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Purchasing Division REQUEST FOR PROPOSAL JANITORIAL SERVICES RFP # 91006 DUE: JULY 22, 2009 Ms. Denni Baumer, C.P.M., CPPB Purchasing Manager 925.756.1968 [email protected]
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Page 1: Microsoft Word - RFP Janitorial Svcs DRAFT

Purchasing Division

REQUEST FOR PROPOSAL

JANITORIAL SERVICES RFP # 91006

DUE: JULY 22, 2009

Ms. Denni Baumer, C.P.M., CPPB Purchasing Manager

925.756.1968 [email protected]

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REQUEST FOR PROPOSAL #91006

TABLE OF CONTENTS Notice to Offerors ................................................................................................................................ 3 Summary Scope of Work ..................................................................................................................... 4 RFP Events Schedule ......................................................................................................................... 4 District Information ............................................................................................................................... 4 Scope of Work ..................................................................................................................................... 5 General Terms and Conditions ......................................................................................................... 16 Additional Terms ................................................................................................................................ 23 RFP Price Form ................................................................................................................................. 25 Additions, Deletions and/or Exceptions ............................................................................................. 26 References ........................................................................................................................................ 27 Subcontractors .................................................................................................................................. 29 Business Profile ................................................................................................................................. 30 Submittal Checklist ............................................................................................................................ 31 Appendix A - Insurance Requirements. ............................................................................................. 32 Appendix B – Safe Work Requirements ........................................................................................... 33 Appendix C – Sample Contract ......................................................................................................... 37 Appendix D - Drawings ...................................................................................................................... 40

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NOTICE TO OFFERORS

Sealed proposals for RFP No. 91006, Janitorial Services, as described herein, will be received in the Purchasing office at the Delta Diablo Sanitation District (District), until 2:00pm Wednesday July 22, 2009. Any changes to this RFP are invalid unless specifically modified by the District and issued as a separate addendum document. Should there be any question as to changes to the content of this document; the District’s copy shall prevail. It is the Offeror’s sole responsibility to ensure that his proposal, inclusive of any or all addenda, is received to the proper place at the proper time. Postmarks will not validate proposals which arrive after the cut off time listed above. Any proposal received after the scheduled closing time for receipt of proposals will be returned to the Offeror unopened. To assure consideration, all proposals shall be made on the RFP Forms enclosed or as directed. All proposals must be written in ink or typed. Mistakes may be crossed out and corrections made adjacent, however, each correction must be initialed by the person signing the proposal. Proposals shall be enclosed and sealed in an envelope clearly marked RFP NO. 91006, and addressed to Delta Diablo Sanitation District. Proposals may be delivered in one of the following methods:

• Hand delivered to the lobby of the Plant Operations Center at: Attention: Purchasing Division 2500 Pittsburg-Antioch Highway Antioch, CA 94509

• U.S. Postal Service, UPS, FedEx or other common carrier delivered to: Attention: Purchasing Division 2500 Pittsburg-Antioch Highway Antioch, CA 94509

FAXED OR ELECTRONIC PROPOSALS WILL NOT BE ACCEPTED. PROPOSALS DELIVERED TO OTHER THAN THE ABOVE STATED ADDRESS WILL BE REJECTED AND RETURNED TO THE OFFEROR UNOPENED. A mandatory pre-proposal inspection/conference will be held on MONDAY, JUNE 29, 2009 beginning at 10:00am at the District facility, 2500 Pittsburg-Antioch Hwy, Antioch, CA. Prospective offerors will meet the Plant Operations Center. Failure to attend will render your firm's proposal null and void. All questions regarding items discussed at the pre-proposal inspection/conference should be submitted in writing within three (3) business days following the pre-proposal inspection/conference to the attention of: Denni Baumer, C.P.M., CPPB at 925-756-1961 (fax) to allow adequate time to respond to questions submitted.

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SUMMARY SCOPE OF WORK

Delta Diablo Sanitation District is seeking proposals for basic janitorial services as well as floor cleaning, carpet cleaning and window cleaning for its Plant Operations Center (POC), Treatment Plant (TP) and the Delta Household Hazardous Waste Collection Facility (DHHWCF).

RFP EVENTS SCHEDULE

Event# Description Date

1. Release of RFP Thursday, June 18, 2009

2. Pre-Proposal Conference Monday, June 29, 2009

3. Last day for Offerors to submit questions Thursday, July 2, 2009

4. Last day for District to answer questions Friday, July 10, 2009

5. Proposal due no later than 2:00pm PDT Wednesday, July 22, 2009

6. Best and Final Offers due TBD if necessary

7. Award On or before Monday, July 31, 2009

DISTRICT INFORMATION

Delta Diablo Sanitation District (DDSD) was originally formed in 1955 to protect the health of the public and the environment by collecting and effectively treating wastewater. The existing regional wastewater treatment facility was completed in 1982. The District's East Contra Costa County service area of Antioch, Bay Point and Pittsburg is 42 square miles with a population approaching 190,000. Treated effluent is discharged into New York Slough, a section of the San Joaquin River. In 2006, DDSD treated an average of 14,200,000 gallons per day (14.2 MGD). In 2001, DDSD started its recycled water program in an effort to help protect the state's valuable and limited drinking water supply. Recycled water is used at two nearby power generating plants and for landscape irrigation. The District operates the Delta Household Hazardous Waste Collection Facility that serves residents and small businesses in the East Contra Costa County communities of Antioch, Bay Point, Bethel Island, Brentwood, Byron, Discovery Bay, Knightsen, Oakley and Pittsburg.

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SCOPE OF WORK

SERVICES Contractor shall provide professional, high-quality and environmentally preferable janitorial services to maintain buildings in a neat, clean, and orderly condition to the satisfaction of the District. Housekeeping Services are to be performed Sunday through Thursday between the hours of 5:00 p.m. and 4:00 a.m., excluding District Holidays, unless otherwise directed and/or approved by the District (such as floor crew, etc.). Contractor and District representative may adjust days and times as necessary if mutually agreed upon. District Holidays are:

1. New Years Day 2. Martin Luther King Day 3. President’s Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Columbus Day 8. Veteran’s Day 9. Thanksgiving Day and the day after 10. Christmas Day

SUPPLIES All equipment and supplies necessary to perform these services will be provided by the Contractor and approved by the District. All cleaning products shall perform as cleaners and disinfectants. In addition, Contractor will supply soap, hand cleaners, deodorizers, liners, paper towels, toilet tissue, toilet seat protectors, feminine products and other items as needed. Contractor will be required to fill the dispensers of the items listed above. Offeror shall submit with his proposal a listing of all supplies and cleaning items including the manufacturer and description of the product. The District is interested in selecting bids from interested vendors who provide Environmentally Preferable Janitorial Cleaning Services as described in the Scope of Work section, ENVIRONMENTALLY PREFERABLE JANITORIAL SERVICES REQUIREMENTS. Contractor is required to provide Material Safety Data Sheet (MSDS) information on all supplies and chemicals used (where applicable) to the District representative and maintain copies in each janitorial storage closet. If desired, limited locked areas for storage of equipment and supplies may be provided. The District assumes no responsibility for these items. ADDITIONAL SERVICES All carpeting is to be shampooed twice a year as part of the Basic Service. It is also anticipated that there may be carpet in several other rooms that will need to be cleaned more than twice a year; therefore, a price per sq. ft. is requested for the extra cleaning of carpet. This price is to be shown on the RFP Price Form under Additional Services, item 3. All interior and exterior windows are to be cleaned a minimum of three times a year as part of the Basic Service. In the event the District requests additional window cleaning, an hourly rate is requested and is to be shown under on the RFP Price Form under Additional Services, item 4. All hard and resilient floors are to be stripped and four coats of floor finish applied a minimum of every other month as part of the Basic Service. In the event the District requests additional stripping and waxing services, a price per square foot is requested and is to be shown on the RFP Price Form under Additional Services, item 5.

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INSPECTION The Contractor shall inspect the District’s facilities monthly to ensure quality and thoroughness. The Contractor shall coordinate these inspections with the District’s representative who has the option of inspecting the facility with the Contractor. The Contractor shall refer to the Basic Services Spreadsheet when inspecting the facility and will provide a written report within five working days regarding the conditions at the time of the inspection and the steps necessary for addressing any issues. The Contractor will submit a schedule at least five working days in advance for sizeable services such as carpet and window cleaning and floor stripping and waxing activities, identifying the type of service, location and scheduled date and time. The Contractor shall schedule a time to inspect the completed work with the District’s representative no later than five working days after the work has been performed. The Contractor shall designate one representative that is of supervisor authority or higher to conduct these inspections. The form listed under ADDITIONAL SERVICES SCHEDULE AND INSPECTION FORM, shall be utilized for all scheduling and inspection activities. BASIC SERVICES Basic services shall be provided as described below. See Appendix D for drawings of each building and to identify areas to be serviced. All tasks will be performed to the standards set forth in Quality Requirements.

BASIC SERVICES

BID ITEM NO. 1 – COP AND TP

TASK DESCRIPTION FREQUENCY

DAILY WEEKLY MONTHLY OTHER

OFFICES / WORK STATIONS Empty trash receptacles 1x Replace trash receptacle liners 1x Recycling receptacles emptied and liner replaced 2x More often if needed Dust desk, file cabinets, work surfaces, calculators, typewriters, telephones, computer, keyboard, monitor

2x

Dust pictures, picture frames, glass/plastic surfaces and window sills with a feather duster to prevent scratches.

1x

Carpets vacuumed. Use hand tools to vacuum in small hard to reach areas i.e., under desks, tables etc.

2x More often if needed, i.e., winter

Carpets and upholstered chairs spot cleaned As needed Upholstered chairs vacuumed 2x White boards cleaned 1x As requested Interior & exterior of window blinds to be dusted and cleaned 1x

Solid doors wiped with cleaner including door knobs 1x

Clean glass covers on tables in offices, where applicable 1x

Vacuum between rolling files in Records Office 1x Clean windows of office doors/side windows 1x Dust all corners for spider webs 1x

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Wall coverings spot cleaned As needed OFFICE EQUIPMENT / EQUIPMENT ROOMS Empty trash receptacles 1x Replace trash receptacle liners 1x Recycling receptacles emptied and liners changed 2x More often if needed

Clean countertops, file cabinets, work surfaces, copiers, typewriters, telephones, computer, keyboard, monitor

2x

Dust pictures, picture frames, glass & plastic surfaces and window sills with a feather duster to prevent scratches

1x

Carpets vacuumed using hand tools to clean small hard to reach areas behind copiers, under tables, etc.

2x More often if needed, i.e., winter

Carpets spot cleaned As needed Upholstered chairs vacuumed 2x White boards cleaned 1x As requested Interior & exterior of window blinds to be dusted/cleaned 2x

Solid doors and door knobs wiped with cleaner 1x Clean glass covers on tables in offices, where applicable 1x

Clean windows of office doors & side windows 1x Dust all corners for spider webs 1x Wall coverings spot cleaned As needed MEETING ROOMS / LIBRARY Doors & fronts of cabinets wiped with appropriate cleaner 2x

Empty trash receptacles 1x More often needed Replace trash receptacle liners 1x Recycling receptacles emptied and liners changed 2x More often if needed

Dust tables, chairs, pictures, sills, phones, file cabinets, bookshelves 2x

Chairs vacuumed or wiped clean as appropriate 2x More often if needed Carpets vacuumed 2x More often if needed Carpets and upholstered chairs spot cleaned As needed Floor (vinyl) swept 1x Floor (vinyl) cleaned w/treated mop 1x Floor (vinyl) buffed 1x Dust corners and below counters and bookshelves for spider webs 1x

Dust desk, file cabinets, work surfaces, calculators, typewriters, telephones, computer, keyboard, monitor

2x

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Wipe counters with cleaner 1x Clean and sanitize sinks 1x White Boards cleaned As needed

Board Room vacuumed every Tuesday evening 1x

*IMPORTANT* This task shall never be missed and quality of work must be of the highest standards

HALLWAYS Floor cleaned w/treated mop (vinyl) 1x Floor (vinyl) buffed 1x Dust corners for spider webs 1x Carpets vacuumed 2x STAIRWAYS

Stairs and stairwells swept/spot cleaned - Treatment Plant 1x More often if needed

(i.e., winter)

Stairs and stairwells swept/spot cleaned - POC Building 1x More often if needed

(i.e., winter) Handrails cleaned 1x Dust corners for spider webs 1x UPSTAIRS PATIO - POC BUILDING Sweep cement patio 2x Wipe tables w/cleaner 2x Sweep off rainwater As needed LUNCHROOMS / KITCHEN AREA Empty trash receptacles 1x Replace trash receptacle liners 1x Recycling receptacles emptied and liners changed 2x More often if needed

Sweep vinyl floor with treated mop, remove spillage, gum and other foreign matter and damp mop.

1x

Floor (vinyl) buffed 1x Clean patio door window/handrail 1x Wipe off all counters w/cleaner 1x Wipe off fronts of cabinets w/cleaner 1x Clean microwaves inside and out 2x Clean stove inside and out including oven 2x Wipe all tables and chairs w/cleaner 1x Clean and sanitize sinks 1x Wash trash and recycling cans 2x Check paper towel and soap dispensers 1x Fill as needed Refrigerators, Vending Machines - Wipe down, clean outside (top to bottom) 1x

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Wipe off marks from walls 1x As needed LOBBY Clean lobby door windows (both buildings) 1x Clean internal and external entry way windows (both buildings) 1x

Stainless steel door push rail cleaned 2x Floors clean w/treated mop 1x Clean up spills, etc., damp mop 1x Wipe down lobby countertop 1x Doors & fronts of cabinets wiped with appropriate cleaner 2x

Empty trash receptacles 1x More often needed Replace trash receptacle liners 1x Recycling receptacles emptied and liners changed 2x More often if needed

Dust tables, chairs, pictures, sills, phones, file cabinets, bookshelves 2x

Chairs vacuumed or wiped clean as appropriate 2x More often if needed Carpets vacuumed 2x More often if needed Carpets and upholstered chairs spot cleaned As needed Floor (vinyl) swept 1x Floor (vinyl) cleaned w/treated mop 1x Floor (vinyl) buffed 1x Dust corners and below counters and bookshelves for spider webs 1x

Dust desk, file cabinets, work surfaces, calculators, typewriters, telephones, computer, keyboard, monitor

2x

OUTSIDE AREA Sweep front walkway at Treatment Plant building and under canopy 2x

Sweep cobwebs under covered front walkways 1x Sweep around sink area and boot scraper - west side of Lab - (POC) 1x

Clean and sanitize sink west side of Lab - (POC) 1x Empty trash receptacles 1x MAINTENANCE - GENERAL SHOP Clean and sanitize sink 1x Empty trash receptacles 1x Wipe down/sanitize Maintenance doors including door knobs 1x

LABORATORY Clean counters 1x Wipe down cabinets and fume hoods 1x

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Sweep vinyl floor with treated mop, remove spillage, and other foreign matter and damp mop - all floors

1x

Clean inside windows between rooms and door side windows 1x

Clean/sanitize sinks 1x RESTROOMS / LOCKER AND LAUNDRY ROOMS

Wipe off marks from walls and doors 1x Sweep floors with treated mop 1x Clean up spills, etc. and damp mop 1x Empty trash receptacles 1x Replace trash receptacle liners 1x Benches and Lockers wipe w/cleaner 1x Clean and sanitize partitions 1x Empty and sanitize sanitary napkin disposal bin 1x Clean mirrors 1x Dust under counters and toilet bowls for spider webs 1x

Clean and sanitize sinks, toilets, showers 1x Check soap, towel, toilet paper containers 1x Fill as needed Clean and sanitize counter tops 1x ELEVATOR Carpets vacuumed 2x Dust corners for spider webs 1x Floor (vinyl) swept 1x Floor (vinyl) cleaned w/treated mop 1x Wipe

BID ITEM NO. 2 – DHHWCF

TASK DESCRIPTION FREQUENCY

DAILY WEEKLY MONTHLY OTHER

RESTROOMS / LOCKER ROOMS Wipe off marks from walls 1x Sweep floors with treated mop 1x Clean up spills, etc. and damp mop 1x Empty trash receptacles 1x Replace trash receptacle liners 1x Benches and Lockers wipe w/cleaner 1x Clean and sanitize partitions 1x Empty sanitary napkin disposal 1x

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BID ITEM NO. 2 – DHHWCF

TASK DESCRIPTION FREQUENCY

DAILY WEEKLY MONTHLY OTHER

Clean mirrors 1x Dust under counters and toilet bowls for spider webs 1x

Clean and sanitize sinks, toilets, showers 1x Check soap, towel, toilet paper containers 1x Fill as needed Clean and sanitize counter tops 1x OFFICE AREAS / BUYBACK ROOM Doors & fronts of cabinets wiped with appropriate cleaner 1x

Trash receptacle emptied 1x Recycling receptacle emptied 1x Dust tables, chairs, pictures, sills, file cabinets, shelves 1x

Chairs vacuumed or wiped clean as appropriate 1x Floor (vinyl) swept 1x Stainless steel door push rails cleaned 1x Floor (vinyl) swept w/treated mop 1x Floor (vinyl) buffed 1x Dust corners and below counters/bookshelves for spider webs 1x

Dust desk, file cabinets, work surfaces, calculators, typewriters, telephones, computer, keyboard, monitor

1x

Wipe counters with cleaner 1x White boards cleaned As requested

QUALITY REQUIREMENTS

SWEEPING, WET MOPPING, SCRUBBING; The floors shall be clean and free of dirt, water streaks, mop marks, string, gum, grease, tar, and present an overall appearance of cleanliness. All surfaces shall be dry and the corners clean. Wet mopping shall be accomplished with clean water. FIXTURE CLEANING: Fixtures and metal surfaces (wash-basins, urinals, toilets, shower stalls) shall be clean and bright; there shall be no dust, spots, stains, rust, old encrustation, or excess moisture on any surfaces. SERVICING: All waste receptacles and sanitary napkin dispensers shall be emptied, cleaned (on all surfaces inside and out), and disinfected. Sanitary napkin dispensers shall have new bags inserted. DAMP-WIPING: All dirt, dust, water stains, spots, streaks, and smudges shall be removed from all surfaces. STRIPPING: All old finish or wax shall be removed. There shall be no evidence of gum, rust, burns, or scuffmarks. There shall be no buildup in corners or crevices, cove bases, and grouted areas.

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FINISHING: Walls, baseboards and other surfaces shall be free of finish residue and marks from the equipment. Floors shall be free of streaks, mop strand marks, and skipped areas. SPOT CLEANING: Smudges, marks, or spots shall have been removed without causing unsightly discoloration. DUSTING: There shall be no dust streaks. Corners, crevices, moldings, and ledges shall be free of all dust. There shall be no oils, spots or smudges on dusting tools. When inspected with a flashlight there shall be few traces of dust on any surface. SEALING: Sealant must adhere to the floor. All floor areas must be evenly coated. Spots and stains shall be eliminated SOLID WASTE AND RECYCLE COLLECTION: All solid wastes and recyclables generated in the building shall be collected and removed to designated areas. PORCELAIN WARE CLEANING: Washbasins shall be clean and bright. There shall be no dust, spots, stains, rust, mold, encrustation, or excess moisture.

VACUUMING: Carpet surfaces shall be free of obvious dirt, dust and other debris NOTE: For the purpose of this contract, whenever the term carpet or carpeting is used it is intended to include wall-to-wall carpeting and area rugs.

WAXING AND BUFFING: Walls, baseboards, and other surfaces shall be free of finish residue and marks from equipment. Floors shall be free of streaks, mop strand marks, and skipped areas. The finished area shall have a uniform luster. FINISHING: walls, baseboards, and other surfaces shall be free of finish residue and marks from equipment. Floors shall be free of streaks, mop strand marks, and skipped areas. The finished area shall have uniform luster. FURNITURE VACUUMING: All furniture that has fabric coverings shall be vacuumed with a non-beater bar type vacuum. SWEEPING: Floors shall be clean and free of trash and foreign matter. No dirt shall be left in corners, behind or under furniture of doors. DOOR CLEANING: All door surfaces shall be cleaned with an approved cleaner. All smudges, hand marks, stains, and marks shall be removed. The top surface shall be dusted. There shall be no oil or grease on hinges or doorframes.

DAMP MOPPING AND SPRAY BUFFING: Floors shall be free of streaks, mop strand marks, and skipped areas. Walls, baseboards, and other surfaces shall be free of splashes and markings from the equipment. The finished area should have a uniform luster. Mop water shall be clean. GLASS CLEANING: All glass shall be clean and free of dirt, grime, dust, streaks, watermarks, spots, and shall not be cloudy. CLEANING THRESHOLDS: Thresholds shall be clean and free of oil, grease, dirt, and grime. FINISHING: Walls, baseboards and other surfaces shall be free of finish residue and marks from equipment. Floors shall be free of streaks, mop strand marks, and skipped areas. The finished area shall have a uniform luster. CLEANING WASTEBASKETS: Wastebaskets shall be free of dust, debris, and residue. Plastic liners shall not be torn, worn, or contain residue. SWEEPING: Floors shall be clean and free of trash and foreign matter. NO dirt shall be left in corners, under furniture, or behind doors.

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METAL POLISHING: Metal surfaces shall be free of smears, stains, and finger marks. They shall be clean and bright with a uniform luster. CARPET SPOTTING: Spillages or crusted material, shall be removed along with spots, smears, and stains. There shall be no evidence of fuzzing caused by harsh rubbing or brushing. Cleaned areas shall blend with adjacent areas of carpeting. Only approved cleaners can be used. STAIRWAYS: Sweep all dust, dirt, and other debris from all hard surfaces including corners. Wet mop with approved cleaner and clean water. There shall be no evidence of mop marks, strings or build up. All surfaces shall be dried and wet floor signs used during the cleaning process. All anti-slip surfaces shall be cleaned of any and all foreign materials including dirt, dust, and grime.

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ENVIRONMENTALLY PREFERABLE JANITORIAL SERVICES REQUIREMENTS

The District’s purposes for pursuing an environmentally preferable janitorial services contract are: 1. To minimize the total environmental impact of cleaning activities, including the impact of product

manufacturing and disposal processes; 2. To maximize health benefits for building occupants, building users, and custodial workers; 3. To comply with the:

a. requirements of the US Green Building Council’s Leadership in Energy and Environmental Design for Existing Buildings – Operations & Maintenance certification (LEED EB-O&M);

b. Precautionary Purchasing Ordinance (SF Environment Code, Chapter 2) and Executive Directive 08-02 regarding the purchase of environmentally preferable products.

c. Resource Conservation Ordinance (SF Environment Code Chapter 5)

CONSUMABLE SUPPLIES

All-consumable supplies shall meet the specifications listed below.

• Paper towels, toilet tissue – two ply white embossed, meets EPA requirements for post consumer fiber content. All products must be selected from the SF Approved Products list for Janitorial Papers (see www.sfenvironment.org/sfapproved).

• Sanitary disposal bags – paper, waxed

• Toilet seat covers- All products must be selected from the SF Approved Products list for Janitorial Papers (see www.sfenvironment.org/sfapproved).

• Plastic trash bags – high density, 7 microns or greater, at least 30% recycled content.

• Hand soap – liquid, with lanolin and emollients (minimum 15%). All products must be either certified under Green Seal (GS-41) or Environmental Choice/EcoLogo (CCD-104). No antimicrobial hand soaps may be supplied except where local health regulations require, or where the product’s ingredients have been approved by the San Francisco Department of the Environment.

CLEANING PRODUCTS

• General purpose cleaners, glass cleaners, bathroom tub and tile cleaners, and cleaner/degreasers: All products must be selected from the SF Approved Green Product Catalog at www.sfenvironment.org/sfapproved.

• Carpet and upholstery cleaners: All products used must either be:

o In the SF Approved Green Product Catalog at www.sfenvironment.org/sfapproved -OR-

o Certified under Environmental Choice CCD-148 –OR—

o Certified under Green Seal GS-37 (2008 version or later)

• Hard floor care systems: All products used must be:

o In the SF Approved Green Product Catalog at www.sfenvironment.org/sfapproved -OR-

o Certified under Environmental Choice CCD-147 (Hard Floor Care Products) – OR –

o Certified under Green Seal 40 (Industrial and Institutional Floor Care Products)

• Drain or grease trap additives, odor control products, or digestion additives for cleaning and odor control: All products used must be certified under at least one of the following certifications:

o Environmental Choice CCD-112 for digestion additives for cleaning and odor control

o Environmental Choice CCD-113 for drain or grease trap additives

o Environmental Choice CCD-115 for odor control additives

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CLEANING EQUIPMENT

1. Vacuum cleaners must be certified by the Carpet and Rug Institute “Green Label” Testing Program for vacuum cleaners and operate with a sound level less than 70dBA.

2. Carpet extraction equipment (if used) must be certified by the Carpet and Rug Institute “Seal of Approval” Testing Program for deep-cleaning extractors.

3. Powered floor maintenance equipment (if used), including electric and battery-powered floor buffers and burnishers, must be equipped with vacuums, guards and/or devices for capturing fine particulates, and operate at a sound level less than 70dBA.

4. Propane-powered floor equipment (if used) must have high efficiency, low-emissions engines with catalytic converters and mufflers that meet the California Air Resources Board (CARB) or Environmental Protection Agency (EPA) standards for the specific engine size and operate at a sound level less than 90dBA.

5. Automated scrubbing machines (if used) must be equipped with variable-speed feed pumps and on-board chemical metering to optimize the use of cleaning fluids.

6. Battery powered equipment (if used) must be equipped with environmentally preferable gel batteries.

7. Powered equipment (if used) is designed to minimize vibration, noise and user fatigue. Equipment must be designed with safeguards, such as rollers or rubber bumpers, to reduce potential damage to building surfaces. Records shall be kept for all powered cleaning equipment to document the date of equipment purchase and all repair and maintenance activities, including vendor specification sheets for each type of equipment in use.

RECYCLING AND COMPOSTING

1. Contractor must maintain the integrity of the three-bin recycling system by emptying trash, recycling and compost bins in the appropriate totes.

2. Contractor must dispose of cleaning product wastes according to District approved procedures, for example, by placing empty plastic bottles in the recycling bins and not in the trash.

3. Contractor must empty trash, composting and recycling bins frequently enough to prevent odors and pest problems, and ensure that bins do not overflow.

ADDITIONAL SERVICES SCHEDULE AND INSPECTION FORM

ADDITIONAL / SCHEDULED CLEANING

Type of Cleaning Cleaning Location

Scheduled Date & Time

Date of Completion

Contractor’s Supervisor

Name / Initial Comments

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GENERAL TERMS AND CONDITIONS

PLEASE READ CAREFULLY - These Provisions Are a Part of Your Proposal and any Contract Awarded 1. Consideration: To assure consideration, all proposals shall be made on the RFP Forms enclosed unless otherwise specified. All proposals must be written in ink or typed. Mistakes may be crossed out and corrections made adjacent, however, each correction must be initialed by the person signing the proposal. 2. Request for Clarification: Questions regarding the meaning of the Specifications or other pre-proposal documents shall be directed to Denni Baumer, C.P.M., CPPB, the District's Purchasing Manager at [email protected] or faxed to 925-756-1961. To be given consideration, request(s) must be in writing and received by the date listed on the RFP Events Schedule for “Last Day for Offerors to submit questions”. Any and all such interpretations and any supplemental instructions will be posted to the District’s website (http://www.ddsd.org/business-rfps.html) not later than the date fixed as “Last Day for District to answer questions”. All addenda so issued shall become part of the contract documents. Under no circumstances may the Offeror contact the using department. 3. Addenda: The effect of all addenda to the RFP documents shall be considered in the proposal, and said addenda shall be made part of the RFP documents and shall be returned with them. Before submitting a proposal each offeror shall ascertain whether or not any addenda have been issued. Failure to include any such addenda in Offeror’s proposal may render the proposal invalid and result in its rejection. 4. Brand Names: Whenever reference to a specific brand name is made by the District, it is intended to describe a component that has been determined to best meet operational, performance, or reliability standards of the District, thereby incorporating these standards by reference within the specifications. These specifications are not meant to limit the vendor; they are guidelines to minimum qualifications. The offeror shall indicate their compliance or non-compliance for each line of the specification. Any deviations from the specifications or where submitted literature does not fully support the meaning of the specifications must be clearly cited in writing by the offeror. An equivalent (“or equal”) may be offered by the offeror, subject to evaluation and acceptance by the District. It is the offeror’s responsibility to provide, at offeror’s expense, samples, test data, or other documentation the District may require to fully evaluate and determine acceptability of an offered substitute. The District reserves the sole right to reject a substituted component that will not meet or exceed District standards. 5. Items Offered: If the item offered has a trade name, brand and/or catalog number, such shall be stated in the proposal. If the offeror proposes to furnish an item of a manufacturer or vendor other than that mentioned on the face hereof, offeror must specify maker, brand, quality, catalog number, or other trade designation. Unless such is noted on the proposal, it will be deemed that the item offered is that designated even though the RFP may state “or equal”. 6. Quality: Unless otherwise required in the specifications, all goods furnished shall be new and unused with the most recent upgrade in design, materials and workmanship unless otherwise noted herein. 7. Performance Standards: Performance of work and acceptability of equipment or materials supplied pursuant to any contract or award shall be to the satisfaction and full discretion of the District. 8. Specifications to Prevail: The detailed requirements of the Specifications, Scope of Work and/or Special Conditions shall supersede any conflicting reference in these General Conditions or the stated language on the Delta Diablo Sanitation District Standard Purchase Order that are in conflict therewith.

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9. Quoted Prices: Offerors are encouraged to review all prices prior to proposal submittal, as withdrawal or correction may not be permitted after the proposal has been opened. Prices quoted shall include any and all miscellaneous fees and costs including any preparation costs associated with this proposal. Should Offeror not quote on a particular item, please enter “No Quote” next to each item not quoted on. 10. Firm Prices: Prices on proposal shall be firm prices not subject to escalation unless otherwise provided for in the specifications. In the event the specifications provide for escalation, the maximum limit shall be shown, or the proposal shall not be considered. In the event of a decline in market price below a price proposal, the Delta Diablo Sanitation District shall receive the benefit of such decline. 11. Withdrawal of Proposals: Proposals may be withdrawn by written or facsimile notice received prior to the exact hour and date specified for receipt of proposal. A proposal may also be withdrawn in person by a offeror, or offeror’s authorized representative, prior to the exact hour and date set for receipt of proposals. Telephone withdrawals are not permitted. 12. Late Proposals, Modifications, or Withdrawals: Proposals, modifications of proposals, or proposal withdrawals received after the exact time and date specified for receipt will not be considered unless receipt is before the contract is awarded and the District determines that late receipt was due solely to District error. 13. Mistake in Proposal:

(a) If the offeror discovers a mistake in proposal prior to the hour and date specified for receipt of proposal, offeror may correct the mistake by withdrawing the proposal in accordance with Item 11 above and resubmit prior to the stated proposal deadline.

(b) If within seventy-two hours of the proposal closing and prior to the issuance of a purchase order or a

contract, the apparent low offeror discovers a mistake in proposal of a serious and significant nature, offeror may request consideration be given to withdrawing the proposal. The mistake must be evident and provable. The right is reserved by the District to reject any and all requests for withdrawal of proposals. The decision of the Purchasing Manager is final as regards acceptance or rejection of requests for withdrawal after closing of proposals.

(c) A mistake in proposal cannot be considered once a purchase order or contract is issued.

14. Signature: All proposals shall be signed and the title and firm name indicated. A proposal by a corporation shall be signed by an authorized officer, employee or agent with his or her title. 15. No Proposals: If no proposal is to be submitted, the proposal should be marked “No Proposal” and returned to maintain the offeror’s name in the vendor file for future solicitations. A letter or postcard may be submitted. If an offeror fails to respond to a reasonable number of proposals without returning a “No Proposal”, the Purchasing Manager reserves the right to delete the offeror from the vendor file for future solicitations. 16. Exceptions: An offeror deviating from specifications must specify any and all deviation(s) on Exhibit H. Failure to note said exceptions shall be interpreted to convey that the offeror shall propose to perform in the manner described and/or specified in this solicitation. If exception(s) are taken or alternatives offered, complete descriptions must be shown separately. Pricing information offers are to be submitted on Exhibit H also. 17. Confidential Information: Any information deemed confidential or proprietary should be clearly identified by the offeror as such. It may then be protected and treated with confidentiality only to the extent permitted by state law. Otherwise the information shall be considered a public record. Information or data submitted with a proposal will not be returned.

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18. Litigation Warranty: The offeror, by proposing, warrants that offeror is not currently involved in litigation or arbitration concerning the materials or offeror’s performance concerning the same or similar material or service to be supplied pursuant to this contract of specification, and that no judgments or awards have been made against offeror on the basis of offeror’s performance in supplying or installing the same or similar material or service, unless such fact is disclosed to the District in the proposal. Disclosure may not disqualify the offeror. The District reserves the right to evaluate proposals on the basis of the facts surrounding such litigation or arbitration and to require offeror to furnish the District with a surety bond executed by a surety company authorized to do business in the State of California and approved by Delta Diablo Sanitation District in a sum equal to one hundred percent (100%) of the contract price conditional on the faithful performance by offeror of the contract in the event the contract is awarded to offeror, notwithstanding the litigation or arbitration. 19. Royalties, Licenses and Patents: Unless otherwise specified, the offeror shall pay all royalties, license and patent fees. The offeror warrants that the materials to be supplied do not infringe any patent, trademark or copyright and further agrees to defend any and all suits, actions and claims for infringement that are brought against the District, and to defend, indemnify and hold harmless the District from all loss or damages, whether general, exemplary or punitive, as a result of any actual or claimed infringement asserted against the District, the offeror or those furnishing material to offeror pursuant to this contract. 20. Warranties:

(a) Unless otherwise specified, all material, labor or equipment provided under the contract shall be warranted by offeror and/or manufacturer for at least twelve (12) months after acceptance by District. Greater warranty protection will be accepted. Lesser warranty protection must be indicated by offeror in the proposal as an exception.

(b) Offeror shall be considered primarily responsible to the District for all warranty service, parts and labor

applicable to the goods or equipment provided by offeror under this RFP or award, irrespective of whether offeror is an agent, broker, fabricator or manufacturer’s dealer. Offeror shall be responsible for ensuring that warranty work is performed at a local agency or facility convenient to District and that services, parts and labor are available and provided to meet District’s schedules and deadlines. If required and defined within the Scope of Work, the Offeror will post a performance bond after contract award to guarantee performance of these obligations. Offeror may establish a service contract with a local agency satisfactory to District to meet this obligation if offeror does not ordinarily provide warranty service.

21. Taxes: The District is not tax exempt from State, District and County Sales Taxes. The District is exempt from Federal Excise Tax and will furnish Exemption Certificates when applicable. 22. Contractor’s Wage Requirements: All personnel furnished by Contractor will be employees of the Contractor and Contractor will pay all salaries and expenses of, and all federal, social security taxes, federal and state unemployment taxes, and any similar payroll taxes relating to such personnel, and will carry workmen's compensation insurance for such personnel. The Contractor will be considered for all purposes an independent contractor and it will not at any time directly or indirectly act as an agent, servant or employee of Delta Diablo Sanitation District, or make any commitments or incur any liabilities on behalf of Delta Diablo Sanitation District without its express written consent. 23. Conflict of Interest: No District employee or elected or appointed member of District government, or member of the employee’s immediate family, may participate directly or indirectly in the procurement process pertaining to this proposal if they:

(a) Have a financial interest or other personal interest that is incompatible with the proper discharge of their official duties in the public interest or would tend to impair their independence, judgment or action in the performance of their official duties.

(b) Are negotiating for or have an arrangement concerning prospective employment with offeror. The offeror

warrants to the best of his knowledge that the submission of the proposal will not create such conflict of

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interest. In the event such a conflict occurs, the offeror is to report it immediately to the Purchasing Manager. For breach or violation of this warranty, the District shall have the right to annul this contract without liability at its discretion, and offeror may be subject to damages and/or debarment or suspension.

24. Gratuities: The District may rescind the right of the offeror to proceed under this agreement if it is found that gratuities in the form of entertainment, gifts, or otherwise are offered or given by the offeror, or any agent or representative of the offeror, to any officer or employee of the District with the intent of influencing award of this agreement or securing favorable treatment with respect to performance of this agreement. 25. Bidder’s Security (This Section IS IS NOT Applicable to this proposal): A bid deposit in an amount equal to at least 10% of the proposal may be required as a bid security by the District. The bid security may only be in cash, a cashier’s check, a certified check made payable to Delta Diablo Sanitation District, or a bid bond. If the bid security is a bond, it shall be executed by a surety insurer authorized to issue surety bonds in the State of California. All Bonding Companies must have an “A” rating or better with Moody’s or A.M. Best Company, and be included on the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bond and as Acceptable Reinsuring Companies” as published in circular 570 (as amended) by the audit staff, Bureau of Accounts, U.S. Treasury Department. (In other words, the company is T-listed.) The bid security must be executed by the bidder and enclosed with the bid proposal in the sealed bid envelope. 26. Performance and Payment Bonds: Before any contract exceeding $35,000 for any project for the new construction, repair or reconstruction of any public building or other public work or public improvement of any contracting body is awarded to any contractor, he shall furnish to the contracting body the following bonds which become binding upon the award of the contract to the contractor:

Performance Bond (This Section IS IS NOT Applicable to this proposal): The Contractor awarded this RFP will be required to furnish the District with a surety bond conditioned upon the faithful performance of the contract. This may take the form of a bond executed by a surety company authorized to do business in the State of California and approved by the Delta Diablo Sanitation District. The bond shall be in a sum equal to one hundred percent (100%) of the amount of the contract price. Such bond shall be forfeited to the District in the event that offeror receiving the contract shall fail or refuse to fulfill the requirements and all terms and conditions of the contract.

Payment Bond (This Section IS IS NOT Applicable to this proposal): The Contractor awarded this RFP will be required to furnish the District with a payment bond. This may take the form of a bond executed by a surety company authorized to do business in the State of California and approved by the Delta Diablo Sanitation District. The bond shall be in a sum equal to one hundred percent (100%) of the amount of the contract price. The bond must be solely for the protection of claimants supplying labor or materials to the contractor to whom the contract was awarded, or to any of his subcontractors, in the prosecution of the work provided for in such contract.

All Bonding Companies must have an “A” rating or better with Moody’s or A.M. Best Company, and be included on the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bond and as Acceptable Reinsuring Companies” as published in circular 570 (as amended) by the audit staff, Bureau of Accounts, U.S. Treasury Department. (In other words, the company is T-listed.) 27. Indemnification: Offeror shall defend, indemnify, save and hold harmless District, its governing body, officers and employees from any and all claims, costs and liability for any damages, injury or death arising directly or indirectly from, or connected with, the services provided hereunder and due to, or claimed or alleged to be due to, negligence or willful misconduct of Offeror, its officers, employees, agents, subcontractors, or any person under its direction or control, and will make good to and reimburse the indemnitee for any such matters and, if requested by any of the indemnitee, will defend any such suits at the sole cost and expense of Offeror. Offeror's obligations under this section shall exist regardless of concurrent negligence or willful misconduct on the part of District or any other person, but Offeror's obligation to indemnify and defend shall be limited to the proportion of negligence or willful misconduct attributable to Offeror, its subcontractors or any person under its direction or control. The

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indemnification obligation under this section shall not be limited in any way by any limitation of the amount or type of damages, compensation, or benefits payable by or for the Offeror or any such subcontractor or other person or organization under workers' compensation acts, disability benefit acts, or other employee benefit acts. 28. Insurance: Should work be required on District premises or within the public right-of-way, offeror shall provide proof of Commercial General Liability Insurance and Automobile Liability, Professional Liability and Workers’ Compensation if applicable prior to initiation of any services under District, Bid, Proposal or Contract. Coverage shall be from a company authorized to transact business in the State of California and the Delta Diablo Sanitation District and shall meet the following minimum specifications: OFFERORS' ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS IN APPENDIX A. IT IS HIGHLY RECOMMENDED THAT OFFERORS CONFER WITH THEIR RESPECTIVE INSURANCE CARRIERS OR BROKERS TO DETERMINE IN ADVANCE OF PROPOSAL SUBMISSION THE AVAILABILITY OF INSURANCE CERTIFICATES AND ENDORSEMENTS AS PRESCRIBED AND PROVIDED HEREIN. IF THERE ARE ANY QUESTIONS REGARDING THESE INSURANCE REQUIREMENTS, IT IS RECOMMENDED THAT THE AGENT/BROKER CONTACT THE PURCHASING MANAGER DIRECTLY AT (707) 257-9515. IF ANY APPARENT LOW OFFEROR FAILS TO COMPLY STRICTLY WITH THE INSURANCE REQUIREMENTS, THAT OFFEROR MAY BE DISQUALIFIED FROM AWARD OF THE CONTRACT.

29. Safety Contractors and their subcontractors working for Delta Diablo Sanitation District (District) shall comply with all applicable federal, state and local laws and safety orders in the performance of any work on District projects. In addition, Contractors and their subcontractors shall comply with all safety regulations and procedures listed in the Safe Work Requirements in Appendix B. 30. Vendor Workplace Policies No Vendor providing a service, program or activity to the public on behalf of the District shall discriminate against any person because of sex, race, color, creed, national origin or disability. Vendor, if providing a service, program or activity to the public on behalf of the District, shall comply with the Americans with Disability Act and District's policies pursuant thereto when providing said service, program or activity. 31. Award of Contract:

(a) Proposals will be analyzed and award shall be made to the responsible offeror whose proposal is determined to be the most advantageous to the District, taking into consideration price and the criteria established for evaluation set forth in the request for proposal.

(b) The District reserves the right to reject any item or items, to waive informalities, technical defects and

minor irregularities in proposals received; and to select the proposal(s) deemed most advantageous to the District. Should the District elect to waive a right it will not constitute an automatic waiver of that right in the future nor will it impact any other right or remedy. The District may consider proposals submitted on an “all or nothing” basis if the proposal is clearly designated as such.

(c) The District reserves the right to withhold award of contract for a period of ninety (90) days following RFP

opening. All proposals received are considered firm for that 90 day period.

(d) The District reserves the right to award one or more contracts on the proposals submitted, either by award of all items to one offeror or by award of separate items or groups of items to various offerors as the interests of the District may require, unless the offeror clearly specifies otherwise in his bid.

(e) Upon acceptance by Delta Diablo Sanitation District, the solicitation, proposal, and issuance of a

purchase order issued to the successful offeror shall be deemed to result in a binding contract incorporating those terms and these General Conditions without further action required by either party. Items are to be furnished as described in the RFP and in strict conformity with all instructions, conditions, specifications, and provisions in the complete contract, as defined by this clause or any related integrated agreement.

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32. Request for Proposal (RFP) Submittals: In the case of Request for Proposals (RFP’s), it should be noted that the documents submitted by prospective offerors are competitive sealed proposals and not competitive sealed bids. By their nature, proposals will include a number of variables that will vary based on the complexity of the product or service addressed within the proposal. When proposals are opened, prices and other information will not be made public until the proposal is awarded. There shall be no disclosure of any offeror’s information to competing offerors prior to the award of the proposal. At that time, the executed contract and proposals will become public information. Accordingly, each proposal should be submitted on the vendor’s most favorable terms from a price and technical standpoint. 33. Documentation: Due to the time constraints that affect contract performance, all required documents, certificates of insurance and bonds shall be provided to the District within ten (10) calendar days following date of request by District. Any failure to comply may result in proposal being declared non-responsive and rejected, and at District’s option the bid bond may be attached for damages suffered. 34. Discounts:

(a) Prompt payment discounts offered for payment within less than fifteen (15) calendar days will not be considered in evaluating proposals for award. However, offered discounts of less than 15 days will be taken if payment is made within the discount period, even though not considered in the evaluation of proposals.

(b) In connection with any discount offered, time will be computed from date of delivery and acceptance, or

invoice receipt, whichever is later. Payment is deemed to be made for the purpose of earning the discount on the date of mailing of the District check.

(c) Any discount offered other than for prompt payment should be included in the net price quoted and not

included in separate terms. In the event this is not done, the District reserves the right to accept the discount offered and adjust prices accordingly on the Purchase Order.

35. Seller’s Invoice: Invoices shall be prepared and submitted in duplicate to the address shown on the Purchase Order. Separate invoices are required for each Purchase Order. Invoices shall contain the following information: Purchase Order number, item number, description of supplies or services, sizes, unit of measure, quantity, unit price and extended totals. 36. Inspection and Acceptance: Inspection and acceptance will be at destination unless specified otherwise, and will be made by the District department shown in the shipping address or other duly authorized representative of the District. Until delivery and acceptance, and after any rejection, risk of loss will be on the offeror unless loss results from negligence of the District. 37. Lost and Damaged Shipments: Risk of loss or damage to items prior to the time of their receipt and acceptance by the District is upon the offeror. The District has no obligation to accept damaged shipments and reserves the right to return at the offeror’s expense damaged merchandise even though the damage was not apparent or discovered until after receipt of the items. 38. Late Shipments: Offeror is responsible to notify the District department receiving the items and the Purchasing Division of any late or delayed shipments. The District reserves the right to cancel all or any part of an order if the shipment is not made as promised.

39. Advertisements, Product Endorsements: District employees and agencies or organizations funded by Delta Diablo Sanitation District are prohibited from making endorsements, either implied or direct, of commercial products or services without written approval of the General Manager. No offeror may represent that Delta Diablo Sanitation District has endorsed their product or service without the District’s prior written approval.

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40. Optional Cooperative Purchase Agreement It is intended that any other public agency (i.e., county, district, public agency, municipality or state agency shall have the option to participate in any award made as a result of this solicitation. Delta Diablo Sanitation District shall incur no financial responsibility in connection with purchase orders or contracts made by the offeror with another public agency resulting from this solicitation. The public agency shall accept sole responsibility for placing orders and making applicable payments to the vendor. Offeror shall declare whether their proposal includes an option for “cooperative” purchases by other government agencies as outlined in this section where that option is offered on the RFP PRICE FORM. The option shall not be considered in the proposal evaluation.

41. District Provisions to Prevail: Except as indicated in the specifications, the District’s standard General Terms and Conditions shall govern any contract award. Any standard terms and conditions of offeror submitted by offeror shall not be acceptable to District unless expressly agreed to by the District. The District reserves the right to reject offeror’s proposal as non-responsive, to consider the proposal without offeror’s standard terms and conditions, or to require offeror to delete reference to such as a condition of evaluation or award of the proposal. If, after award of contract, offeror (contract vendor) shall provide materials or services accompanied by new or additional standard terms or conditions, they too shall be considered void and District may require deletion as a further condition of performance by vendor. 42. Lawful Performance: Vendor shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and Statutes as may be related to the performance of duties under this agreement. In addition, all applicable permits and licenses required shall be obtained by the vendor, at vendor’s sole expense. 43. Annual Appropriation of Funds: Multi-year term supply and service contracts and leases are subject to annual appropriation of funds by the District’s Board of Directors. The District plans and makes appropriations to the District Budget with respect to a fiscal year that starts July 1st and ends June 30th of each year. Payments made under term contracts and leases are considered items of current expense. Purchase Orders are funded when issued; therefore, they are current expense items and are not subject to any subsequent appropriation of funds. Continuance of a multi-year contract beyond the limits of funds available shall be contingent upon appropriation of the requisite funds in the ensuing fiscal year and the termination of this contract by lack of appropriation shall be without penalty.

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ADDITIONAL TERMS

Contract Period: The contract will be awarded for a one year period. The contract may be extended up to an additional four (4) years, one year at a time, upon mutual consent of the contractual parties. Payment Terms: Contractor shall submit a monthly invoice and shall be paid within 30 days of receipt of invoice covering all work performed in the preceding month to District’s satisfaction and in accordance with the requirements of this request for proposal. Invoice shall itemize all extra work performed (other than Basic Services) and agreed to in advance in writing by District representative. Invoices for extra work performed under Appendix D, Additional Services, Items 3, 4 and 5 shall itemize all extra work performed and agreed to in advance in writing by District representative. In the event of a dispute, District shall withhold ten percent (10%) of monthly invoice until mutual agreement has been reached. Price Adjustments: Pricing shall remain firm for the first year of the agreement. One (1) price increase will be considered each year, on the anniversary date of the agreement, as a result of:

(a) Supply price increases to the contractor; or (b) Government or Regulatory Agency increase to the trade; or (c) Consumer Price Index (CPI) increases to the industry

Any request for a price increase must be substantiated with documentation from a manufacturer or government agency and must be submitted in writing 30 days prior to the anniversary date of the agreement. The District will be the sole judge of acceptable annual price increases. Should Contractor experience decreases in any of the areas listed above, a price reduction shall be passed on to the District.

Non-Performance of Duties: Should the District find the Contractor in default, save and except the fault of the District, by not performing duties as per requirements, the District will immediately notify the Contractor’s representative verbally to make corrections within five (5) working days. If corrections are not made within five (5) working days of verbal notice, the District will then notify Contractor in writing of the deficiencies. If corrections are not made within five (5) working days of written notice the District may give Contractor a seven (7) day written notice to terminate contract. Evaluation Criteria The successful proposer will be evaluated on but not limited to the following items: A. Qualifications B. Exceptions taken to the bid C. Experience D. Performance ability E. Price F. Terms of Payment Finalist offerors may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers. When evaluating best and final offers the previous criteria will be used as well as the following additional criteria: 1. The Best and Final proposal is amended as instructed in discussions and Best and Final instructions. 2. The proposed amendments are responsive, reliable, and produce the outcome expressed by Delta Diablo

Sanitation District.

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Confidentiality: Offeror will be responsible for maintaining the confidentiality of the District’s records and data. Any information related to the scope of work as described herein cannot be sold, shared or otherwise disclosed to other companies or individuals without written permission for Delta Diablo Sanitation District.

Proposal Format: Offerors shall provide one original and one (1) identical copy of their proposal. The original copy of the proposal shall be clearly labeled “ORIGINAL”. All forms provided in the RFP shall be thoroughly completed and in the order in which they appear in this RFP. Any proposal that does not adhere to these requirements may be deemed nonresponsive and rejected on that basis. Contractor’s Employees: All employees assigned by the Contractor shall be fully capable, experienced and trained in the services to be performed. They shall be physically able to do their job and be free from any communicable disease. The Contractor shall submit names and addresses of all employees to be engaged in the work specified herein or to be given access to District facilities. The Contractor shall also cause to be completed such questionnaires, fingerprint charts, personal history statements as may be required; and submit verification to the District. Contractor’s employees shall be trained by the District (or the District’s designee) in safety issues deemed unique to the District. This training must be completed prior to Contractor’s employees working on site. Contractor’s employees shall comply with all regulations in effect for control of persons entering, remaining in or leaving the buildings. They must be identifiable and may be required to wear identification clothing or badges which shall be furnished by the Contractor. They will be required to log-in and log-out, for safety and security reasons. This and other such regulations shall be explained or furnished to the Contractor by the District. Contractor and Contractor’s employees shall not:

• Be accompanied in their work area by acquaintances, family members, assistants, or any other person unless such person is an on-duty authorized Contractor employee.

• Remove any District property or property, equipment, monies, forms or any other item belonging to an employee of the District from District facilities

• Disturb paper on desks, open drawers, cabinets, files, etc. • Use telephones or turn on or use any electronic equipment (computers, typewriters, radios, etc.) other

than those supplied by Contractor. • Engage in horseplay or loud boisterous behavior • Consume any food or beverage other than that brought with or purchased by the employee • Smoke in any building and only in designated areas outside • Be under the influence of alcohol or drugs

The District shall have and exercise full control over granting, denying, withholding, or terminating clearances for Contractor’s employees. Employees whom the District deems careless, discourteous or otherwise objectionable or who do not meet standards required for security or other reasons shall be prohibited from entering the buildings to perform work. Contractor shall in no way interpret such removal to require dismissal of or other disciplinary action against the employee; and such removal shall not be the basis of any claim for compensation or damages against the City or any of its officers, employees or agents as to the performance of the work.

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RFP PRICE FORM

All prices listed below shall include all materials, equipment, supplies, personnel, bonds, insurance, and safety training to perform the work as described in the Scope of Work. If additional services are

offered, please describe those under “Other Services” and include pricing and price unit. Basic Services Price

1. Monthly cost to clean and maintain POC and TP $ /month

2. Monthly cost to clean and maintain DHHWCF $ /month

Additional Services

3. Carpet shampooing – price per square foot $ /sqft

4. Window cleaning – price per hour $ /hour

5. Floor stripping and sealing – price per square foot $ /sqft

Other Services

6. Cost and time to bring buildings up to quality standards # of hours_______ $

District payment terms are NET 30. Offeror may offer a discount for early payment. If discount is offered terms are: % discount if paid in full within days. Option for “cooperative” purchases by other government agencies is included (Section 40. General Terms and Conditions) ________ Yes ________ No The undersigned, as offeror, certifies that this submittal is made without collusion with any other person, firm, or corporation; and in submitting a response to this request; has examined instructions, specifications, and terms and conditions of the solicitation. Respondent proposes and agrees to execute and fully perform in accordance with the instructions, specifications, terms and conditions of this request and any resulting agreement.

Signature of Offeror’s Authorized Representative Date Printed Name Name of Offeror (Company)

Title Address

Email address City, State, Zip

Phone Number Fax Number

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ADDITIONS, DELETIONS AND/OR EXCEPTIONS

Please state any and all Additions, Deletions and Exceptions that you are taking to any portion of this proposal. If not addressed below, then Delta Diablo Sanitation District assumes that the vendor will adhere to all terms and conditions listed.

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REFERENCES Offeror shall list ALL current clients. The first three clients listed will be considered Customer References and should be similar in scope to the District’s requirements.

REFERENCE #1

NAME OF FIRM

ADDRESS

CITY, STATE, ZIP CODE

TELEPHONE # ( ) CONTACT:

TOTAL SQUARE FEET CLIENT SINCE:

REFERENCE #2

NAME OF FIRM

ADDRESS

CITY, STATE, ZIP CODE

TELEPHONE # ( ) CONTACT:

TOTAL SQUARE FEET CLIENT SINCE:

REFERENCE #3

NAME OF FIRM

ADDRESS

CITY, STATE, ZIP CODE

TELEPHONE # ( ) CONTACT:

TOTAL SQUARE FEET CLIENT SINCE:

CLIENT LIST BEGINS ON NEXT PAGE

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THIS PAGE MAY BE COPIED AS NEEDED OR

OFFEROR MAY GENERATE THEIR OWN LIST IN THIS FORMAT WITH THIS INFORMATION INCLUDED

CLIENT LIST

NAME OF FIRM PHONE NUMBER

LOCATION (CITY)

CLIENT SINCE

TOTAL SQUARE

FEET

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LIST OF SUBCONTRACTORS

NAME UNDER WHICH

SUBCONTRACT IS LICENSED

LICENSE NUMBER

ADDRESS AND PHONE NUMBER

OF OFFICE, MILL OR SHOP SPECIFIC DESCRIPTION

SUBCONTRACT

(ATTACH ADDITIONAL SHEETS IF REQUIRED)

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BUSINESS PROFILE

All offerors shall submit the information as requested below.

1. Length of time your firm has been in business:

2. Length of time at current location:

3. List types and business license number(s):

4. Names and titles of all officers of the firm:

5. Is your firm a sole proprietorship doing business under a different name? YES or NO

If yes, please indicate sole proprietorship name and the name you are doing business under:

6. Is your firm incorporated? YES or NO

7. Please indicate your Federal Tax Number:

8. Payee and remittance address that will appear on invoices:

9. Physical Address:

10. List membership(s) in professional organizations such as BSCAI and/or IJCSA: ______________ ______________________________________________________________________________

11. Identify personnel who would be assigned to the District project, i.e. Account Representative, Supervisor, Laborers, etc. and their qualifications (experience, training, years with company). Attach this information to this form.

12. Total number of full time employees ____________ part-time employees _____________

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SUBMITTAL CHECKLIST

This checklist is provided to assist in the preparation of offeror’s proposal. It is only intended as a guide. It is the offeror’s responsibility to read the RFP thoroughly and comply with all requirements. All proposals should include but are not limited to the following forms:

1. RFP Price Form – completed and signed by authorized representative

2. Additions, Deletions and/or Exceptions - if none, write “NONE” and submit

3. References – complete as requested

4. List of Subcontractors – if none, write “NONE” and submit

5. Business Profile – complete as requested and attach personnel information

6. Product List – list of all cleaning products and supplies including manufacturer and description

Addenda (if any) – be sure all addenda are completed, signed and submitted with proposal

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APPENDIX A

INSURANCE REQUIREMENTS Upon award of RFP, Offeror’s insurance shall be Primary. Offeror shall take out and maintain at all times during the life of the contract the following policies of insurance with insurers (if other than State Compensation Fund) with a current A.M. Best's rating of no less than A:VII, or its equivalent, against injury/death to persons or damage to property which may arise from or in connection with the performance of work by Offeror, its agents, employees or subcontractors. The cost of such Insurance shall be included in the proposal.

A. Comprehensive or Commercial General Liability Insurance at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), in an amount of $1,000,000.00 per occurrence. If work involves explosive, underground or collapse risks, XCU must be included. If a general aggregate limit is used, either the general aggregate limit shall apply separately to this project or the general aggregate shall be twice the required occurrence limit. Said policy shall contain, or be endorsed with, the following provisions:

(1) The District, its officers, employees and agents, are covered as insureds for liability arising out of the

operations performed by or on behalf of Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the District, its officers, agents and employees.

(2) The policy shall not be canceled or materially reduced in coverage without thirty (30) days prior written notice

ten (10) days for non-payment of premium to District by certified mail.

B. Automobile liability insurance with coverage at least as broad as ISO Form numbers CA 0001 06 92, Code 1 (any auto), for vehicles used in the performance of this Agreement with minimum coverage of not less than $1,000,000 per accident combined single limit (CSL). Such policy shall contain or be endorsed with the provision that coverage shall not be canceled or materially reduced in coverage without thirty (30) days prior written notice ten (10) days for non-payment of premium to District by certified mail.

C. Worker's Compensation insurance meeting statutory limits of Labor Code which policy shall [contain or be

endorsed to contain a waiver of subrogation against District, its officers, agents, and employees and] provide for thirty (30) days prior written notice to District in the event of cancellation. If Consultant has no employees, Consultant may sign and file the following certification in lieu of insurance:

"I am aware of the provisions of California Labor Code Section 3700 which requires every

employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with the provisions of that code before commencing with and during the performance of the work of this contract."

D. Offeror shall furnish District with certificates and original endorsements effecting the required coverage prior to execution of this Agreement by District. The endorsements shall be on forms provided by District or as approved by District Attorney. Any deductible or self-insured retention over $100,000.00 shall be disclosed to and approved by District. If Offeror does not keep all required insurance policies in full force and effect, District may, in addition to other remedies under this Agreement, terminate or suspend this Agreement.

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APPENDIX B

SAFE WORK REQUIREMENTS

Contractors and their subcontractors working for Delta Diablo Sanitation District (District) shall comply with all applicable federal, state and local laws and safety orders in the performance of any work on District projects. In addition, Contractors and their subcontractors shall comply with all safety regulations and procedures listed in this Safe Work Requirements. Contractors shall take any additional precautions necessary to prevent injury or damage to persons, property, or interference with District operations. Contractors shall be responsible for notifying employees, subcontractors, and invitees of District Safe Work Requirements. No work within District facilities or on District contract work sites shall begin prior to such notification. Contractor shall not allow a new employee or new subcontractor to begin work on District projects without having conducted a full and proper safety orientation. The District’s authorized District Representative will be available to answer questions as needed. Any violation of applicable Cal/OSHA Construction Safety Orders, District safety policy, or District work safety requirements, may result in permanent removal of a Contractor’s employee from District work or termination of the Contractor’s right to proceed at the discretion of the District. DEFINITIONS

As used in this Safe Work Requirement, the following definitions are applicable: A. PARTS AND MATERIALS

Definition from Cal/OSHA GISO 3206 shall apply to this manual. All products, materials, devices, systems, or installations installed by Contractor shall have been approved, listed, labeled, or certified as conforming to applicable governmental or other nationally recognized standards, or applicable scientific principles. The listing, labeling, or certification of conformity shall be based upon an evaluation performed by a person, firm, or entity with appropriate registered engineering competence; or by a person, firm, or entity, independent of the manufacturer or supplier of the product, with demonstrated competence in the field of such evaluation.

B. CONTRACTOR Designates “Contractor,” “Contractor’s,” “Subcontractors,” “Suppliers,” “Visitors,” and all employees of each.

C. AUTHORIZED DISTRICT REPRESENTATIVE The District’s authorized representatives shall be the employee who is primarily responsible for communicating with the Contractor.

D. DISTRICT JURISDICTION For the purposes of these regulations, “District” shall mean the Delta Diablo Sanitation District.

E. TREATMENT PLANT AND FACILITIES For the purposes of these regulations, “Treatment Plant & Facilities” shall include the District’s Wastewater Treatment Plant, lift stations, sewage conveyance systems, and Recycled Water Facility including all areas of the District.

EMERGENCY PROCEDURES

A. FIRST AID Contractors shall be responsible for providing first aid and medical treatment for their employees and for

compliance with the first aid requirements of the Cal/OSHA Construction Safety Orders. Contractors shall be responsible for making prior arrangements for emergency medical care, and for transportation of injured Contractor personnel.

B. FIRE When work is being performed which generates sparks or open flames, the Contractor will be required to receive prior approval from the authorized District Representative and comply with Title 8, California Code of Regulations,

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Hot Work Permit 5189. Contractor will be required to provide a fire watch, which is a person trained in the use of appropriate fire fighting equipment, whose only task is to observe and extinguish fires. Appropriate fire extinguisher(s) shall be available at the specific work site for use in case of a fire. All Contractors’ employees shall be properly trained to use them.

In the event of a fire, Contractor shall immediately notify the nearest District employee and call Emergency (911) and give the location of the plant, which is 2500 Pittsburg-Antioch Highway, Antioch, California, 94509, phone (925) 778-4040.

C. SHELTER-IN-PLACE

Immediately upon hearing the Community Warning System siren, the District’s slow siren, and/or being instructed to shelter-in-place, all personnel, contractors, and visitors are to proceed immediately to the nearest safely accessible shelter-in-place location (see below) and report directly to the Area Warden. The Area Wardens will distribute mouth-bit respirators to visitors, contractors, and employees who do not already have them. Shelter-in-place locations are as follows:

• Plant Operations Center (POC) Maintenance Library (off main lobby) • Treatment Plant (TP) Board Room (off main lobby)

Contractors shall familiarize themselves with the District’s alarms and the designated shelter-in-place location nearest to their work site prior to commencement of work.

D. COMMUNITY WARNING SYSTEM The District participates in the local Community Warning System of Contra Costa County. It consists of the following notification elements: Countywide radio broadcast on KCBS AM740; localized radio messages via Travelers’ Information Service (TIS); computerized countywide or localized phone notification using the Community Alert Network (CAN); override of the local cable television system and interface with major radio and television stations in the Bay Area; a countywide siren system; and a computer system that links all of the notification system components. The Community Warning System siren is tested the first Wednesday of each month at 11:00 a.m. Upon hearing the alarm at any other time, all personnel, contractors, and visitors shall immediately shelter-in-place (see above).

BASIC SAFETY RESPONSIBILITIES AT DISTRICT FACILITIES

A. COMMUNICATION

Contractor shall maintain close communication with the Authorized District Representative.

B. RESPONSIBILITY Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss, to: 1. All employees on the work site and other persons and organizations who may be affected thereby. 2. All the work, materials, and equipment to be incorporated therein, whether in storage or off the site. 3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities, not designated for removal, relocation, or replacement in the course of construction. Contractor shall comply with all applicable laws and regulations (whether referred to herein or not) of any public agency having jurisdiction over the safety of persons or property, or the protection of persons from damage, injury, or loss, and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and facilities when performance of the work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property and facilities. Contractors shall designate a responsible representative at the site, whose duties shall include the prevention of accidents.

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C. GENERAL SAFETY REGULATIONS

BASIC RULES • Work shall not begin until the Contractor’s personnel have been informed of the District’s Safe Work

Requirements and potential hazards. • MSDS Information and District SAFETY Program Binders are maintained on the District Facility at all times

and available for review. • All safety procedures applicable to the job being performed, including use of appropriate protection equipment,

shall be followed. • The Contractor’s personnel shall never operate, use, adjust, modify or relocate any District equipment,

switches, valves, or other controls. The Authorized District Representative must be contacted should operation, use, adjustment, modification, or relocation of District equipment be necessary.

• Drinking water shall be supplied by Contractor. DO NOT DRINK WATER FROM HOSE CONNECTIONS AT

ANY DISTRICT FACILITY.

Hose bib connections are located throughout the treatment plant. Most of these supply treated wastewater and may or may not be posted with signs reading “Do Not Drink.” In any case, NEVER drink water from hose bibs or hoses.

• NEVER make any connection to any water line without first verifying with the Authorized District

Representative that contamination of the water lines will not occur. • Use of alcoholic beverages and/or non-prescription drugs by Contractor or any employee is strictly prohibited.

Use of prescription drugs which interfere with the individual’s ability to work safely is also prohibited. • Contractor shall advise the Authorized District Representative of any employee with any medical conditions

that could put the employee in danger. PERSONAL PROTECTION EQUIPMENT • Contractor shall be responsible for providing and assuring use by employees of all OSHA required protective

equipment. Approved respiratory equipment shall be worn when the possibility of exposure to hazardous dusts, vapors,

fumes, mists, or gases exists. In addition to all other safety regulations, pipes or conduit should be mechanically BLOCKED off. District safety procedures shall be followed when working on, but not limited to, the following systems: 1. Natural Gas and Sludge Gas (Methane) 2. Ferrous Chloride 3. Polymer 4. Hypochlorite 5. Sodium Bisulfate 6. Compressed Air

• Contractor shall be responsible for determining the existence and location of such systems. Prior to

commencement of work, Contractor shall confer with the District Representative and receive approval. POWER TOOLS • Electrical powered hand tools shall be protected by approved ground fault circuit interrupters, or shall be

double insulated.

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• Pneumatic driven power tools shall be disconnected from airlines when not in use. • Power tools and equipment requiring licenses or certification shall be used only by trained personnel who

have a valid license in their possession. Proper warning signs shall be posted when these tools are in use. • Contractor and Contractor employees’ tools and equipment used on District work sites shall be in safe

operating condition and shall conform to the requirements of Cal/OSHA regulations. All personnel using such tools shall be properly trained.

D. BARRICADES AND SIGNS FOR TRAFFIC CONTROL

All Contractors, permittees, or agencies doing work for the District, which requires traffic control, shall: 1. Install and maintain required traffic devices. 2. Provide appropriately equipped flag persons when required. 3. Provide adequate safeguards for workers and District personnel. 4. Maintain access for District personnel to all District facilities. All work on streets, roadways, or similar thoroughfares shall comply with the Federal Highway Administration’s “Manual on Uniform Traffic Control Devices for Streets and Highways” and any local ordinances. District plant speed is maximum 15 mph.

SPECIAL PROCEDURES AND UNIQUE HAZARDS

A. CONFINED SPACE ENTRY

Contractors are required to meet Cal/OSHA safety standards for CONFINED SPACE ENTRY OPERATIONS, Title 8 Article 108 (Sections 5156-5159) and to provide a safe working environment for their employees. All Contractors directing or working in confined spaces are required to notify the Authorized District Representative and follow these safety standards and provide documentation of operations testing, ventilation, and entry per the Cal/OSHA standards.

B. ELECTRICAL SYSTEMS

The District buys and generates electrical power and has 480-volt systems. All work on electrical systems shall be done in accordance with the State of California, Division of Industrial Safety, High Voltage Electrical Safety Orders.

C. FERROUS CHLORIDE SYSTEMS Contact the Authorized District Representative prior to performing work on the Ferrous Chloride System.

D. DIGESTER GAS SYSTEM Contact the Authorized District Representative prior to performing work on the Digester System.

E. HYPOCHLORITE SYSTEM Contact the Authorized District Representative prior to performing work on the

F. SODIUM BISULFITE SYSTEM

Contact the Authorized District Representative prior to performing work on the Sodium Bisulfite System.

G. GENERAL HAZARDS Throughout District facilities there are a number of extremely hazardous elements that are dangerous and they include, but are not limited, to:

• Flammable gas and petroleum • H2S (hydrogen sulfite) • Deep pools of liquid sewage which are rarely patrolled, and for which self-rescue is unlikely • Automatic start equipment • HBV (Hepatitis B Virus) • Oxygen

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APPENDIX C

SAMPLE CONTRACT

DELTA DIABLO SANITATION DISTRICT SERVICES CONTRACT

(PROJECT NAME)

THIS CONTRACT SHALL BE BINDING ON THE DISTRICT ONLY IF IT IS SIGNED BY AN AUTHORIZED

DESIGNEE This Contract (“Contract”) is made by and between Delta Diablo Sanitation District (“District”) and CONTRACTOR’S NAME (“Contractor”). The parties agree as follows:

CONTRACTOR DATA Contractor attests that it is an independent contractor solely responsible for the work performed under this Contract. Contractor, its subcontractors, employees, and agents shall not be deemed employees of the District. Contractor shall be responsible for all federal, state, and local taxes and any and all fees applicable to payments for services under this Contract. Full Business Name: Address: City, State, ZIP: Business Telephone: Facsimile: Email: Federal Tax Identification Number (“TIN”) or Social Security Number (“SSN”): Contractor’s License Primary Classification: Contractor’s State License Number: Contractor certifies under penalty of perjury that Contractor is a

Sole Proprietor Corporation Limited Liability Company Partnership Nonprofit Corporation Government Agency Other [describe: ___________________________]

CONTRACT TERMS

Effective Date: Completion Date: Payment Limit: $ Liquidated Damages: $_______ per day Payment information will be reported to the Internal Revenue Service under the name and TIN or SSN, whichever is applicable, provided above by Contractor. 1. Insurance. Contractor shall, at no cost to District, obtain and maintain insurance during the term hereof as

prescribed in Appendix A. Contractor shall furnish evidence of such coverage, naming District, its officers and employees as additional insured, as stated in Appendix A. Neither the Contractor, nor any subcontractor, shall commence work under this Agreement until the District has received and approved all required insurance policies.

2. Indemnification. Contractor shall defend, indemnify, save and hold harmless District, its governing body, officers and employees from any and all claims, costs and liability for any damages, injury or death arising directly or indirectly from, or connected with, the services provided hereunder and due to, or claimed or alleged to be due to, negligence or willful misconduct of Contractor, its officers, employees, agents, subcontractors, or any person under its direction or control, and will make good to and reimburse the indemnitee for any such matters and, if

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requested by any of the indemnitee, will defend any such suits at the sole cost and expense of Contractor. Contractor's obligations under this section shall exist regardless of concurrent negligence or willful misconduct on the part of District or any other person, but Contractor's obligation to indemnify and defend shall be limited to the proportion of negligence or willful misconduct attributable to Contractor, its subcontractors or any person under its direction or control. The indemnification obligation under this section shall not be limited in any way by any limitation of the amount or type of damages, compensation, or benefits payable by or for the Contractor or any such subcontractor or other person or organization under workers' compensation acts, disability benefit acts, or other employee benefit acts.

3. Scope of Work. Scope of work shall be as described in Appendix A, which is attached and incorporated by

reference. 4. Extra Work. In no event shall Contractor be entitled to compensation for extra work unless a written authorization

or change order describing the work and payment terms has been executed by District prior to the commencement of the work. Any work or services in addition to the work or services described in Appendix A shall be performed by Contractor and Contractor shall be paid for the extra work according to the rates or charges listed in this contract or at a rate to be mutually agreed on prior to commencement of the extra work.

5. Payment. District shall pay Contractor for services performed in full for all work actually performed in accordance

with this Agreement, and shall include all labor and materials incorporated in the completed work. 6. Time for Completion. Unless the time is extended in writing by District, Contractor shall complete all services

covered by this Agreement no later than the Completion Date specified on page 1 of this contract. 7. Liquidated Damages. The parties to this Agreement agree that, in the event that the services described in this

Agreement are not completed on time, District will sustain damage and that it will be impracticable and extremely difficult to ascertain the actual damage which District will sustain. In the event that Contractor fails to complete all of the services described in this Agreement on or before the Completion Date listed above, or within the period of any authorized extension, Contractor shall pay as and for liquidated damages, the sum listed on page 1 of this contract for each calendar day that completion is delayed.

8. Documentation. Contractor shall prepare and deliver to District at no additional charge the items described in

Appendix A to document the performance of this Agreement and shall furnish to District such information as is necessary to enable District to monitor the performance of this Agreement.

9. Termination by District. At its option, District shall have the right to terminate this Agreement at any time by written

notice to Contractor, whether or not Contractor is then in default. Upon such termination, Contractor shall, without delay, deliver to District all materials and records prepared or obtained in the performance of this Agreement, and shall be paid, without duplication, all amounts due for the services rendered and/or items delivered up to the date of termination.

10. Abandonment by Contractor. In the event that the Contractor ceases performing service under this Agreement or

otherwise abandons the project prior to completing all of the services described in this Agreement, Contractor shall, without delay, deliver to District all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which District incurs as a result of such cessation or abandonment.

11. Breach. In the event that Contractor fails to perform any of the services described in this Agreement or otherwise

breaches this Agreement, District shall have the right to pursue all remedies provided by laws or equity. Any disputes relating to the performance of this Agreement shall not be subject to non-judicial arbitration.

12. Compliance with Laws. In performing this Agreement, Contractor shall comply with all applicable laws, statutes,

ordinances, rules and regulations, whether Federal, State or local in origin. 13. Patents and Copyrights. The issuance of a patent or copyright to Contractor or any other person shall not affect

District's rights to the materials and records prepared or obtained in the performance of this Agreement. District reserves a license to use such materials and records without restriction or limitation, and District shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by District shall

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Unless corporate resolution delegates an individual to sign contracts, a contract with a corporation shall be signed by the President, Vice President or Chairman of the Board (signature 1) and the corporation Secretary, Assistant Secretary, Chief Financial Officer/Treasurer or Assistant Treasurer (signature 2).

continue for a period of fifty years from the date of execution of this Agreement, unless extended by operation of law or otherwise.

14. Assignment. This Agreement shall not be assignable or transferable in whole or in part by Contractor, whether

voluntarily, by operation of law or otherwise; provided, however, that Contractor shall have the right to sub-contract that portion of the services for which Contractor does not have the facilities to perform so long as Contractor notifies District of such subcontracting prior to execution of this Agreement. Any other purported assignment, transfer or sub-contracting shall be void.

15. Heirs, Successors and Assigns. Except as provided otherwise in Section 16 above, this Agreement shall insure to

the benefit of and bind the heirs, successors, executors, personal representatives and assigns of the parties. 16. Warranty of Work. The Contractor shall guarantee the work performed under this Contract against defective

materials or workmanship for a period of one (1) year from the date of its final acceptance under this Agreement except where longer warranty periods are specifically stated. During the one (1) year warranty period, should the Contractor fail to remedy defective material and/or workmanship, or to make replacements within five (5) days after written notice by the District, or in an emergency where delay would cause serious risk of loss or damage, it is agreed that the District may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by the Contractor.

17. Venue. This agreement shall be governed by and interpreted according to the laws of the State of California, and

venue for any proceeding shall be in Contra Costa County. Attachments: RFP#____ Contractor’s Response to RFP I HAVE READ THIS CONTRACT, INCLUDING ALL ATTACHMENTS AND APPENDIXES, IF APPLICABLE. I CERTIFY THAT I HAVE THE AUTHORITY TO SIGN AND ENTER INTO THIS CONTRACT AND AGREE TO BE BOUND BY ITS TERMS.

CONTRACTOR DISTRICT Signature #1 Authorized Representative Contractor Printed Name and Title Printed Name and Title _________________________________ Date Date _________________________________ Signature #2 _________________________________ Contractor Printed Name and Title _________________________________ Date

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