District harmless from and against any loss, cost, liability, and expense (including reasonable attorney fees) arising outof any breach of this warranty. Further, Contractor affirms that it will not enter into any arrangement with any third party, which might abridgeany rights of the District under this Contract.

5. CONTRACT MODIFICATION:a) No changes, amendments, or modifications of any of the terms or conditions of the Contract shall be valid unless reduced to writing andsigned by both parties. No oral understanding or agreement not incorporated in the Contract is binding on any of the parties.

b) The District reserves the right to engage another contractor to perform the work if such engagement is in the District’s best interest.

6. QUESTIONS: If Contractor discovers any errors, omissions, discrepancies, or conflicts in the Contract, it shall immediately so inform theDistrict in writing. The District will promptly respond to such matters and so inform Contractor. Any work which is performed by Contractorsubsequent to and affected by such discoveries prior to response from the District shall be at Contractor's risk.

7. SEVERABILITY: The Contractor and the District agree that if any provision of this Contract is found to be illegal or unenforceable, suchterm or provision shall be deemed stricken and the remainder of the Contract shall remain in full force and effect. Either party having knowledgeof such term or provision shall promptly inform the other of the presumed non-applicability of such provision.

8. INDEPENDENT CONTRACTOR: Contractor represents that it is fully experienced and properly qualified to perform the class of workprovided for herein, and that it is properly licensed, equipped, organized, and financed to perform such work. Contractor and the agents andemployees of Contractor, in the performance of this Contract, shall act in an independent capacity and not as officers or employees or agents ofthe District. Nothing contained in this Contract, or any subcontract awarded by Contractor, shall create any Contractual relationship between theDistrict and any such subcontractor engaged by the Contractor.

9. AUTHORIZED REPRESENTATIVES: Before starting work, Contractor shall designate a competent, authorized representative acceptableto the District to represent and act for Contractor and shall inform the District in writing of the name and address of such representative togetherwith a clear definition of the scope of his/her authority to represent and act for Contractor and shall specify any and all limitations of suchauthority. Contractor shall keep District informed of any subsequent changes in the foregoing. All notices, determinations, instructions, andother communications given to the authorized representative by the District shall be binding upon Contractor.



10. NOTICES: Any written notice to be given to Contractor by the District may be delivered in person to Contractor's authorizedrepresentative or mailed to the address last given in writing by Contractor.

Notices to District:

CENTRAL CONTRA COSTA SANITARY DISTRICT5019 Imhoff PlaceMartinez, CA 94553-4392

Administrative Representative:Telephone:Fax:E-Mail:

Notices to Contractor:

Representative:Telephone:Fax:E-Mail:

Local Contact:Telephone:Fax:E-Mail:

11. APPLICABLE LAW: This Contract shall be governed by and shall be interpreted in accordance with the laws of the State of California;venue of any action brought with regard to this Contract shall be in Contra Costa County, Martinez, California. Each and every provision of lawand clause required by law to be inserted in the Contract shall be deemed to be inserted herein, and the Contract shall be read and enforced asthough they were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon theapplication of either party, the Contract shall be physically amended to make such insertion.. If any discrepancy or inconsistency should bediscovered between the Contract and any such law, ordinance, regulation, order, or decree, Contractor shall immediately report the same inwriting to the District. Contractor shall be responsible for the compliance by subcontractors of all tiers with the above provisions of this article.The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Contract.

12. COMPLIANCE WITH STATUTES AND REGULATIONS: Contractor warrants and certifies that in the performance of this Contract, itshall keep itself fully informed of, and shall observe and comply with, all applicable laws, statutes, rules, regulations and orders of the UnitedStates and the State of California which in any manner affect those engaged or employed on any work, or the materials used in any work, or inany way affect the performance of any work and decrees of agencies having jurisdiction or authority over the work performed under the Contract.Contractor agrees to indemnify the District against any loss, cost, damage or liability by reason of Contractor’s violation of this provision.

13. ASSIGNMENT:a) This Contract shall not be assignable by the Contractor in whole or in part without the written consent of the District. Any assignment of theperformance of this Contract without prior written consent of the District shall be voidable.

b) The District’s consent will not be given to any proposed assignment which would relieve the original Contractor or its surety of theirresponsibilities under the Contract.

c) To the extent permitted by law, the District will not unreasonably prohibit Contractor from freely assigning its right to payment, provided thatContractor remains responsible for its obligations hereunder. Any assignment of monies shall be subject to all proper set-offs in favor of theDistrict and to all deductions or retentions provided for in the Contract and particularly all money withheld, whether assigned or not, shall besubject to being used by the District for the completion of the work in the event that Contractor should be in default therein or for the payment ofclaims or liens. Such assignment will be recognized by the District if written notice thereof is given to the District at least ten (10) calendar daysbefore payment is due.

14. WAIVER OF RIGHTS:a) Any action or inaction by either party or the failure of either party on any occasion, to enforce any right or provision of the Contract, shall notbe construed to be a waiver by such party of its rights hereunder and shall not prevent such party from enforcing such provision or right on anyfuture occasion. The rights and remedies of the parties herein are cumulative and are in addition to any other rights or remedies that each partymay have at law or in equity.

b) None of the provisions of the Contract shall be considered waived by either party unless such waiver is expressly given in writing by thatparty. No such waiver shall be a waiver of any past or future default, breach, or modification of any of the terms, provisions, conditions, orcovenants of the Contract unless expressly set forth in such waiver.



15. PERMITS AND TAXES: Contractor shall, unless otherwise provided elsewhere in the Contract, at its expense, obtain all permits andlicenses and pay all charges, fees taxes, levies, duties, and assessments necessary for, and applicable to the performance of the Contract, and shallgive all public notices necessary for the lawful performance of the Contract. Contractor shall indemnify and hold harmless the District from anyliability on account of failure to obtain any and all permits and licenses and/or pay any and all such taxes, levies, duties and assessments.

16. INVOICES: Unless otherwise specified, invoices shall be sent to the address set forth herein. Invoices shall be submitted in duplicate andshall include the Contract number; item number; unit price, extended item price and invoice total amount. State sales tax and/or use tax shall beitemized separately and added to each invoice as applicable.

17. PAYMENT:a) Payment will be made within thirty (30) days of:

(i) the date of acceptance of goods or performance of services; or(ii) receipt of an undisputed invoice, whichever is later.

b) Payment will be made by the District provided that the work is satisfactory and accepted by the District and that the contract is free of all liensand encumbrances.

18. SURVIVAL: Notwithstanding the District's acceptance of the work and payment therefor, Contractor shall remain obligated under allclauses of this Contract, which expressly or by their nature extend beyond and survive such acceptance and payment or termination.

19. CONFIDENTIALITY OF DATA: All financial, statistical, personal, technical and other data and information relating to the District'soperation which are designated confidential by the District and made available to the Contractor in order to carry out this Contract, or whichbecome available to the Contractor in carrying out this Contract, shall be protected by the Contractor from unauthorized use and disclosurethrough the observance of the same or more effective procedural requirements as are applicable to the District. The identification of all suchconfidential data and information as well as the District's procedural requirements for protection of such data and information from unauthorizeduse and disclosure shall be provided by the District in writing to the Contractor. If the methods and procedures employed by the Contractor forthe protection of the Contractor's data and information are deemed by the District to be adequate for the protection of the District's confidentialinformation, such methods and procedures may be used, with the written consent of the District, to carry out the intent of this paragraph. TheContractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publiclyavailable, is already rightfully in the Contractor's possession, is independently developed by the Contractor outside the scope of this Contract, oris rightfully obtained from third parties.

20. NEWS RELEASES AND PUBLICATIONS: Unless otherwise exempted, news releases, publications or advertisements pertaining to thisContract shall not be made by Contractor, its subcontractor or suppliers, without prior written approval of the District.

21. EXAMINATION AND AUDIT: Contractor agrees that the District, or its designated representative shall have the right to review and copyany records and supporting documentation pertaining to performance of this Contract. Contractor agrees to maintain such records for possibleaudit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow theauditor(s) access to such records during normal business hours and to allow interviews of any employees or others who might reasonably haveinformation related to such records. Further, Contractor agrees to include a similar right of the District to audit records and interview staff in anysubcontract related to performance of this Contract.

22. DISPUTES:a) The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, Contractor shall submit to theDepartment Director or designee a written demand for a final decision regarding the disposition of any dispute between the parties arising under,related to or involving this Contract, unless the District, on its own initiative, has already rendered such a final decision. Contractor’s written demand shall be fully supported by factual information, and if such demand involves a cost adjustment to the Contract, Contractor shall includewith the demand a written statement signed by an authorized person indicating that the demand is made in good faith, that the supporting data areaccurate and complete and that the amount requested accurately reflects the Contract adjustment for which Contractor believes the District isliable. If the Contractor is not satisfied with the decision of the Department Director or designee, the Contractor may appeal the decision to thePurchasing and Materials Manager.

b) Pending the final resolution of any dispute arising under, related to or involving this Contract, Contractor agrees to diligently proceed with theperformance of this Contract, including the delivery of goods or providing of services in accordance with the District’s instructions. Contractor’s failure to diligently proceed in accordance with the District’s instructions shall be considered a material breach of this Contract.

c) Any final decision of the District shall be expressly identified as such, shall be in writing, and shall be signed by the Department Director ordesignee or Purchasing and Materials Manager if an appeal was made. If the District fails to render a final decision within ninety (90) days afterreceipt of Contractor’s demand, it shall be deemed a final decision adverse to Contractor’s contentions. The District’s final decision shall be conclusive and binding regarding the dispute unless Contractor commences an action in a court of competent jurisdiction to contest such decisionwithin ninety (90) days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.

23. TERMINATION FOR NON-APPROPRIATION OF FUNDS: If the term of this Contract extends into fiscal years subsequent to that inwhich it is approved, such continuation of the Contract is contingent on the appropriation of funds for such purpose by the District’s Board of Directors. If funds to effect such continued payment are not appropriated, District shall give immediate written notice of such to Contractor andContractor agrees to take back any affected goods furnished under this Contract, terminate any services supplied to the District under thisContract, and relieve the District of any further obligation therefor.



24. TERMINATION FOR THE CONVENIENCE OF A PARTY:a) Including, but not limited to, provisions for termination in the event of national emergency under Section 4410 et. seq. of the GovernmentCode of the State of California, the District or Contractor may terminate performance of work under this Contract for its convenience in whole or,from time to time, in part, upon not less then ninety (90) days written notice if the party determines that a termination is in the party’s interest. The party shall terminate by delivering to the other party a Notice of Termination specifying the extent of termination and the effective datethereof. The parties agree that, as to the terminated portion of the Contract, the Contract shall be deemed to remain in effect until such time as thetermination settlement, if any, is concluded and the Contract shall not be void.

25. TERMINATION FOR DEFAULT:a) The District may, subject to the Force Majeure paragraph contained herein, by written notice of default to the Contractor, terminate thisContract in whole or in part if the Contractor fails to:

i) deliver the goods or to perform the services within the time specified in the Contract or any amendment thereto;ii) make progress, so as to endanger performance of this Contract (but see subparagraph (b) below); oriii) perform any of the other provisions of this Contract (but see subparagraph (b), below).

b) The District’s right to terminate this Contract under subparagraphs (a)(i) and (a)(ii) above, may be exercised if the Contractor does not cure such failure within the time frame stated in the cure notice issued by the buyer.

c) If the District terminates this contract in whole or in part, it may acquire, under the terms and in the manner the buyer considers appropriate,goods or services similar to those terminated, and the contractor will be liable to the District for any excess costs for those goods or services.However, the Contractor shall continue the work not terminated.

d) The District shall pay Contract price for completed goods delivered and accepted and/or services performed and accepted. The Contractor andbuyer shall agree on the amount of payment for manufacturing materials delivered and accepted for the protection and preservation of theproperty. Failure to agree will be a dispute under the Disputes clause. The District may withhold from these amounts any sum the buyerdetermines to be necessary to protect the District against loss because of outstanding liens or claims of former lien holders.

e) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of theparties shall be the same as if the termination had been issued for the convenience of the District.

f) The rights and remedies of the parties in this clause are in addition to any other rights and remedies provided by law or under this Contract.

26. RIGHTS AND REMEDIES OF DISTRICT FOR DEFAULT:a) In the event any goods furnishd or services provided by the Contractorin the performance of the Contract should fail to conform to the requirements herein, or to the sample or technical specifications submitted by theContractor, the District may reject the same, and it shall become the duty of the Contractor to reclaim and remove the item promptly or to correctthe performance of services, without expense to the District, and immediately replace all such rejected items with others conforming to theContract.b) In the event of the termination of the Contract, either in whole or in part, by reason of default or breach by the Contractor, any loss ordamage sustained by the District in procuring any items which the Contractor agreed to supply shall be borne and paid for by the Contractor.c)The District reserves the right to offset the reasonable cost of all damages caused to the District against any outstanding invoices or amountsowed to Contractor or to make a claim against the Contractor therefore.27. DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP: Prior to the award of any contract, the contractor may be required tocertify in writing to the Purchasing and Materials Manager that no relationship exists between the contractor and any District employee, officer,official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the District.

27. COVENANT AGAINST GRATUITIES: The Contractor warrants that no gratuities (in the form of entertainment, gifts, or otherwise) wereoffered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the District with a view towardsecuring the Contract or securing favorable treatment with respect to any determinations concerning the performance of the Contract. For breachor violation of this warranty, the District shall have the right to terminate the Contract, either in whole or in part, and any loss or damagesustained by the District in procuring on the open market any items which Contractor agreed to supply shall be borne and paid for by theContractor. The rights and remedies of the District provided in this clause shall not be exclusive and are in addition to any other rights andremedies provided by law or in equity.

2. INDISCRIMINATION CLAUSE:a) Contractor, and all subcontractors, suppliers, and contractors, shall comply with all District, State and Federal orders regarding affirmativeaction to ensure equal employment opportunities and fair employment practices. During the performance of this Contract, Contractor and itssubcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex,sexual orientation, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), medical condition (cancer), age,marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees andapplicants for employment are free from such discrimination and harassment.

b) Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12990et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicableregulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 ofDivision 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forthin full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which theyhave a collective bargaining or other agreement.



c) The Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform workunder the Contract.

29. AMERICANS WITH DISABILITIES ACT: Contractor assures the District that it complies with the Americans with Disabilities Act(ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant tothe ADA. (42 U.S.C. 12101 et seq.)

31. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Contractor certifies that it does not and will not during the performance ofthis contract employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986 (IRCA)and its present and future amendments, and shall comply with existing Labor Codes regarding the employment of aliens except underextraordinary emergencies (Sections 1850 to 1854). Further Contractor shall indemnify, hold harmless, protect and defend the District againstany and all actions, proceedings, penalties or claims arising out of Contractor’s failure to comply strictly with the IRCA.

32. SAFETY AND ACCIDENT PREVENTION:a) In performing work under this Contract on District premises, Contractor shall conform to any specific safety requirementscontained in the Contract or as required by law or regulation. Contractor shall take any additional precautions as the District mayreasonably require for safety and accident prevention purposes. Any violation of such rules and requirements, unless promptlycorrected, shall be grounds for termination of this Contract in accordance with the default provisions hereof.

b) Contractor is hereby informed that work under this Contract could be hazardous because of conditions such as confined spaces, potentiallyexplosive atmospheres, and possible exposure to pathogens. Contractor shall carefully instruct all personnel working in potentially hazardouswork areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury topersonnel and damage to property. Special care shall be exercised relative to work underground.

33. CONTRACTOR’S LIABILITY FOR INJURY TO PERSONS OR DAMAGE TO PROPERTY:a) The Contractor shall be liable for damages arising out of injury to the person and/or damage to the property of the District, employees of theDistrict, persons designated by the District for training, or any other person(s) other than agents or employees of the Contractor, designated by theDistrict for any purpose, prior to, during, or subsequent to delivery, installation, acceptance, and use of the goods either at the Contractor’s site or at the District’s place of business, provided that the injury or damage was caused by the fault or negligence of the Contractor.

b) Contractor shall not be liable for damages arising out of or caused by an alteration or an attachment not made or installed by the Contractor, orfor damage to alterations or attachments that may result from the normal operation and maintenance of the goods provided by the Contractorduring the Contract.

3. INSURANCE: When performing work on property in the care, custody or control of the District, Contractor shall, at its expense,procure and maintain insurance with a State of California admitted surety with an A.M. Best’s Insurance Rating of A:VIIor better onall of its operations under this Contract for the duration of the work and the warranty period as follows:

a) Workers' Compensation and Employers Liability Insurance. Workers’ Compensation Insurance shall be provided as required by any applicable law or regulation. Employers Liability Insurance shall be provided in amounts not less than $1,000,000 each accident for bodily injuryby accident, $1,000,000 policy limit for bodily injury by disease, and $1,000,000 each employee for bodily injury by disease. The insurer shallwaive all rights of subrogation against the District, its officers, directors, and employees. If there is any risk of injury to Contractor’s employees under the U.S. Longshoremen’s and Harbor Workers’ Compensation Act, the Jones Act or under other laws, regulations or statutes applicable tomaritime employees, coverage shall be included for such injuries or claims.

b) General Liability Insurance. Contractor shall carry general liability insurance in any combination of primary, excess or umbrella insurance,covering all operations by or on behalf of Contractor for the limits of liability not less than $1,000,000 per occurrence. If the policy has a generalaggregate limit, the aggregate limit shall apply separately to this project.

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage “occurrence” form CG 0001. Contractor’s coverage shall be “occurrence” coverage and not “claims made” coverage. Coverage shall include, or be endorsed to include, coverage for personal injury liability assumed under Contract. The policy shall also include liability arising outof the use and operation of any District-furnished equipment by Contractor, its personnel and others.

The District, its officers, directors and employees shall be named as additional insured on Contractor’s policy by a policy provision or endorsement providing coverage at least as broad as Insurance Services Office “Additional Insured - Owners, Lessees orContractors (Form B) endorsement Number CG 2010”.

The required additional insured coverages for the District, its officers, directors, and employees shall stipulate that the insuranceafforded the additional insured shall apply as primary insurance and that any other insurance or self-insurance maintained by theDistrict shall be excess only and shall not be called upon to contribute with Contractor’s insurance.

c) Automobile Liability Insurance. Contractor shall carry Automobile Liability Insurance in any combination of primary, excess or umbrellainsurance, provided the coverage is at least as broad as the liability coverage of Insurance Services Office Business Automobile Liability, Symbol#1 “any auto” (form number CA 0001), in an amount not less than $1,000,000 peroccurrence. The policy shall also include liability arising outof the use and operation of District-furnished vehicles by Contractor, its personnel and others.



The District, its officers, directors and employees shall be named as additional insured on Contractor’s policy by a policy provision or endorsement providing coverage at least as broad as Insurance Services Office “Additional Insured - Owners, Lessees orContractors (Form B) endorsement Number CG 2010”.

The required additional insured coverages for the District, its officers, directors, and employees shall stipulate that the insuranceafforded the additional insured shall apply as primary insurance and that any other insurance or self-insurance maintained by theDistrict shall be excess only and shall not be called upon to contribute with Contractor’s insurance.

d) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except afterthirty (30) days' prior written notice has been given to the District. The following provisions shall also apply:

i) Contractor shall furnish the District with original, signed certificates and original, signed amendatory endorsements effectingcoverage required by this clause, and all such certificates and endorsements are to be received and reviewed by the District before anywork is commenced hereunder by Contractor. The certificates and amendatory endorsements shall be signed by an individual who isauthorized to sign on behalf of the insurer binding the insurer.ii) Amendatory endorsements to be furnished to the District include:

a. The policy provision or the additional insured endorsement adding the District, its officers, directors, and employees. Ifcoverage for the District is written as a separate Owners and Contractors Protective Liability policy, the complete, original policyshall be provided.b. The policy provision stating that such insurance applies as primary insurance and will not call upon other insurance or self-insurance maintained by the District for contribution.c Thirty (30)-day cancellation notice to the District.

iii) The District reserves the right to require complete, certified copies of all required insurance policies at any time.iv) All insurance correspondence, notices, certificates, and endorsements from the insurance carriers shall each separately referencethe District Contract number.v) In the event Contractor fails to comply with this section, the District may take such action as the District deems necessary toprotect the District’s interest. Such action may include but is not limited to termination of the Contract, withholding of payments, or other actions as the District deems appropriate.

3. INDEMNIFICATION:a) Contractor agrees to indemnify, defend and hold harmless the District, its officers, directors, agents and employees, and each of them, fromand against any and all suits, actions, legal or administrative proceedings, claims, demands, consequential damages, liabilities, interest, attorney’s fees, costs, expenses and losses of whatsoever kind or nature, whether or not well founded in fact or in law and, directly or indirectly caused,occasioned or contributed to in whole or in part, or claimed to be caused, occasioned or contributed to in whole or in part by reason of anynegligent or wrongful act or omission, fault or negligence, whether active or passive of the Contractor or of anyone acting under the Contractor’s direction, control or on the Contractor’s behalf in connection with or incident to the performance of the Contract; without limiting the generalityof the foregoing, the same shall include injury or death of any person or persons and damage to any property, regardless of where located,including without limitation theproperty of the District, the Contractor’s employees and all other persons.

3. PATENT, COPYRIGHT AND TRADE SECRET INDEMNITY:a) Contractor shall hold the District of, its officers, agents and employees, harmless from liability of any nature or kind, including costs andexpenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article orappliance furnished or used in connection with the Contract.

b) Contractor may be required to furnish a bond to the District against any and all loss, damage, costs, expenses, claims and liability for patent,copyright and trade secret infringement.

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