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08-0715_VOCATIONAL VISIONS_Personal Services Agreement
0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 15th day of Jam, 2008, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Vocational Visions (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to for Custodial Maintenance Services at the Old Fire Station, Railroad Depot Platform, City Park Restrooms, and the La Sala Facility; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the City shall consist of those tasks as set forth in the Request for Proposal dated March 2008 as described in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term, This Agreement shall commence on the August 1, 2008, and shall terminate, and all services required hereunder shall be completed, no later than June 30, 2011. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed Two Hundred Sixteen Thousand Eight Hundred Seventy Two Dollars($216,872.00)as set forth in Exhibit "B," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 1 3.3 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. 2 9 0 Section 9. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 12. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A-Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force 3 and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Worker's Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty(30) days'written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 4 0 0 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed"verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director To Contractor: Vocational Visions Attn: Kathryn Hebel 26041 Pala Mission Viejo, CA 92691 Section 17. Attorneys' Fees. if any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). 5 Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY O JU CAPISTRANO By: J Soto, Mayor VOC ONAL VISIONS By: ATTEST: rOAVED t R. Monahan, City Clerk AS TO FORM: Ld Omar S hdoval, City Attorney 6 0 0 CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE, STATE OF CALIFORNIA REQUEST FOR PROPOSAL SPECIFICATIONS AND CONTRACT DOCUMENTS CUSTODIAL MAINTENANCE SERVICES - OLD FIRE STATION COMPLEX - - RAILROAD DEPOT PLATFORM - - CITY PARK RESTROOMS - - LA SALA FACILITY - CITY COUNCIL JOE SOTO, MAYOR SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN DR. LONDRES USO CITY MANAGER DAVE ADAMS INTERIM DIRECTOR OF PUBLIC WORKS CINDY RUSSELL MARCH 2008 EXHIBIT "A" PROPOSAL INSTRUCTIONS Examination of Specifications and Site of Work The Contractor is required to examine the site of work and all necessary pertinent information very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirement of the Request for Proposals ("RFP"). The site conditions might differ from those in the RFP. Therefore, please verify all sites and conditions and list in your proposal, all variances between conditions indicated in the RFP and actual conditions revealed during examination. Proposals Proposals shall be in accordance with the following instructions: A. Proposals shall be made only upon the forms provided within these specifications; all proposal items shall be properly filled out; proposal prices shall be stated and the signatures of all persons signing shall be in longhand. All pricing is to include and cover all taxes, the performing of all labor requisite or proper and the providing of all necessary machinery, tools, apparatus and other means of maintenance to properly perform the task per the Specifications. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the proposal. C. Worksheets must be filled out in their entirety. D. Proposals shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. E. The City may require any contractor to furnish a statement of his financial responsibility, technical ability, equipment and references properly and fully filled out. F. Each contractor shall submit a statement of experience and list of equipment. G. Proposals shall be delivered to the Public Works Department on or before the day and hour set for receipt of proposals. H. The Contractor must submit a Quality Control Plan with the proposal which includes the means the Contractor intends to use to perform the work, effective means for correcting any problems, identification of the scope of work, identification of the means of notification of users of special work such as floor waxing, carpet cleaning, etc. and methodology of handling complaints. The Contractor shall include in their proposal a description of the methodology they intend to use to manage the City's facility custodial maintenance. This may include computer software programming or other methods for recording and scheduling work, monitoring consumable products use and keeping condition assessments. I. The Contractor must submit a copy of their Safety and Injury and Illness Prevention Programs with their proposal. 2 0 Licensing of Contractor Contractor is required to possess a current City Business License prior to commencement of work, or submit such license at the time of commencement. Selection of Successful Pr000ser The successful proposer shall execute a written Personal Services Agreement in a form substantially the same as set forth in this RFP. 3 PROPOSAL CUSTODIAL MAINTENANCE SERVICES From: CONTRACTOR To the Honorable City Council City of San Juan Capistrano The undersigned, as Proposer, declares that he or she has carefully examined the location of the proposed work as described, examined the Specifications and General Provisions, read the Instructions to Proposers, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the RFP for the following: (You may include cost of living or any anticipated increases for the second and third, years of this contract.) 1. SCHEDULED CUSTODIAL MAINTENANCE SERVICES THREE -YEAR CONTRACT COSTS (July 1, 2008 to June 30, 2011) Year Cost July 1, 2008—June 30, 2009 $ July 1, 2009 —June 30, 2010 $ July 1, 2010—June 30, 2011 $ Three-Year Contract Cost Total: $ _ Three-Year Contract Cost Total in Writing 4 ! ! 2. EMERGENCY WORK (Hourly Rate) Classification/Title Hourly Cost Markup Billing Cost Custodial/Laborer Supervisor Others Please List 3. 2008 Proposal Worksheet Complete the 2008 Proposal Worksheet (Page 6 of this RFP) Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications for the work. It is anticipated that the chosen Proposer shall commence work on July 1, 2008. (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) Dated: Business Address Dated: Telephone Number Further, the undersigned proposer certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: Business Address Dated: Telephone Number 5 CUSTODIAL MAINTENANCE SERVICES 2008 PROPOSAL WORKSHEET (must be completed) NAME/LOCATION Regular Maintenance MONTHLY COST MONTHLY COST MONTHLY COST Area Schedule YEAR ONE YEAR TWO YEAR THIRD OLD FIRE HOUSE BUILDINGS 1.Lacoua a Building 4,000 S.F. 3 days/week • 2.Nydegger Building 1,500 S.F. 3 days/week LIBRARY 1.La Sala Facility 2,770 S.F. 3 da /week PARK RESTROOMS 1.Sports Park incl.concession 1,000 S.F. 7 da eek -bleachers 8 surrounding area 5,000 S.F. 7 days/week 2.Descanso Park 240 S.F. 7 da s/week 3.Cook Park-La Novia 240 S.F. 7 da /week 4.Cook Park-Cordova 240 S.F. 7 da /week 5.EI Camino Real Park 240 S.F. 7 days/week 6.HTC Park 160 S.F. 7 days/week 7.Marco Forster Sports Fields 280 S.F. 7 days/week • 8.Stone Field 300 S.F. 7 da stweek -conference room 8 meeting room 300 S.F. 7 da stweek 9.Railroad Platform 400 S.F. 7 days/week -platform area 3,000 S.F. 7 daystweek -area across the tracks 8 street 3,000 S.F. 7 days/week Total Monthly Cost Total Yearly Cost (Monthly Cost X 12 months) . Page 6 STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. Proposer's Name Company Name 2. Business Address 3. Business Telephone Number 4. List at least six (6) Contracts of a similar type - either currently held or held within the past 24 months. From _To__ City/Company Contact Person & Contract Amt. Phone Number Signature Company 7 LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. Proposer's Name Company Name 2. Business Address 3. Business Telephone Number 4. List equipment owned by the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary. Signature Company 8 GENERAL PROVISIONS PERSONNEL, EQUIPMENT, MATERIALS, AND SUPERVISION PERSONNEL The contractor shall use and furnish all labor necessary for the satisfactory performance for the work set forth in this RFP. (a) Contractor's Laborers The Contractor agrees to require his laborers to present a neat appearance at all times while engaged in the performance of their duties and maintain good bearing and deportment toward the public. Should for any reason an employee be unsatisfactory in the opinion of the City, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory laborer. (b) Laborer Attire The Contractor shall require each of his employees to adhere to basic standards of working attire. These are basically uniforms, with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing. Shirts shall be worn at all times, buttoned and tucked in. (c) Typical Tasks Contractor shall supply laborers with the skills to perform various semi-skilled duties in connection with custodial maintenance; cleaning rubbish and debris; operating a variety of hand and power tools; painting and maintaining of public facilities, and operating light equipment. (d) Experience Three (3) years of custodial maintenance experience. The Contractor must submit written evidence of such experience before the contract is awarded. (e) Licenses Laborers will be required to possess a valid and current California Driver License. (f)Knowledge and Abilities The contractor must have the ability to use and maintain various custodial equipment, ability to perform heavy manual labor, and the ability to follow oral and written instructions. 9 0 0 (g) Additional Labor for Emergency Work Additional laborers will be supplied by the Contractor if so requested by the Public Works Director for emergency work. Any additional laborers will be paid at a rate and mark up as shown on the Proposal, Item 2 "Emergency Work Rate." EQUIPMENT The contractor shall use and furnish all equipment necessary for the satisfactory performance of the work set forth in this contract. (a) Vehicles Contractor shall display the name of his firm on any vehicles used by the Contractor's employees to carry supplies and equipment. The firm name shall be in letters large enough to be easily legible from a distance of fifty (50)feet. (b) Maintenance All equipment used by the Contractor shall be kept in a neat and clean appearance, maintained in top mechanical condition and properly adjusted, from an operational standpoint and from a safety standpoint. (c) Storage of Equipment The City may provide a reasonable amount of space for storage of the Contractor's equipment that is used in the City. The space may be designated by the Public Works Director or an authorized representative. The Contractor shall be limited to the space so designated. The Contractor shall be responsible for maintaining this area and shall return it to its original condition at the end of the contract. The City shall not be responsible for anything stolen, vandalized or damaged otherwise. MATERIALS The contractor shall furnish all material, including but not limited to cleaning equipment, cleaning agents, consumable goods, etc. necessary for the performance of the work set forth in this contract. A five percent (5%) or greater price preference shall be given to recycled products, reusable products offered as alternatives to disposable products, and products designed to be recycled where they are offered as alternatives to non- recyclable products. (a) Storage of Materials The City may provide a reasonable amount of space, if available, for storage of the Contractor's materials that are used in the City. The space may be designated by 10 0 9 the Public Works Director or an authorized representative and Contractor shall be limited to the space so designated. The contractor shall be responsible for maintaining this area and shall return it to its original condition at the end of the contract. The City shall not be responsible for anything stolen, vandalized or damaged otherwise. SUPERVISION The Contractor shall provide such adequate supervision as to furnish continuous surveillance of workmanship and adherence to schedules by the laborers performing the work under contract. The field supervisor or his representative shall check with the Department of Public Works weekly as to (1) schedule of work; (2) complaints; and (3) adequacy of performance. The Contractor shall submit such reports, as the City may require, ensuring compliance with scheduled work. The Supervisor shall be in the City at least 20% of the time while work is in progress. The Contractor shall be penalized One Hundred Dollars ($100) per week for failing to be in the City at least 5 hours per week. TELEPHONE SERVICE AND EMERGENCY NUMBERS The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at anytime that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the representative of the Contractor who can take the necessary action required to alleviate an emergency condition which threatens to cause damage to any City property. In addition, the Contractor shall employ person(s) to answer telephone complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City working hours. Normal City working hours are 7:30 A.M. to 5:30 P.M., Monday to Friday. The Contractor is required to maintain an office within a 60-mile radius of the City. Contractor is further required to provide City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call-out by the Contractor shall not be more than three (3) hours and shall by considered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of God. EMERGENCY MEDICAL FACILITY The successful proposer is required to provide the City with one (1) copy of an "Emergency Medical Facility Designation and Procedure Sheet" before a contract is awarded. On this sheet, the successful proposer must designate a twenty-four (24) 11 0 0 hour emergency medical facility to provide emergency medical treatment/care in the event of injury to any of the Contractor's employees. It will be the responsibility of the Contractor's crew supervisor/lead worker to transport or make arrangements for the transportation of any injured employee to and from the designated emergency medical facility or any similar medical facility. 12 0 GENERAL PROVISIONS SCOPE OF WORK FOR CUSTODIAL SERVICES GENERAL The intent of this section as it applies to this RFP is to perform various work activities as they relate to custodial services. The Contractor shall provide at his own risk and cost all labor, materials, tools, supplies, equipment, transportation, hauling and other items needed to perform custodial work as directed herein. SCOPE OF WORK The Contractor shall perform all work necessary to provide services in a satisfactory manner. LEVEL OF MAINTENANCE 1. All work shall be performed in accordance with the maintenance standards and basic service schedule so as to maintain a pleasing aesthetic level. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of these buildings. City reserves the right to negotiate the unit prices if frequencies change substantially. 2. Weekly inspections of all areas included in the contract will be made by the City. The results of each inspection shall be recorded and retained for routine reference. Twenty (20) hours shall be allotted monthly for inspection and contract supervision by the City. The contractor shall compensate the City for all time required for inspection and supervision in excess of the above specified time, providing that: a. The excess time is, in the opinion of the City, required due to an inadequate level of maintenance as specified herein; b. That the Contractor has failed to correct said deficiencies within the time specified by the City after notification. Compensation shall be charged at a rate including actual time, mileage and fringe benefit costs incurred by the City. Notices and penalties for non-performance are set forth as follows: a. Deficiency Notice: The Contractor is required to correct deficiencies within the time specified by the City. b. Withholding of Payment: Provided work under the Deficiency Notice has not been completed, payment for subject deficiency shall be withheld until deficiency is corrected, without right to retroactive payments. 13 0 0 c.The Contractor's representative shall contact the City on a weekly basis for notification of special maintenance item(s) requiring correction. d. The Contractor shall provide a field supervisor and maintenance crew at the work sites during normal working hours. All of the Contractor's maintenance personnel shall be supervised by a qualified, English speaking, field supervisor in the employ of the Contractor. The Contractor must employ sufficient personnel to perform all work as required. EXTRA WORK Work done under this category shall be completed for the amount stipulated under the UNSCHEDULED DAILY COST column of the proposal bid worksheet and is not included in the contract maintenance price. Emergency call out work and work requested that is beyond the scope of the regular maintenance will be billed on a time and material basis. When possible, these costs should be agreed upon before commencement of work. Invoices for this extra work shall be furnished to the City within five days of the completion of said work. WORKING TIME LIMITS All work performed by the Contractor shall be performed between the hours of 7:00 A.M. to 7:00 P.M., Monday to Sunday, as facility schedules allow, or as approved by the Public Works Director. The Contractor will be supplied with a monthly use schedule for each facility so that a monthly work schedule may be devised which will not conflict with facility use. DAMAGES The Contractor shall report without delay any damage to City equipment or property. The Contractor shall be liable for damages caused by his personnel. Any repairs and associated cost resulting from Contractor vehicle or equipment damage shall be the responsibility of the Contractor. MATERIALS TO BE PROVIDED BY CONTRACTOR The Contractor at his own cost and expense shall furnish all necessary equipment, supplies, and materials of good quality and in the amounts necessary to fulfill this contract and to accomplish an acceptable and professional level of maintenance. The Contractor shall provide all consumable goods, including but not limited to: toilet paper, seat covers, sanitary napkins, paper towels, soap and trash liners. Quality of paper goods to be approved by the City prior to award of contract. Toilet paper to be Roses Azalea —2 Ply or approved equal. The Contractor shall review the monthly facilities use schedule to ensure that adequate consumables are stocked for scheduled special events such as weddings and large 14 0 0 parties. Special consideration should be made by the contractor to ensure that the proper wooden floor care cleaners and waxes are made available in the proper quantities. (See service schedule specifications.) EQUIPMENT NOISE Noise level requirement shall apply to all equipment on the project or related to the project including but not limited to trucks or transient equipment that may or may not be owned by the contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of the public or Contractor's personnel. AIR POLLUTION Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the Contract and shall not discharge smoke, dust or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. Material to be disposed of shall not be burned. DISPOSAL OF DEBRIS The Contractor shall promptly dispose of all debris accumulated as a result of maintenance operations and will not allow any debris therefore to remain on public property after 8:00 A.M. on the day which they are collected. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDESI Work performed under this contract shall conform to the permit requirements of the San Diego Regional Water Quality Control Board, the Drainage Area Management Plan ("DAMP"), and the Model Maintenance Procedures (Attachment "2") and must be performed as described within all applicable Model Maintenance Procedures. The Contractor shall fully understand the Model Maintenance Procedures applicable to activities that are being conducted under this Contract prior to conducting them and maintain copies of the Model Maintenance Procedures throughout the Contract duration. Evaluation of activities subject to DAMP requirements performed under this Contract will be conducted to verify compliance with DAMP requirements and may be required through Contractor self-evaluation as determined by the City. MAINTENANCE SCHEDULES The Contractor is required to furnish monthly and annual maintenance schedules to include planned activities for all persons performing any function of the contract. The schedules shall be submitted to the City no later than the start of the contract and shall 15 be updated as necessary. SCHEDULE OF SERVICE - DAYS PER WEEK PARK RESTROOMS, RAILROAD PLATFORM 7 days per week Sunday Monday Tuesday Wednesday Thursday Friday Saturday X X X X X X X Please Note: The Railroad Depot Platform Restrooms need to be unlocked and cleaned first each morning. After that, HTC Park Restrooms need be unlocked and cleaned. All other park restrooms may be unlocked and cleaned in any order. LA SALA, NYDEGGER, LACOUAGUE 3 days per week Sunday Monday Tuesday Wednesday Thursday Friday Saturday X X X 16 0 GENERAL PROVISIONS ITEMS of WORK - CUSTODIAL SERVICES PROJECT LOCATIONS DAYS AND HOURS OF OPERATIONS Lacou gue Building 31421 La Matanza Between 8:00 A.M. and 5:00 P.M. Monday through Friday Special Events Excepted Nvdegger Building 31421 La Matanza Between 8:00 A.M. and 5:00 P.M. Monday through Friday Special Events Excepted La Salo Facilitv Acjachema St. @ EI Camino Real Between 9:00 A.M. and 9:00 P.M. Monday through Sunday Railroad Depot Platform Verdugo St. Between 6:00 A.M. and 10:00 P.M. Monday through Sunday City Park Restrooms Sports Park— 25925 Camino Del Avion Marco Forster— Del Obispo, north of Camino Del Avion EI Camino Real Park— Camino Capistrano, north of La Zanja Cook Park-La Novia — Corner of La Novia and Calle Arroyo Cook Park-Cordova — Calle Arroyo at Del Campo HTC Park— 31806 EI Camino Real, south of Ortega Highway Descanso Park—32506 Paseo Adelanto Stone Field —Camino Capistrano at La Zanja Between sunrise and sunset everyday 17 0 BASIC SERVICE SCHEDULE (a) Daily for ALL areas: 1) Empty all desk and area trash containers, including containers exterior of the structures and within 25 feet of entry/exit doors and deposit all wastes in designated exterior dumpsters. Wash out trash receptacles as necessary. 2) Replace container liners daily in kitchenettes and coffee areas, and others as required by observation of staining or tearing. 3) Sweep all composition floors with chemically treated dust mops. This is to include behind couches, under tables and chairs. 4) Spot mop or clean spillage from all floors, vinyl, tile, or concrete. 5) Dust and soft rag buff all public counters, window frames and sills. Use cleanser and damp rag on Formica counters and tabletops. 6) Spot clean partitions, doors, doorframes, bathroom fixtures, dryers, waste containers, and wall switches with particular attention around door handles. 7) Clean and sanitize all drinking fountains. 8) Vacuum all carpeted floors and spot clean as needed with particular attention to general public high use areas. 9) Maintain janitorial closets and storage areas in a clean and orderly manner. 10) Strain sand ashtrays. 11) Secure all exterior doors and windows. Turn off all but security night lighting. 12) Vacuum walk-off mats to maximize their dirt and grit trapping ability. (b) Daily for ALL restrooms: 1) Empty all waste containers and replace liners. 2) Clean and disinfect all consumable products containers: toilet tissue, towel, seat covers, sanitary napkin, soap, and trash cans. 3) Refill all consumable product containers mentioned above with products to be suoolied by the Contractor. 4) Clean and disinfect floor drains, all sinks, toilets, urinals, toilet seats - both sides, and exterior surfaces of the above unit together with their exposed piping. 5) Clean and polish all metal frames, fixtures, faucets and containers. 6) Clean and polish all mirrors. 7) Spot clean partitions and doors. 8) Clean splash marks on walls adjacent to or over sinks. 9) Spot clean all ceramic tile and walls. 10) Wet mop and disinfect floors. 11) Replace hanging disinfectant and urinal blocks as needed. 12) Clean all vents of dust, grime and build-up. 13) Clean and disinfect shower facilities. 14) Remove any water puddles from interior floors. 18 0 0 15) Spot clean and remove any debris from the interior and exterior of all facilities. 16) Report any graffiti on the same day in which it is noticed. (c) Daily for ALL food service and coffee areas: 1) Empty, wash as required, disinfect, and replace liners in all trash containers daily. 2) Wash all counter tops, tabletops, food wells, mixers, coffee machines, and sinks. 3) Leave machines plugged in and in the same on and off position as left by the staff, unless an empty coffee pot has been left on top of an ON element, these shall be removed and set aside, and the coffee machine turned off. 4) Wet mop and disinfect all vinyl/tile floors, and spot clean all carpet adjacent thereto. 5) Restock dispensers with paper towels. 6) No cleaning of dishes, silverware, or coffee pots will be required. 7) Sweep and mop entire kitchen floor, including under the cabinets. (d) Weekly for ALL areas unless otherwise noted: 1) Spot clean all walls. Remove smudges and all foreign marks. 2) Buff waxed floors. 3) Clean interior and exterior of all glass panel doors. 4) Perform low dusting, defined as floor level to five feet above floor, including base molding or top set, window sills, ledges, chairs, railings, partitions, tables, desks, telephones, filing cabinets and all office furniture. SPECIAL NOTE: In no case shall any paper, books, documents or equipment be touched, moved or displaced. Any suspiciously important envelopes or other material found in containers on the floor shall be left in the area with a note to the using staff member to check for value. 5) Sweep and mop all remaining non-carpeted floor areas. (e) Biweekly Wood Floor Areas 1) Periodically clean or replace the cotton cover (for dust mop) or white pad (for buffer) to insure removal of dirt from floor surface. (f) Monthly ALL areas unless otherwise noted: 1) Clean all windows inside and outside. 2) Polish all drinking fountains. 3) Apply with no hard buffing, an aerosol furniture polish (wax base formula), to achieve high gloss on wood surfaced tables, doors and cabinets. 19 0 9 (g) Monthly Food Service Areas: 1) Clean ovens using an approved oven cleaner. (h) Quarterly ALL areas: 1) Strip, wash, apply floor finish, and machine polish (or equivalent) vinyl floors. (i) Semi-annually for ALL areas: 1) Feather dust lighting fixtures. 2) Shampoo all carpeted areas as designated by the Public Works Director. EXTRA SERVICE AND ON-CALL SERVICES The Contractor shall indicate on the proposal the costs for furnishing all labor and equipment to perform on-call and extra services listed below. All cleaning materials will be monitored by the City. Extra services other than those listed shall be negotiated on a time and material basis with a not to exceed amount. The Contractor shall notify the City within 24 hours of having to perform extra work and the cost associated with the extra work. CITY PROVI ED FACILTIES The City shall provide at no cost to the contractor the following: a) Electricity b) Water c) Various janitor spaces. All equipment and supplies must be kept only in the designated spaces and the area must be kept clean. d) Dumpster bins exterior of the buildings for disposal of trash and recyclables. CONTRACT R'S RESPONSIBILITY The Contractor shall inform the City of additional concerns beyond the Contractor's responsibility which require action by the City to correct deficiencies. Examples are defective fixtures, raised floor coverings, lack of power or water, etc. The Contractor shall be responsible for securing any and all buildings that he/she leaves after work has been completed. This is to include locking all doors and windows and setting proper alarm codes. 20 0 0 CUSTODIAL CONTRACT EVALUATION STANDARDS I. GENERAL AREAS A. Vinyl, concrete or tile floors and stairs 4 -All floors swept and mopped - spotless 3 - All floors swept but not mopped recently 2 - Floors swept but some dust and debris in corners 1 - Floors and stairs not swept or mopped 13 Carpeted Floors and Stairs 4 - All carpeted areas vacuumed and neatly groomed, no stains 3 - All carpeted areas vacuumed but small spots in low visible area 2 - Carpeted areas vacuumed but a large spot in high visible area 1 - Carpeted areas not vacuumed w/spots visible C. Waste and Receptacles 3 -All waste receptacles emptied and washed out w/new liners 2 -All emptied w/new liners, but needs to be washed 1 - One or more not emptied D. Ashtrays 3 - All ashtrays emptied and wiped clean 2 - Ashtrays empty but not wiped 1 - One or more not emptied F. Sand Ashtrays 3 -All sand ashtrays cleaned and strained 2 - Sand ashtrays cleaned, but not strained 1 - Sand ashtrays not cleaned or strained F. Drinking Fountains 4 - All fountains cleaned and sanitized 3 - Fountains cleaned but not sanitized 2 - Fountains not cleaned but debris left in drain 1 - Fountains not cleaned or sanitized, with mold starting to grow G. Light Fixtures 4 -All fixtures clean inside and out 3 - Fixtures cleaned routinely, but have not been done recently 2 - Fixtures clean outside but bugs and debris can be seen when light is turned on 1 - Fixtures not clean and have not been done for at least a week H. Glass Panels and Windows 4 - All glass clean with no spots or streaks 3 - Glass cleaned but some streaks visible in corners, sills have dust on them 21 • • 2 - Glass cleaned, but streaky or a smoky tint left on it 1 - Glass not cleaned recently, fingerprints, water spots, or mud clearly seen I. Door Frames and Partitions 4 - Partitions and all door frames wiped clean, spotless 3 - Door frames and partitions regularly wiped, but not recently done 2 - Door frames and partitions wiped only at eye level, cobwebs in lower or upper corners 1 - Door frames and partitions not wiped at all cobwebs, mud on thresholds, handprints J. Counter tops and Desks, Chairs 4 - Counters and desks wiped and buffed, chairs vacuumed 3 - Counters, desks neatly organized, not wiped, chairs need vacuuming 2 - One or more left with dust or spots 1 - Desks left untouched w/spots, dust or debris on them K. Mini-blinds and Phones 3 - Dusted and sanitized weekly 2 - Routinely done, but not done recently 1 - Needs dusting or sanitizing RESTROOMS A. Waste Containers 2 -All containers emptied with new liners 1 - One or more containers not emptied B. Consumable Product Containers 2 - All containers washed and sanitized and refilled 1 - One or more containers not washed or empty and needs to be refilled C. Floor and Drains 4 - All floors mopped and drains cleaned and sanitized 3 - Floors mopped, but debris caught in drains 2 - Floors streaked, debris caught in corners in low visible areas 1 - Floors not mopped at all D. Restroom Fixtures 4 - All fixtures cleaned, polished and sanitized with fresh disinfectant blocks 3 - Fixtures cleaned and sanitized, but needs polishing or new disinfectant blocks 2 - Fixtures cleaned in front and highly visible areas, debris in corners with splash marks 1 - Toilets filthy, sinks dirty, Urinals with cigarette butts and debris in drains, fixtures dirty 22 i • E. Metal Frames and Mirrors 4 -All frames and mirrors cleaned and polished 3 - Frames and mirrors routinely done, but not done recently 2 - Mirrors clean; yet streaks and frames have smudges and finger prints on them 1 - Mirrors have water spots and streaks, frames dull with smudges and finger prints F. Doors, Partitions and Door jams 4 - All doors, partitions and door jams cleaned, polished and spotless 3 - Doors and doorjambs clean, but water spots on partitions, dirt on top of partitions 2 - Doors have handprints, doorjambs have cobwebs in corners, partitions smudged 1 -All doors, doorjambs and partitions need to be cleaned, spots and smudges all over FOOD SERVICE AND/OR COFFEE AREAS A. Trash Containers 3 - All trash containers clean, empty with new liners 2 - Trash emptied, containers not cleaned 1 - Trash needs to be emptied, new liner is needed B. Walls and Cabinets 4 - Walls and cabinets all cleaned and polished 3 - Walls and cabinets cleaned routinely, but dirt and dust on the tops of cabinets 2 - Wall and cabinets cleaned routinely, but not done recently 1 - Walls and cabinets need cleaning on fronts and needs restocking C. Counter Tops and Tables, Food Wells 4 - All counter tops and tables cleaned, wiped off, coffee machines and sinks cleaned 3 - Counter tops and tables cleaned, sinks cleaned but coffee machine needs polishing 2 - Counter tops and tables clean, sink is dirty 1 - Counter tops -and tables need cleaning, coffee machines and sinks need polishing. D. Ovens, Stove Tops, Refrigerators, Microwave 4 - Ovens and Stove Tops, Refrigerators thoroughly cleaned inside and on all exterior surfaces. 3 - Exterior surfaces cleaned thoroughly, interior surfaces not cleaned adequately. 23 0 0 2 - Exterior surfaces cleaned, interior surfaces not cleaned recently. 1 - Exterior and interior cleaning required. QUARTERLY INSPECTIONS A. Floors 4 - Stripped, washed finish applied and polished with power buffer 3 - Washed and finish applied, polished with buffer, but was not stripped first 2 - More finish applied and repolished, but was not stripped or washed 1 - Has not been done at all for at least 4 months, follow up with Contractor B. Walls 4 - Walls washed completely, all corners clean, no smudges or streaks 3 - Walls washed, but molding is still dirty in corners, or low visible areas 2 - Walls washed, but molding, upper and lower corners are neglected, spots left behind 1 - Walls have not been washed at all for at least four months, follow up with Contractor C. Blinds, Slats 3 - All blinds/slats washed and dust free 2 - Blinds just dusted, not washed 1 - Blinds need cleaning and have not been touched for months SEMI-ANNUAL INSPECTION A. Heating/Cooling Vents 3 - Vents clean in and out end polished 2 - Vents only wiped on outside filter and needs cleaning or changing 1 - Needs wiping in and out, filter needs changing B. Carpet 3 - Carpet shampooed, dry and clean smelling 2 - Carpet shampooed, left damp, or gives off a musty odor 1 - Carpet needs shampooing, follow up with contractor 24 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this _ day of __, 2008, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide custodial maintenance services; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the City shall consist of those tasks as set forth in the City's Request for Proposals dated March 2008, attached and incorporated herein by reference as Exhibit "A". To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date of this agreement and shall terminate, and all services required hereunder shall be completed, no later than June 30, 2011. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $ as set forth in the Contractor's proposal dated _ _, Exhibit "B," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 25 0 9 3.3 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 26 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. — . [RESERVED] Section 12. . [RESERVED] Genfid!84611 to the extent peRnitted by law, and G9F;tFaGtOF agFGG6 that they shall Fiat be Section 13. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the 27 0 0 negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non-owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Worker's Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. 28 0 0 Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 ErFGF6 and Omissions COVeFagG. [RESERVED] T-hF9UghGUt the teFFn of this Agreement, GORtFaGIOF shall maintain EFFGF6 , GGF1ifiGati9R that the inGLIFOIRGe Feq61iF9FAeRtG of this AgFGBFR9Rt have been satirfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. 29 0 0 Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director To Contractor: Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 30 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Joe Soto, Mayor CONTRACTOR By: ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney 31 `Pill • • OOP?r IV CREATING POSSIBILITIES FOR PEOPLE WITH DISABILITIES VISIONS 26041 Pala • Mission Viejo, CA 92691 • (949) 837-7280 • FAX (949) 859.9962 June 27, 2008 City of San Juan Capistrano 32400 Adelanto San Juan Capistrano, California Attn: Cindy Russell, Assistant City Manager Thank you for the opportunity to review our proposal for Custodial Maintenance Services for park restrooms and additional facilities. After 15 years of serving San Juan, our loyal and dedicated supervised disabled adult workforce fully understands the importance of having the City's facilities "ready for business" every day. We have looked at each and every aspect of our proposal to see where we might shave some cost away. We know we can't cut costs on supplies which run about $8000 per year and are vital to the job, or wages and benefits, insurance, etc. We have looked at administrative and overhead areas where we might pare and have discussed strategic deployment of our work crews to be even more efficient. To this end we have included our revised proposal on the attached item A in terms of annual cost. We can break it down to line items as required. Item B refers to the social benefits that Vocational Visions, in partnership with the City of San Juan Capistrano, provide. Item C refers to our compliance with all State and Federal laws, including those pertaining to the hiring of employees and payment of wages. Again, thank you for the opportunity. San Juan is like home to these individuals after so many years. If you have questions or require further information, please let me know Sincerely, Ted Donoho Community Representative Vocational Visions Cc. Kathryn Hebel Roland Fernandez Ed Kenna EXHIBIT "B" Accredited by the Rehabilitation Accreditation Commission United Way of Orange County Agency of the Yaer 7998 PROPOSAL CUSTODIAL MAINTENANCE SERVICES From: Vocational Visions CONTRACTOR To the Honorable City Council City of San Juan Capistrano The undersigned, as Proposer, declares that he or she has carefully examined the location of the proposed work as described, examined the Specifications and General Provisions, read the Instructions to Proposers, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the RFP for the following: (You may include cost of living or any anticipated increases for the second and third, years of this contract.) 1. SCHEDULED CUSTODIAL MAINTENANCE SERVICES THREE -YEAR CONTRACT COSTS (July 1, 2008 to June 30, 2011) Year Cost July 1, 2008 — June 30, 2009 s 72480.00 July 1, 2009—June 30, 2010 $ 74,292.00 July 1, 2010— June 30, 2011 s 76,140.00 Three-Year Contract Cost Total: s 222,912 00 Two hundred Twenty Two thousand nine hundred Twelve Dollars Three-Year Contract Cost Total in Writing 4 CUSTODIAL MAINTENANCE SERVICES 2008 PROPOSAL WORKSHEET (must be completed) NAME/LOCATION Regular Maintenance MONTHLY COST MONTHLY COST MONTHLY COST Area Schedule YEAR ONE YEAR TWO YEAR THIRD OLD FIRE HOUSE BUILDINGS 1.Lacoua a Building 4,000 S.F. 3 da stweek 140.00 143.50 147.00 • 2.Nydegger Building 1,500 S.F. 3 da stweek 140.00 143.50 147.00 - LIBRARY 1.La Sala Facility 2,770 S.F. 3 days/week 232.00 238.00 244.00 PARK RESTROOMS . 1.Sports Park incl.concession 1,000 S.F. 7 days/week 1250.00 1281.00 1313.00 -bleachers 8 surrounding area 5,000 S.F. 7 days/week Included Included Included 2.Descanso Park 240 S.F. 7 days/week 398.00 408.00 418.00 3.Cook Park-La Novia 240 S.F. 7 days/week 398.00 408.00 418.00 - 4.Cook Park-Cordova 240 S.F. 7 days/week 398.00 408.00 OU 5.EI Camino Real Park - 240 S.F. 7 da stweek 398.00 408.00 418.00 6.HTC Park 160 S.F. 7 days/week 346.00 355.00 364.00 7.Marco Forster Sports Fields 280 S.F. 7 days/week 398,0-0- • 8.Stone Field 300 S.F. 7 da stweek 498.00 - 510.00 523.00 -conference room&meeting room 300 S.F. 7 days/week Included Included Included 9.Railroad Platform - 400 S.F. 7 days/week 1444.00 1480.00 1517.00 -platform area 3,000 S.F. 7days/week Included Included Included area across the tracks&street 3,000 S.F. 7 da stweek Incldded Included Include Total Monthly Cost Total Yearly Cost 72480 74292 76140.0 (Monthly Cost X 12 months) Page 6 STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. Kathryn Hebel Vocational Visions Proposer's Name Company Name 2. 26041 Pala, Mission Viejo, CA 92691 Business Address 3. (949) 837-7280 Business Telephone Number 4. List at least six (6) Contracts of a similar type - either currently held or held within the past 24 months. From _To_ City/Company Contact Person & Contract Amt. Phone Number 1993 to presen San Juan Capistrano Jack Galvez $ 74,613.00 1997 to presen Mission Viejo Jerry Hill 2003 to presen Montage Carol Reynolds $ 75,000.00 1990 to presen Toshiba Dave Everett $ 55,000.00 1993 to presen Claim Jumper Larry Hill $ 35,000.00 i i ature Company 7 LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. Kathryn Rebel Vocational Visions Proposer's Name Company Name 2. 26041 Pala, Mission Viejo, CA 92691 Business Address 3. (§49) 837-2780 Business Telephone Number 4. List equipment owned by the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary. Vacuums Flnnr Buffer Mops Buckets Brooms Dusters f.''Xt�IISi nn Pnlac - Squeegees Hoses c� igpVure Company 8 Item B VOCATIONAL VISIONS Vocational Visions was begun in 1974 to serve the needs of men and women with developmental and other disabilities in south Orange County. Developmental disabilities include mental retardation, cerebral palsy, autism, and Down syndrome. Since its opening, the nonprofit organization has grown significantly so that it now offers eight distinct programs, daily serving over four hundred individuals. Vocational Visions is the only organization located in south Orange County which offers such a complete array of services. The mission of Vocational Visions is to provide the highest quality program opportunities to serve the vocational, economic, and social potential of persons with developmental and other disabilities, and to promote the life enriching potential of full community inclusion. One of the programs that best exemplifies this mission is the Supported Employment Program. Men and women with disabilities are placed at job sites throughout the county where they are able to earn a wage, demonstrate their dependability, excel at their trades, make and nurture friendships, and become contributing members of society. Over one hundred and fifty men and women are currently working in their communities because of this program. Vocational Visions relies on the extraordinary foresight of the cities and businesses who hire the men and women with disabilities that it serves. Large employers include the City of San Juan Capistrano,the City of Mission Viejo,the Montage Resort and Spa, Claim Jumper Restaurants, Albertsons Stores, Pavilions Stores, Toshiba America,the University of California Irvine,the Saddleback Valley Unified School District, and many others. In addition, employers include Big Lots, Marshall's, Ralph's, Silverado Senior Living, Von's, and Shea Center, all located in San Juan Capistrano. All these employers have found the employees to be capable, dedicated and determined people who truly value the opportunity to work. Vocational Visions has had a contract with the City of San Juan Capistrano for more than fifteen years to provide janitorial services at the parks and in the city buildings. This opportunity has allowed twelve men and women with developmental disabilities the chance to be included in an American rite of passage: employment. They have gotten up early, sweated mightily, and daily assured a job well done. Because they earned a paycheck,their reliance on government support decreased, and they became tax contributors as opposed to being tax burdens. Two of these twelve employees are residents of San Juan Capistrano. Imagine their pride of contributing within their own community. Vocational Visions has eight total programs which serve men and women with varying types and degrees of disabilities. These programs are available to any resident of San Juan Capistrano who has a need for these services. Currently, twenty-three residents of San Juan Capistrano participate on a daily basis in one of Vocational Visions' programs. (A brochure has been attached which outlines each of the programs) For nearly 34 years Vocational Visions has worked to assure that men and women with developmental and other disabilities are given the opportunity to make choices to live, work, and enjoy life in their community with dignity and respect. Much progress has been made. With the help of their employers, individuals have interacted with the community and demonstrated their value as workers, and as people. Vocational Visions is dedicated to continuing the process of education and imagines a society that embraces all its members as full partners in their community. • VOCATIONAL VISIONS • Item C POLICY ON LEGAL REQUIREMENTS I. Responsibility to CARF—The Rehabilitation Accreditation Commission Vocational Visions shall inform and provide to CARF any external reports that have been prepared that may relate to the accreditation process or to the standards established by CARF. These reports may be the product of legal actions, regulatory agencies, contractual relationships, or otherwise. Vocational Visions will write a synopsis of any incident involving litigation, allegations of wrongdoing, malpractice, and/or violations of the codes of ethics. These synopses will be provided with appropriate documentation to the proper authorities within the organization, Regional Center,the Department of Developmental Services,Protection and Advocacy, and Licensing, etc. and will be forwarded to CARF at the time of occurrence. II. Legal and Regulatory Requirements Vocational Visions shall comply with all regulatory and legal requirements that fall within the scope of services and business practices of the organization. This is itself in compliance with the organization's established Codes of Ethics. The compliance shall include, but not be limited to: a. Rights of the persons served—are evident in the Policy on the Rights of Persons Served and in the organization's Code of Ethics. These tenets are also included in the information packet given to new consumers and family members, are in the Program Handbook, and the staff orientation packet. Each consumer annually signs the receipt of the Rights of Persons Served. b. Confidentiality Requirements and the Privacy of Persons Served—are established and evident in the Code of Ethics, the Staff Orientation Packet, the Policy on the Rights of Persons Served, and the policy on Technology. The organization shall insure that the confidentiality of consumer and employee information is promoted and protected. c. Reporting Requirements—are many and varied, but reports shall be completed professionally on an ongoing, consistent basis. The following agencies or individuals require reporting on a regularly scheduled basis, or on an as needed basis: The Internal Revenue Service, State Fund Workers Compensation, Employment Development Department, Franchise Tax Board, Social Security Department, Department of Developmental Services, Department of Rehabilitation, Regional Center of Orange County, Various other Regional Centers, County of Orange, Community Care Licensing, Department of Justice, Department of Transportation, Department of Labor, California Secretary of State, State Board of Equalization, Orange County Assessor's Office, Department of Industrial Relations, Saddleback Valley Unified School District, Donors, Consumers, Employees and all others as required by regulation or law. d. Contractual Agreements—shall be maintained where appropriate and all requirements therein shall be fulfilled. Contracts shall be reviewed on a regular basis for accuracy and shall be updated as needed. Current contracts include those established by and/or for banks and lending institutions, employers, contracted workers, funding organizations, and donor groups. e. Licensing Requirements—shall be met throughout the course of the licensed period. Relicensure shall be begun in a timely manner. Licensing requirements to be met include adherence to StateOCalifornia Title 17, Community Care tensing, Department of Motor Vehicles Vehicle Codes, and the city of San Juan Capistrano. f. Corporate Status—Vocational Visions shall comply with all legal and regulatory requirements regarding its status as a State of California Domestic Nonprofit Corporation. g. Employment Practices—Vocational Visions shall comply with all regulations and requirements relating to employment practices. The Personnel Policies relate the procedures and policies of the organization regarding employment. The Program handbook relates the employment policies and procedures for the consumers. These policies shall comply with State and/or Federal Law including, but not limited to, Equal Employment Opportunity, Pre-Employment, Wage and Hour Laws, Federal and State Labor Law. h. Mandatory Employee Testing—shall comply with State and/or Federal Law. Vocational Visions requires fingerprinting and drug testing. Additionally, Community Care licensing requires Physicals and TB Testing. Vocational Visions shall maintain all Licenses, Certificates and Permits required to operate. Current Licenses, Certificates and Permits required are: 1. Sheltered Workshop Permit: State of California, Department of Industrial Relations, Division of Labor Standards Enforcement. 2. Sheltered Workshop Permit: U.S Department Of Labor, Employment Standards Administration, Wage & Hour Division. 3. Adult Day Care Licenses: State Of California, Department Of Social Services, Community Care Licensing Division. 4. Certificate Of Accreditation: CARF...The Rehabilitation Accreditation Commission(Revised 7/16/01) 5. Statement By Domestic Non-Profit Corporation: State of California 6. Business License: County of Orange, California; City of San Juan Capistrano 7. Certificate of Occupancy: City of Mission Viejo 8. Fire Department Permit: Orange County Fire Department Further, the Organization shall conform to all State and Federal Laws applicable to the organization, including, but not limited to,Accessibility,Affirmative Action, Equal Employment, Health& Safety, Licensure, and Fair Labor Practices. Conformance to all applicable requirements shall be addressed through Agency Policy and/or Procedures. The following major legal requirements are applicable to the Organization: 1. Accessibility: 1. The Americans With Disabilities Act Of 1990 2. The Rehabilitation Act Conformance: 1. Policy on Input from Persons Served 2. Consumer Handbook 3. Staff Handbook 4. Personnel Policies 5. Safety Policy 6. Plan to Remove Barriers 7. Admissions Policies 8. Policy on Accessibility 2. Equal Emaloymp • 1. Age: FEHA, ADEA, Age Discrimination Employment Act Of 1975, E.O. 11 141, Government Code SI 1 13 5 2. Race., FEHA, Title VI, Title VII, E. 0. 11246, 42 U. S. C. S 1981 3. Color: FEHA, Title VI, Title VII, E. 0. 11246, Government Code S 11 13 5 4. Ancestry and/or National Origin: FEHA, Title VI, Title VII, E.O. 11 246, Possibly 42 U.S.C. S 1981 5. Sex: FEHA Title VH, E.O. 11246, Equal Pay Act, Labor Code S 1197.5, Government Code SI 1 13 5 6. Pregnancy: FEHA, Title VII. E. 0. 11246, Equal Pay Act, Labor Code S I 1 97.5, Government Code SI 1 13 5 7. Marital Status: FEHA 8. Religion: FEHA, Title VII, E. 0. 11246, Government Code S 1113 5 9. Physical Handicap: FEHA, Rehabilitation Act, Veterans Act, Government Code S 11 13 5, ADA 10. Political Affiliation-Labor Code SS 110 I - 1 105 11. Medical Condition: FEHA, Rehabilitation Act, ADA 12. Mental Handicap: Rehabilitation Act, -ADA, Government Code S 11 13 5 13. Equal Pay, Equal Pay Act, Labor Code S 1197.5 14. Sexual Orientation: Labor Code 110 1 -2 Conformance: 1. Policy On Equal Employment Opportunity 2. Staff Handbook 3. Policy On Human Resources Development 4. Personnel Policies 3. Health and Safety: 1. The California Occupational Safety& Health Act: Department Of Industrial Relations Title 8 of the California Code of Regulations 2. General Industry Safety Orders(GISO) 3. Drug Free Workplace Act (Public Law 100-690 - Title V - Subtitle D) 4. Occupational Safety&Health Act(OSHA) and Bloodborne Pathogens: 29 CFR 1910.1030 (a) 5. SB 198: Injury & Illness Prevention Program (Title 8 of the California Code Of Regulations - General Industry Safety Orders - Section 3203) 6. California Corporate Criminal Liability Act of 1989: Be a Manager& Go To Jail 7. Proposition 65: Hazard Communication Program - The Safe Drinking Water & Toxic Act of 1986 8. The Occupational Health& Safety Act of 1970 Conformance: 1. Safety Handbook 2. Consumer Handbook 3. StaffHandbook 4. Policy On Rights, Health, and Safety 5. Staff Orientation Packet 6. Performance Evaluation Summaries 4. Fair Labor Practic• • I. Fair Labor Standards Act(FLSA) 2. Harassment Or Discrimination In Employment: The California Fair Employment And Housing Act 3. Service Contract Act 4. The National Labor Relations Act (NLRA) S. Sexual Harassment: The California Fair Employment and Housing Act 6. Walsh- Healey Public Contract Act(U.S. Department Of Labor) 7. Davis -Bacon Act 8. Family and Medical Leave Act(FMLA) Of 1993 9. Family Care & Medical Leave: Department Of Fair Employment & Housing California Code Of Regulations, Title 2, Division 4 10. Cobra: Health Care Continuation Coverage (6, 1987 IRS) 11. Unruh&Ralph Civil Rights Act 12. Industrial Welfare Commission Of The State Of California - Title 8 - California Code Of Regulations Conformance: I. Staff Handbook 2. Personnel Policies 3. Policy On Financial Planning and Management 4. Worker Handbook 5. Performance Appraisal Summary 6. Policy on Accessibility 5. Other: 1. Immigration Reform& Control Act of 1986(Form 1-9 Requirements) 2. The Sarbanes-Oxley Act of 2002 3. The Non-profit Integrity Act of 2004 Conformance: 1. Staff Orientation Packet 2. Consumer hi-Take Packet 3. Organization Bylaws 6. Licensure: 1. Evidence of Current Licenses (If Applicable Per Employee Job Descriptions) 7. Reuuired State and Federal Postings: State: 1. Industrial Welfare Commission's Orders Regulating Wages, Hours, & Working Conditions(Division Of Labor Standards Enforcement: Department Of Industrial Relations) 2. Payday Notice (Division Of Labor Standards)Enforcement: Department Of Industrial Relations 3. Discrimination In Employment Is Prohibited By Law(Department Of Fair Employment& Housing) 4. Safety and Health Protection On The Job (Division of Occupational Safety and Health) S. Notice Of Compensation Carrier(Division Of Labor Standards Enforcement) 6. Notice To Loployees Of Unemployment Insurance misability Insurance (Employment Development) 7. Log & Summary Of Occupational Injuries & Illnesses (CAL/OSHA Form 200) California Division Of Labor Statistics & Research 8. Sexual Harassment Is Prohibited By Law(Fair Employment& Housing Act) 9. Family Care & Medical Leave (Fair Employment&Housing Act) 10. Access To Medical& Exposure Records (Department Of Industrial Relations)l 11. Notice To Employees - Time Off to Vote (Office Of The Secretary Of The State, Election Division) 12. Emergency Numbers (Department Of Industrial Relations) 13. Equal Employment Opportunity is the Law(Equal Employment Opportunity Commission) 14. Notice: Employee Polygraph Protection Act(U.S. Department Of Labor- Wage & How Division) 15. Whistleblower Protection (State of California, Office of the Attorney General) 16. Paid Family Leave (Employee Development Department) Federal: 1. Federal Minimum Wage Act 2. Equal Employment Opportunity: Fair Labor Standards Act Notice-Age Discrimination Act Notice - Americans With Disabilities Act Notice 3. Occupational Safety&Health Posting 4. 4.Employee Polygraph Protection Notice Act Of 1988 5. Notice To Employees Working On Government Contracts (1313) 8. Licensing and Funding Sources 1. Confidential Records 2. Accessible Records 3. Informed Consent 4. Medications Policy 5. Vehicle Maintenance 6. California Department of Motor Vehicles Conformance 1. Policy on Rights, Health and Safety 2. Safety Handbook 3. Staff Handbook 4. Staff Orientation Packet 5. Program Policies III. Legal Response Procedures Vocational Visions is committed to responding to subpoenas, search warrants, investigations, and other legal actions with the utmost of sensitivity, expediency, and within the framework of legal authority. Upon delivery or receipt of the legal documentation or request,the Executive Director or the Administrative Assistant shall be informed immediately. The credentials of the server will be checked for authenticity, and the reason for the request, the history involved, and its relationship to the organization will be determined. As necessary, legal counsel will be sought. At the direction of the Executive Director, an appropriate and timely response will be prepared and forwarded to the proper authorities. Reviewed and Revised 7/10/07 32400 PASEO ADELANTO v /� F7 � A MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 /� IIL�� sW� SAM ALLEVATO (949)4931171 ut1111AA1U THOMAS W.HRIBAR (949)493-1053 FAX RrIRI{I(I I (A6( MARK NIELSEN www.sanjuancapistrano.org 1776 JOE SOTO • • DR.WHORES USO TRANSMITTAL TO: Kathryn Hebei Vocational Visions 26041 Pala Mission Viejo, CA 92691 DATE: August 4, 2008 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: Personal Services Agreement— Custodial Maintenance Services Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please contact me at (949) 443-6309. If you have questions concerning the agreement, please contact Michelle Perea, Management Analyst (949) 487-4315. An original agreement is enclosed for your records. Cc: Michelle Perea, Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future �, Primed on 100%recyGetl paper • • 7/15/2008 AGENDA ITEMttG 1 a TO: Dave Adams, City Manager),,, ^ FROM: Cindy Russell, Interim Utility Director SUBJECT: Consideration of an Agreement for Custodial Maintenance Services (D&I Maintenance Services, Inc.) RECOMMENDATION: By motion, approve a Personal Services Agreement with D&I Maintenance Services, Inc. for performance of custodial maintenance services for a three-year period commencing August 1, 2008, and ending June 30, 2011, in the amount of $114,911 (July 2008 not included in contract amount). SITUATION: At its meeting of June 17, 2008, the City Council continued this item to further consider the proposals received. At the direction of Council, staff sent notices to the seven proposers on June 19, 2008, in order to provide an opportunity for them to review and submit revised proposals. In addition, this notice asked for a written response from the contractors confirming their compliance with state and federal laws and regulations, and to identify any social benefit their firm may provide. These items were due to staff by June 27, 2008. Out of the seven original contractors, staff received five revised proposals and each complied with the request for written confirmation of compliance with state and federal laws. The low proposer, D&I Maintenance, based their proposal on two (2) part-time workers, at a pay rate of $9 per hour; D&I maintenance did not change the pricing previously submitted for the contract (Exhibit "A", Attachment 1). Vocational Visions based their proposal on 12 part-time workers, at varying pay rates: three (3) workers are compensated at $8 hour, and the remaining nine (9) workers are compensated at sub-minimum wage based upon productivity and in compliance with the firm's state and federal licenses (Attachment 2). The costs associated with the employee coaches (the individuals that supervise the work and the employees) are not directly included in this contract pricing. Vocational Visions reduced their original pricing over the three- year contract by $17,611.40, or approximately $5800 per year (Attachment 2). Due to the above information, staff is confident that D&I Maintenance can perform the duties of this contract per the proposal, and therefore, recommends approval of an agreement with this firm. Agenda Report • • July 15, 2008 Page 2 In addition to the above two contractors, staff received revised proposals from Team One Management (Attachment 3), Come Land Maintenance, and JaniKing. Team One Management and JaniKing did not revise their pricing from the original proposals; however, Come Land Maintenance reduced their original proposal by $177,516. Staff has attached copies of the three lowest proposals: D&I Maintenance Services, Team One Management, and Vocational Visions (Attachments 1, 2, & 3). Revised Proposals Received June 27, 2008: CONTRACTOR YR 1 YR 2 YR 3 CONTRACT TOTAL D&I MAINTENANCE SERVICE, INC. 36,588.00 39,168.00 42,204.00 117,960.00 TEAM ONE MANAGEMENT 69,120.00 69,120.00 70,848.00 209,088.00 VOCATIONAL VISIONS 72,480.00 74,292.00 76,140.00 222,912.00 COME LAND MAINTENANCE CO., INC. 72,324.00 76,080.00 79,740.00 228,144.00 JANI-KING OF CALIFORNIA, INC. 99,156.00 100,644.00 102,156.00 301,956.00 100PROW00.11"10 WEN `The month of July 2006 is included in the above proposals; however, due to the timing of this item, the contract will commence on August 1, 2008. BACKGROUND: On March 31, 2008, staff issued a Request for Proposals (RFP) for custodial maintenance services for the park restrooms, the La Sala facility, the Depot Platform, and the Old Fire Station. In an effort to solicit competitive proposals, staff mailed twenty-one RFPs to custodial maintenance providers, including the current contractor. The current contractor, Vocational Visions, was the lowest overall bidder for the contract that is due to expire on July 1, 2008. Staff has extended this contract one month to August 1, 2008. Ori final Proposals Received April 23, 2008: CONTRACTOR YR 1 YR 2 YR 3 CONTRACT TOTAL D&I MAINTENANCE SERVICE, INC. 36,588.00 39,168.00 42,204.00 117,960.00 TEAM ONE MANAGEMENT 69,120.00 69,120.00 70,848.00 209,088.00 UNITED MAINTENANCE SYSTEMS 76,852.00 76,852.00 79,157.00 232,861.00 VOCATIONAL VISIONS 78,204.00 80,159.40 82,160.00 240,523.40 JANI-KING OF CALIFORNIA, INC. 99,156.00 100,644.00 102,156.00 301,956.00 ALPHA MAINTENANCE INC. 103,680.00 106,800.00 109,920.00 320,400.00 �CyO�ME LAND MAINTENANCE CO., INC. 1 132,552.00 1 135,216.00 1 t14M ....,i, '. .n t re V;• d _!?ri :�.. 4 ..1VOf,? 137,892.000405,660.00 gV t Staff interviewed the two lowest bidders to learn more about their companies and discuss their proposals. The overall low bidder, D&I Maintenance Service, Inc. (D&I), has over 20 years of custodial maintenance experience, and prior to becoming Agenda Report • • July 15, 2008 Page 3 incorporated in 2005, often worked as a sub-contractor for other major companies. D&I is based in Ontario, CA; however, it has been able to keep costs to a minimum since employees assigned to this agreement live locally. Staff verified references for D&I, and the majority of companies provided high marks and commented on D&I's ability to provide maintenance services at a level consistent with, or beyond, their expectations. NOTIFICATION: Come Land Maintenance Co., Inc. D&I Maintenance Service, Inc. Jani-King of California, Inc. Team One Management Vocational Visions COMMISSION/BOARD REVIEW, RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: The funds available in the fiscal year 2008/2009 budget for Custodial Maintenance are shown below; however, Public Works staff had anticipated using the cost savings from this program to assist in the funding of the Ball Field Maintenance agreement that the City Council approved on July 1, 2008, which resulted in a budget shortfall of approximately $10,000. APPROVED FY 2008/2009 BUDGET FUND ACCT DEPT DESCRIPTION AMOUNT 01 62416 4445 RAILROAD PLATFORM $ 16,560.00 01 62414 4450 PARK RESTROOMS $ 36,300.00 01 62416 4456 SPORTS PARK AREA $ 17,500.00 16 62416 4451 LA SALA/OLD FIRE STATION $ 10,000.00 $ 80,360.00 Agenda Report • • July 15, 2008 Page 4 RECOMMENDATION: By motion, approve a Personal Services Agreement with D&I Maintenance Services, Inc. for performance of custodial maintenance services for a three-year period commencing August 1, 2008, and ending June 30, 2011, in the amount of $114,911 (July 2008 not included in contract amount). Respectfully submitted, Prepared by, Cindy Russell Mich Ile Perea Interim Utility Director Management Analyst Attachments: 1. Agreement with D&I Maintenance 2. Vocational Visions Proposal 3. Team One Management Proposal 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made,entered into, and shall become effective this_day of , 2008, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and D&I Maintenance, Inc. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to for Custodial Maintenance Services at the Old Fire Station, Railroad Depot Platform, City Park Restrooms, and the La Sala Facility; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the City shall consist of those tasks as set forth in the Request for Proposal dated March 2008 as described in Exhibit"A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the July 1, 2008, and shall terminate, and all services required hereunder shall be completed, no later than June 30, 2011. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed One Hundred Seventeen Thousand Nine Hundred Sixty Dollars ($117,960.00) as set forth in Exhibit "B," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 1 ATTACHMENT 0 0 3.3 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontractina and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. 2 0 9 Section 9. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect,defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 12. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A-Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force 3 0 0 and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Worker's Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days'written notice is given to City,except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 4 01 0 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed"verifying that Contractor has complied with all insurance requirements of this Agreement. Section 16. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director To Contractor: D&I Maintenance Inc. Attn: Daysi Escamilla 214 W. "B" Street Ontario, CA 91762 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). 5 ! • Section 19. Entire Aureement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Joe Soto, Mayor D&I MAINT C C. By: , Owner ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: 0VVWA gZ6' Omar Sandoval, City Attorney 6 D & I MAINTENANCE SERVICE, INC. �omvircP�cicr�� �eaia�icr�� BONDED • INSURED • LICENSED 214 W.B Street UTILITY DEPARTMENT Ontario,Ca 91764 JUN 242008 909-391-6980 909-391-6989 FAX CITY OF SAN JUAN CAPISTRANO June 20, 2008 City of San Juan Capistrano Department of Public.Works. 32400 Paseo Adelanto San Juan Capistrano, CA 92675 City of San Juan Capistrano &Public Work I am pleased that D & I Maintenance Service, Inc., has comply with all State and Federal laws and regulations pertaining to hiring employees and the payments of wage. As we discussed about our proposal,we have revised and we get to a conclusion that we will work with the same bid with you to provide constantly striving for efficiencies that allows us to offer you higher quality and better service for less. Base on Social Services, we offering local employees available 24 hrs,with background check before to start to work with the respective benefits as well, and the owner will go personally to monitor the facilities twice a week to keep on track that everything going well. Sincerely, D&rI ten ce Service,Inc. Daysi Esc i EXHIBIT "A" 214 W. "B" St. , Ontario, CA 91762 • Phone: (909) 391-6980 Fax: (909) 391-6989 Michelle Parea, Management Analyst City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 D & I Maintenance Service, Inc Daysi Escamilla President / Owner 214 W. "B" Street, Ontario, CA 91762 Our company includes complete janitorial maintenance, carpet cleaning, floor stripping and waxing,windows cleaning,metal polishing, and janitorial supplies *. We are a local company and have adequate personnel to handle our contracts a thousand dollars in annual sales. We therefore, propose to administer this contract our field and office personnel. In addition to the employees who would be perfuming the daily work schedule, we have specialists crew for periodic work,floor care, and carpet cleaning. We also have adequate day personnel who can be used in case of emergencies, or to handle request beyond the regular scope work. �� (7.wt D& I Maintenance Service, Inc janitors are carefully screened and selected by a full time professional. They are trained in both the requirements of how to clean and the importance of how to motivate other to perform at optimum levels. Ouujjr supervisors are equipped with 24/7 hours dispatch. In order to assure quality service, our program provides regular daytime inspections of your building by our quality control representative. The result of these inspections and any comments by your personnel are report immediately to our President for prompt action and follow through. dwt ofise�r D & I Maintenance Service, Inc believes in the importance of communication. Our office is staffed 24 hours a day seven days a week. Our equipped supervision and cellular phone make D & I Maintenance Service, Inc available 24 / 7. Daysi Escamilla a President / owner Carlos Escamilla 0 Vice President Sonia Solorio 0 Administrative Manager Christian Rosales 0 Supervisor CLIENT REFERENCES 1. - Green Valley Landscape $28.K per Yr 2006— Present Address: 8970 Dumond Dr. Fontana, Ca 92335 Contact: Christian Rosales Tel: 951-227-8893 Service: Complete Janitorial Service. 2. - Zamora Insurance &r Travel Service $18. K Per Yr 2005- Present Address: 4625-A Riverside Dr. Chino,CA 91710 Contact: Maria Elvia Zamora Tel: 909-590-3300 Service: Complete Janitorial Service. 3. - Serrot Corporation $ 19.K per Yr 2005- Present Address: 216 W. `B" Street Ontario, CA 91762 Contact: Oswaldo Torres Tel: 909-988-4816 Service: Complete Janitorial Servide. , 4. - Medical Center, Inc $34.K per Yr 2004- Present Address: 7444 Lanker shim Blvd North Hollywood, CA 91605 Contact: Manuel Umanzor Tel: 818-765-4917 Service: Complete Janitorial Service. 5. - Sara Int'l Inc Or Archies Auto $30. K per yr 2005- Present Address: 120 south Plum Ave Ontario, Ca 91761 Contact: Sam Akbar Tel: 909-391-3441 Service: Complete Janitorial Service. 6. - JEP Entertainment Group Inc$42 .K per Yr 2006- Present Address: 16027 Ventura Blvd Suit#510 Encino,CA 91436 Contact: Kahnca V. Siliezar Tel: 818-501-9412 Service: Complete Janitorial Service i � STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. _ Dpi Main ►ice Sery rcer frnC Proposer's Name Company Name 2. 21A I�(• l3 Imre! E. frit) T702 Business Address 3 (Clo10490 Business Telephone Number 4. List at least six (6) Contracts of a.similar type - either currently held or held within the past 24 months. From __To_ City/Company Contact Person & Contract Amt. Phone Number S' & eng n ee, Berg/I cod hC Con parry 7 LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. _D—& I MGI-1 WW ce Inc Pr poser's Name Company Na e X14-- w 8. sfy:.eefr -- Business Address 3. 1014 - 391 'IPqd0D -- Business Telephone Number 4. List equipment owned by the quoting firm that is available for use on this contract. \�MProvide type, make and model year. Use additional sheets if necessary. broo m s — --- -- -- uc t< s _— — mops -Roo r I;o — — �ruc5 hL—s — _ dfel��cs Signature L1gl anrz �✓iCP,nG Company 8 PROPOSAL CUSTODIAL MAINTENANCE SERVICES From: CONTRACTOR To the Honorable City Council City of San Juan Capistrano The undersigned, as Proposer, declares that he or she has carefully examined the location of the proposed work as described, examined the Specifications and General Provisions, read the Instructions to Proposers, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the RFP for the following: (You may include cost of living or any anticipated increases for the second and third, years of this contract.) 1. SCHEDULED CUSTODIAL MAINTENANCE SERVICES THREE -YEAR CONTRACT COSTS (July 1, 2008 to June 30, 2011) Year Cost July 1, 2008 —June 30, 2009 $ 3LQ SSS' o n July 1, 2009— June 30, 2010 $ 3q a J LV g o 0 July 1, 2010 —June 30, 2011 $ 4,R OR L"T' Three-Year Contract Cost Total: $ 1 1 7 1 CADO. nnf, hundred .Seventeen thou and nine hundr&l and Three-Year Contract Cost Total in Writing 4 2. EMERGENCY WORK (Hourly Rate) Classification/Title Hourly Cost Markup Billing Cost Custodial/Laborer 10.00 -50 Supervisor 0 00 ' Others Please List •00 60 Wfek wox' Floor 3. 2008 Proposal Worksheet Complete the 2008 Proposal Worksheet (Page 6 of this RFP) Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications for the work. It is anticipated that the chosen Proposer shall commence work on July 1. 2008. (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) rr\\ � ,, Dated: _ _��� 914- VJ , g • S+re PE , l�Y)'f arfO, CA- q 17 4 Business Address Dated: (7- /� �al)R) 791 - U91eb Telephone Number Further, the undersigned proposer certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. �t�L Dated: ( —d� _ 2�•'T • {/y • •tS�'I ed, O ►'r CA -C l74 g Business Address Dated: _4 �. y� —_ tgoq)c34f-&qtb -- Telephone Number 5 CUSTODIAL MAINTENANCE SERVICE 2008 PROPOSAL WORKSHET NAME/LOCATION AREA REGULAR MAINTENANCE MONTHLY COST MONTHLY COST MONTHLY COST SCHEDULE ONEYR 2YRS 3YRS OLD FIRE HOUSE BUILDING Lacoua a Building4000 3 days/week $ 280.00 $ 300.00 $ 321.00 N de er Building1500 3 days/week $ 180.00 $ 193.00 $ 207.00 LIBRARY • La Salsa Faility 2770 3 days/week $ 240.00 $ 257.00 $ 275.00 PRAK RESTROOMS Sport Park Incl.Concesion 1000 7 days/week $ 70.00 $ 75.00 $ 81.00 bleachers&L surrounding area 5000 7 days/week $ 350.00 $ 375.00 $ 402.00 Descanso Park 240 7 days/week $ 88.00 $ 94.00 $ 104.00 Cook Park La novia 240 7 clays/week $ 88.00 $ 94.00 $ 104.00 Cook Park Cordova 240 7 clays/week $ 88.00 $ 94.00 $ 104.00 Fl Camino Real Park 240 7 days/week $ 88.00 $ 94.00 $ 104.00 HTC Park 160 7 clays/week $ 75.00 $ 81.00 $ 87.00 Marco Forster S orts Fields 280 7 davs/week $ 82.00 $ 88.00 $ 95.00 Stone Field 300 7 da s/week $ 85.00 $ 91.00 $ 101.00 Conference room&r meeting to 300 7 days/week $ 85.00 $ 91.00 $ 101.00 Railroad Platform 400 7 days/week $ 300.00 $ 321.00 $ 343.00 • Platform area 3000 7 days/week $ 475.00 $ 508.00 $ 544.00 are acroos the tranks&c street 3000 7 days/week $ 475.00 $ 508.00 $ 544.00 Total Monthl Cost M ! , Total Monthly Cost Monthl,( y Cost X 12 Months $ 36,588.00 $ 39,168.00 $ 42,204.00 9102 • • d r CREATING POSSIBILITIES FOR PEOPLE WITH DISABILITIES VISIONS 26041 Pala • Mission Viejo, CA 92691 • (949) 837-7280 • FAX (949) 859-9962 June 27, 2008 City of San Juan Capistrano 32400 Adelanto San Juan Capistrano, California Attn: Cindy Russell, Assistant City Manager Thank you for the opportunity to review our proposal for Custodial Maintenance Services for park restrooms and additional facilities. After 15 years of serving San Juan, our loyal and dedicated supervised disabled adult workforce fully understands the importance of having the City's facilities "ready for business" every day. We have looked at each and every aspect of our proposal to see where we might shave some cost away. We know we can't cut costs on supplies which run about $8000 per year and are vital to the job, or wages and benefits, insurance, etc. We have looked at administrative and overhead areas where we might pare and have discussed strategic deployment of our work crews to be even more efficient. To this end we have included our revised proposal on the attached item A in terms of annual cost. We can break it down to line items as required. Item B refers to the social benefits that Vocational Visions, in partnership with the City of San Juan Capistrano, provide. Item C refers to our compliance with all State and Federal laws, including those pertaining to the hiring of employees and payment of wages. Again, thank you for the opportunity. San Juan is like home to these individuals after so many years. If you have questions or require further information, please let me know Sincerer Ted Donoho Community Representative Vocational Visions Cc. Kathryn Hebel Roland Fernandez Ed Kenna ATTACHMENT 2 �a Accredited by the Rehabilitation Accreditation Commission United Way of Orange County Agency of the Year 1998 PROPOSAL CUSTODIAL MAINTENANCE SERVICES From: Vocational Visions CONTRACTOR To the Honorable City Council City of San Juan Capistrano The undersigned, as Proposer, declares that he. or she has carefully examined the location of the proposed work as described, examined the Specifications and General Provisions, read the Instructions to Proposers, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the RFP for the following: (You may include cost of living or any anticipated increases for the second and third, years of this contract.) 1. SCHEDULED CUSTODIAL MAINTENANCE SERVICES THREE -YEAR CONTRACT COSTS (July 1, 2008 to June 30, 2011) Year Cost July 1, 2008—June 30, 2009 $ 72480.00 July 1, 2009—June 30, 2010 $ 74,292.00 July 1, 2010—June 30, 2011 $ 76,140.00 Three-Year Contract Cost Total: $ 222.912 00 Two hundred Twenty Two thousand nine hundred Twelve Dollars Three-Year Contract Cost Total in Writing 4 CUSTODIAL MAINTENANCE SERVICES 2008 PROPOSAL WORKSHEET (must be completed) NAMEILOCATION Regular Maintenance MONTHLY COST MONTHLY COST MONTHLY COST Area Schedule YEAR ONE YEARTWO YEAR THIRD OLD FIRE HOUSE BUILDINGS 1.Lacoua a Building 4,000 S.F. 3 da eek 140.00 143.50 147.00 2.Nydegger Building 1,500 S.F. 3 days/week 140.00 143.50 147.0o - LIBRARY 47.00 -LIBRARY 1.La Sala Facility 2,770 S.F. 3 da eek 232.00 238.00 244.00 PARK RESTROOMS 1.Sports Park ind.concession 1,000 S.F. 7 days/week 1250.00 1281.00 1313.00 -bleachers&surrounding area 5,000 S.F. 7 de week Included Included Included 2.Descanso Park 240 S.F. 7 days/week 398.00 408.00 418.00 3.Cook Park-La Novia 240 S.F. 7 days/week 398.00 408.00 418.00 4.Cook Park-Cordova 240 S.F. 7 days/week 398.00 408.00 14 1 R on 5.EI Camino Real Park 240 S.F. 7 days/week 398.00 408.00 418.00 6.HTC Park 160 S.F. 7 days/week 346.00 355.00 364.00 7.Marco Forster Sports Fields 280 S.F. 7 days/week 398.00 408qQQ • 8.Stone Feld 300 S.F. 7 days/week 498.00 510.00 523.00 -conference room&meeting room 300 S.F. 7 da eek Included Included Included 9.Railroad Platform 400 S.F. 7 days/week 1444.00 1480.00 1517.00 -platform area 3,000 S.F. 7daystweek Included Included Included -area across the tracks&street 3,000 S.F. 7 days/week Incldded Included Included Total Monthly Cost Total Yearly Cost 72480 74292 76140. (Monthly Cost X 12 months) Page 6 2. EMERGENCY WORK (Hourly Ratel ClassificationlTitle Hourly Cost Markup Billing Cost Custodial/Laborer $8.80 $3.00 $11.80 Supervisor $17.60 $4.50 $22.10 Others Please List 3. 2008 Proposal Worksheet Complete the 2008 Proposal Worksheet (Page 6 of this RFP) Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications for the work. It is anticipated that the chosen Proposer shall commence work on July 1. 2008. (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) . Dated: .__� 22,900na 26041 Pala, Mission Viejo, CA 92691 Business Address Dated: April 22, 2008 (949) 837-7280 Telephone Number Further, the undersigned proposer certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: April 22, 2008 26041 Pala, Mission Viejo, CA 92691 Business Address Dated: April 22, 2008 26041 Pala, Mission Viejo, CA 92691 Telephone Number 5 STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. Kathryn Hebel Vocational Visions Proposer's Name Company Name 2. 26041 Pala, Mission Viejo, CA 92691 Business Address 3. (949) 837-7280 Business Telephone Number 4. List at least six (6) Contracts of a similar type - either currently held or held within the past 24 months. From `To, City/Cc 7Contact Person & Contract Amt. Phone Number 1993 to preseni San Juan Capistrano Jack Galvez $ 74,613.00 1997 to present Mission Viejo Jerry Hill + 2003 to pres en Montage Carol Reynolds $ 75,000.00 190 to presen Toshiba Dave Everett $ 55,000.00 1993 to present Claim Jumper Larry Sill $ 35,000.00 l I ature{ CYt{ l/x40 g4�djS Company 7 LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. Kathryn Hebei Vocational Visions Proposer's Name Company Name 2. 26041 Pala, Mission Viejo, CA 92691 Business Address 3. 049) 837-2780 Business Telephone Number 4. List equipment owned by the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary. Vacuums Flnnr Buffer Mops Bucakets Brooms Dusters Eatte 'nn PnlP4 Squeegees Hoses ig ure Company 8 • • Item B VOCATIONAL VISIONS Vocational Visions was begun in 1974 to serve the needs of men and women with developmental and other disabilities in south Orange County. Developmental disabilities include mental retardation, cerebral palsy, autism, and Down syndrome. Since its opening,the nonprofit organization has grown significantly so that it now offers eight distinct programs, daily serving over four hundred individuals. Vocational Visions is the only organization located in south Orange County which offers such a complete array of services. The mission of Vocational Visions is to provide the highest quality program opportunities to serve the vocational, economic, and social potential of persons with developmental and other disabilities, and to promote the life enriching potential of full community inclusion. One of the programs that best exemplifies this mission is the Supported Employment Program. Men and women with disabilities are placed at job sites throughout the county where they are able to earn a wage,demonstrate their dependability,excel at their trades,make and nurture friendships, and become contributing members of society. Over one hundred and fifty men and women are currently working in their communities because of this program. Vocational Visions relies on the extraordinary foresight of the cities and businesses who hire the men and women with disabilities that it serves. Large employers include the City of San Juan Capistrano,the City of Mission Viejo,the Montage Resort and Spa, Claim Jumper Restaurants, Albertsons Stores, Pavilions Stores, Toshiba America, the University of California Irvine, the Saddleback Valley Unified School District,and many others. In addition, employers include Big Lots, Marshall's, Ralph's, Silverado Senior Living,Von's, and Shea Center, all located in San Juan Capistrano. All these employers have found the employees to be capable, dedicated and determined people who truly value the opportunity to work. Vocational Visions has had a contract with the City of San Juan Capistrano for more than fifteen years to provide janitorial services at the parks and in the city buildings. This opportunity has allowed twelve men and women with developmental disabilities the chance to be included in an American rite of passage: employment.They have gotten up early, sweated mightily,and daily assured a job well done. Because they earned a paycheck,their reliance on government support decreased, and they became tax contributors as opposed to being tax burdens. Two of these twelve employees are residents of San Juan Capistrano. Imagine their pride of contributing within their own community. Vocational Visions has eight total programs which serve men and women with varying types and degrees of disabilities. These programs are available to any resident of San Juan Capistrano who has a need for these services. Currently,twenty-three residents of San Juan Capistrano participate on a daily basis in one of Vocational Visions' programs. (A brochure has been attached which outlines each of the programs) For nearly 34 years Vocational Visions has worked to assure that men and women with developmental and other disabilities are given the opportunity to make choices to live,work, and enjoy life in their community with dignity and respect. Much progress has been made. With the help of their employers, individuals have interacted with the community and demonstrated their value as workers,and as people.Vocational Visions is dedicated to continuing the process of education and imagines a society that embraces all its members as full partners in their community. • VOCATIONAL VISIONS • Item C POLICY ON LEGAL REQUIREMENTS I. Responsibility to CARF—The Rehabilitation Accreditation Commission Vocational Visions shall inform and provide to CARF any external reports that have been prepared that may relate to the accreditation process or to the standards established by CARE These reports may be the product of legal actions,regulatory agencies,contractual relationships, or otherwise. Vocational Visions will write a synopsis of any incident involving litigation,allegations of wrongdoing,malpractice, and/or violations of the codes of ethics. These synopses will be provided with appropriate documentation to the proper authorities within the organization, Regional Center,the Department of Developmental Services,Protection and Advocacy, and Licensing, etc. and will be forwarded to CARF at the time of occurrence. H. Legal and Regulatory Requirements Vocational Visions shall comply with all regulatory and legal requirements that fall within the scope of services and business practices of the organization. This is itself in compliance with the organization's established Codes of Ethics. The compliance shall include, but not be limited to: a. Rights of the persons served—are evident in the Policy on the Rights of Persons Served and in the organization's Code of Ethics. These tenets are also included in the information packet given to new consumers and family members, are in the Program Handbook, and the staff orientation packet. Each consumer annually signs the receipt of the Rights of Persons Served. b. Confidentiality Requirements and the Privacy of Persons Served—are established and evident in the Code of Ethics,the Staff Orientation Packet,the Policy on the Rights of Persons Served, and the policy on Technology. The organization shall insure that the confidentiality of consumer and employee information is promoted and protected. c. Reporting Requirements—are many and vaned,but reports shall be completed professionally on an ongoing, consistent basis. The following agencies or individuals require reporting on a regularly scheduled basis, or on an as needed basis: The Internal Revenue Service, State Fund Workers Compensation, Employment Development Department, Franchise Tax Board, Social Security Department, Department of . Developmental Services, Department of Rehabilitation, Regional Center of Orange County,Various other Regional Centers, County of Orange, Community Care Licensing, Department of Justice, Department of Transportation, Department of Labor, California Secretary of State, State Board of Equalization, Orange County Assessor's Office, Department of Industrial Relations, Saddleback Valley Unified School District, Donors, Consumers,Employees and all others as required by regulation or law. d. Contractual Agreements—shall be maintained where appropriate and all requirements therein shall be fulfilled. Contracts shall be reviewed on a regular basis for accuracy and shall be updated as needed. Current contracts include those established by and/or for banks and lending institutions, employers, contracted workers, funding organizations, and donor groups. e. Licensing Requirements—shall be met throughout the course of the licensed period. Relicensure shall be begun in a timely manner. Licensing requirements to be met include adherence to Statewalifornia Title 17, Community Care Onsing, Department of Motor Vehicles Vehicle Codes, and the city of San Juan Capistrano. f. Corporate Status—Vocational Visions shall comply with all legal and regulatory requirements regarding its status as a State of California Domestic Nonprofit Corporation. g. Employment Practices—Vocational Visions shall comply with all regulations and requirements relating to employment practices. The Personnel Policies relate the procedures and policies of the organization regarding employment. The Program handbook relates the employment policies and procedures for the consumers. These policies shall comply with State and/or Federal Law including,but not limited to,Equal Employment Opportunity, Pre-Employment, Wage and Hour Laws, Federal and State Labor Law. h. Mandatory Employee Testing—shall comply with State and/or Federal Law.Vocational Visions requires fingerprinting and drug testing.Additionally, Community Care licensing requires Physicals and TB Testing. Vocational Visions shall maintain all Licenses, Certificates and Permits required to operate. Current Licenses, Certificates and Permits required are: 1. Sheltered Workshop Permit: State of California, Department of Industrial Relations,Division of Labor Standards Enforcement. 2. Sheltered Workshop Permit: U.S Department Of Labor, Employment Standards Administration, Wage&Hour Division. 3. Adult Day Care Licenses: State Of California,Department Of Social Services, Community Care Licensing Division. 4. Certificate Of Accreditation: CARF...The Rehabilitation Accreditation Commission(Revised 7/16/01) 5. Statement By Domestic Non-Profit Corporation: State of California 6. Business License: County of Orange, California; City of San Juan Capistrano 7. Certificate of Occupancy: City of Mission Viejo 8. Fire Department Permit: Orange County Fire Department Further, the Organization shall conform to all State and Federal Laws applicable to the organization, including, but not limited to, Accessibility,Affirmative Action,Equal Employment,Health&Safety, Licensure, and Fair Labor Practices. Conformance to all applicable requirements shall be addressed through Agency Policy and/or Procedures. The following major legal requirements are applicable to the Organization: 1. Accessibility: 1. The Americans With Disabilities Act Of 1990 2. The Rehabilitation Act Conformance: 1. Policy on Input from Persons Served 2. Consumer Handbook 3. Staff Handbook 4. Personnel Policies 5. Safety Policy 6. Plan to Remove Barriers 7. Admissions Policies 8. Policy on Accessibility 2. Equal Emulovmes • 1. Age: FEHA, AREA,Age Discrimination Employment Act Of 1975, E.O. 11 141, Government Code SI 1 13 5 2. Race., FEHA, Title VI, Title VII, E. 0. 11246, 42 U. S. C. S 1981 3. Color: FEHA, Title VI, Title VII, E. 0. 11246, Government Code S 11 13 5 4. Ancestry and/or National Origin: FEHA, Title VI, Title VII, E.O. 11 246, Possibly 42 U.S.C. S 1981 5. Sex: FEHA Title VH, E.O. 11246, Equal Pay Act, Labor Code S 1197.5, Government Code SI 1 13 5 6. Pregnancy: FEHA, Title VII. E. 0. 11246, Equal Pay Act, Labor Code S 1 1 97.5, Government Code SI 1 13 5 7. Marital Status:FEHA 8. Religion: FEHA, Title VII, E. 0. 11246, Government Code S I 1 1 3 5 9. Physical Handicap: FEHA, Rehabilitation Act, Veterans Act, Government Code S 11 13 5,ADA 10. Political Affiliation-Labor Code SS 110 I- 1 105 11. Medical Condition: FEHA, Rehabilitation Act, ADA 12. Mental Handicap: Rehabilitation Act, -ADA, Government Code S 11 13 5 13. Equal Pay, Equal Pay Act,Labor Code S II 97.5 14. Sexual Orientation: Labor Code II 0 1 -2 Conformance: 1. Policy On Equal Employment Opportunity 2. Staff Handbook 3. Policy On Human Resources Development 4. Personnel Policies 3. Health and Safetv: 1. The California Occupational Safety&Health Act: Department Of Industrial Relations Title 8 of the California Code of Regulations 2. General Industry Safety Orders(GISO) 3. Drug Free Workplace Act (Public Law 100-690 -Title V - Subtitle D) 4. Occupational Safety&Health Act(OSHA) and Bloodborne Pathogens: 29 CFR 1910.1030(a) 5. SB 198: Injury & Illness Prevention Program (Title 8 of the California Code Of Regulations- General Industry Safety Orders - Section 3203) 6. California Corporate Criminal Liability Act of 1989: Be a Manager&Go To Jail 7. Proposition 65: Hazard Communication Program - The Safe Drinking Water & Toxic Act of 1986 8. The Occupational Health& Safety Act of 1970 Conformance: 1. Safety Handbook 2. Consumer Handbook 3. Staff Handbook 4. Policy On Rights,Health, and Safety 5. Staff Orientation Packet 6. Performance Evaluation Summaries 4. Fair Labor Practi� • 1. Fair Labor Standards Act(FLSA) 2. Harassment Or Discrimination In Employment: The California Fair Employment And Housing Act 3. Service Contract Act 4. The National Labor Relations Act(NLRA) 5. Sexual Harassment: The California Fair Employment and Housing Act 6. Walsh-Healey Public Contract Act(U.S. Department Of Labor) 7. Davis - Bacon Act 8. Family and Medical Leave Act(FMLA) Of 1993 9. Family Care & Medical Leave: Department Of Fair Employment & Housing California Code Of Regulations, Title 2, Division 4 10. Cobra: Health Care Continuation Coverage (6, 1987 IRS) 11. Unruh&Ralph Civil Rights Act 12. Industrial Welfare Commission Of The State Of California - Title 8 - California Code Of Regulations Conformance: 1. Staff Handbook 2. Personnel Policies 3. Policy On Financial Planning and Management 4. Worker Handbook 5. Performance Appraisal Summary 6. Policy on Accessibility 5. Other: 1. Immigration Reform& Control Act of 1986 (Form 1-9 Requirements) 2. The Sarbanes-Oxley Act of 2002 3. The Non-profit Integrity Act of 2004 Conformance: 1. Staff Orientation Packet 2. Consumer In-Take Packet 3. Organization Bylaws 6. Licensure: 1. Evidence of Current Licenses (If Applicable Per Employee Job Descriptions) 7. Required State and Federal Postings: State: 1. Industrial Welfare Commission's Orders Regulating Wages,Hours,&Working Conditions (Division Of Labor Standards Enforcement: Department Of Industrial Relations) 2. Payday Notice (Division Of Labor Standards)Enforcement: Department Of Industrial Relations 3. Discrimination In Employment Is Prohibited By Law(Department Of Fair Employment& Housing) 4. Safety and Health Protection On The Job(Division of Occupational Safety and Health) S. Notice Of Compensation Carrier(Division Of Labor Standards Enforcement) 6. Notice To E*oyees Of Unemployment Insurance Asability Insurance (Employment Development) 7. Log& Summary Of Occupational Injuries &Illnesses (CAL/OSHA Form 200) California Division Of Labor Statistics & Research 8. Sexual Harassment Is Prohibited By Law(Fair Employment& Housing Act) 9. Family Care&Medical Leave (Fair Employment&Housing Act) 10. Access To Medical & Exposure Records (Department Of Industrial Relations)I 11. Notice To Employees - Time Off to Vote (Office Of The Secretary Of The State, Election Division) 12. Emergency Numbers (Department Of Industrial Relations) 13. Equal Employment Opportunity is the Law(Equal Employment Opportunity Commission) 14. Notice: Employee Polygraph Protection Act (U.S. Department Of Labor- Wage& Hour Division) 15. Whistleblower Protection(State of California, Office of the Attorney General) 16. Paid Family Leave(Employee Development Department) Federal: 1. Federal Minimum Wage Act 2. Equal Employment Opportunity: Fair Labor Standards Act Notice-Age Discrimination Act Notice-Americans With Disabilities Act Notice 3. Occupational Safety&Health Posting 4. 4.Employee Polygraph Protection Notice Act Of 1988 5. Notice To Employees Working On Government Contracts (1313) 8. Licensin¢and Funding Sources 1. Confidential Records 2. Accessible Records 3. Informed Consent 4. Medications Policy 5. Vehicle Maintenance 6. California Department of Motor Vehicles Conformance 1. Policy on Rights, Health and Safety 2. Safety Handbook 3. Staff Handbook 4. Staff Orientation Packet 5. Program Policies III. Legal Response Procedures Vocational Visions is committed to responding to subpoenas, search warrants, inyestigations, and other legal actions with the utmost of sensitivity, expediency, and within the framework of legal authority. Upon delivery or receipt of the legal documentation or request,the Executive Director or the Administrative Assistant shall be informed immediately.The credentials of the server will be checked for authenticity, and the reason for the request,the history involved, and its relationship to the organization will be determined. As necessary, legal counsel will be sought. At the direction of the Executive Director, an appropriate and timely response will be prepared and forwarded to the proper authorities. Reviewed and Revised 7/10/07 June 27,2008 Ms. Cindy Russell Assistant City Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Custodial Maintenance Services for Park restrooms,etc. Dear Cindy: In response to your correspondence dated June 19,2008,1 as a representative of Team One Management am officially notifying you that our comptuiy complies with all state and federal laws and regulations. The observance of all local and federal laws extent to hiring of employees, payments of wages and safety issues. In regards to any social benefits provided by our company,we have a strong responsibility towards both our clients and employees. Our employee safety is our#1 goal hence; our mandatory monthly safety meetings. In twelve years,we have not had one claim. In these times of sky rocketing health care prices,we are still providing Health insurance to our full time employees. Some of the other benefits we provide our employees include vacation pay,Christmas bonuses,bonuses for well performance jobs, zero interest loans and free social, legal and financial professional consultation. Based on my twelve years of experience in the janitorial industry most of these benefits are unheard of in majority of the janitorial oompanies. As a result,tum over of employees in our company is almost non existent. In regards to social benefit to the community, since the majority of our company employees including company owners live in South Orange County,we feel a strong responsibility towards our community. At times we have contributed both financially and physically towards different charities. In regards to a revised proposal, since our original proposal was submitted based on observance of all laws and regulations and detail accurate information received from the city's staff, we would like to stay with our original proposal submitted to the city. I again would like to thank the City of San Juan Capistrano and its employees for the opportunity and professional guidance. If you have any questions or need additional information,please contact me at(949)348-1446. Sincerely, Ruben Meriutt Mike Akhavan 27762 Forbes Road Suite 18D Laguna Niguel CA 92677 (949) 34s-1446 Fax (949) 348-1722 ATTACHMENT PROPOSAL CUSTODIAL MAINTENANCE SERVICES From: CONTRACTOR --- 0 To the Honorable City Council City of San Juan Capistrano The undersigned, as Proposer, declares that he or she has carefully examined the location of the proposed work as described, examined the Specifications and General Provisions, read the Instructions to Proposers, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the RFP for the following: (You may include cost of living or any anticipated increases for the second and third, years of this contract.) 1. SCHEDULED CUSTODIAL MAINTENANCE SERVICES THREE -YEAR CONTRACT COSTS (July 1, 2008 to June 30, 2011) Year Cost July 1, 2008 — June 30, 2009 $ j�i I • Od July 1, 2009 —June 30, 2010 $ b 1 , 1 a O • 0 July 1, 2010 — June 30, 2011 $ ©, 8 9-B . 0 V Three-Year Contract Cost Total: $ 10109 8 . 00 Three-Year Contract Cost Total in Writing 4 0 0 2. EMERGENCY WORK (Hourly Rate) ClassificationfTitle Hourly Cost Markup 113111ina Cost Custodial/Laborer -oo -13.od OO Supervisor 4'•oo 3 -o o 7 • 00 Others Please List 3. 2008 Proposal Worksheet Complete the 2008 Proposal Worksheet (Page 6 of this RFP) Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications for the work. It is anticipated that the chosen Proposer shall commence work on July 1. 2008. (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) Dated: - Z - 0 g 17 61 D I rL� r A 1817 Upy Business Address Dated: 2 Z — oc� — 1 t l -34$ — 19~�'r; -- Telephone Number Further, the undersigned proposer certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: F-o(bes- " q Business Address �J Dated: --2-Z- _— 3ti-- 5 "— �t*-6 Telephone Nu er (A\ KA1G"V0-a1 5 CD a N ca CUSTODIAL MAINTENANCE SERVICES co 2406 REVISED PROPOSAL WORKSHEET(must be completed) J NAMEILOCATION Approx. RegularMaintananee MONTHLY COST MONTHLYCOST MONTHLY COST �n Area Sol"* YEAR ONE YEARTWO YEAR TRRtD' a OLD FIRE HOUSE BUILDINGS 1.LaBdcl 1600 S.F. 3 tl ek 14 3 SO •N con 2.Myftgw Bukd'ing 1.500 S.F. 3 daysNveek ) 0(-0 ` , rO LIBRARY / - 1.La Sala Facft - - 2300 S.F 3 daysAveek 50 PARK RESTROOMS O 1_Sports Pwkind.concession 1,000 S.F. 7 da eek 5-0 6 g • _7 S -6deachea a swou"cov area 5,000 S.F_ 7 days/week 2.Oeacanso Park 240 S.F. 7 daysAweek 1-00 O0 O 0 0 3.Cook Park-LaNwia 240 S.F. 7 da eek 1- 00 Q O 00 { 9.Cook Park-Cordova 240 S.F. 7 k '{-0 0 \ O . O C) � 5.EI Candno Real Park 240 S.F. 7 dardweek 0U �} O C7 \ U . O U n 6.HTC Park 160 S.F. 7 eek 3 v 2 ' co EMercoForaftr orts Raids 280 S.F. 7 d (week 1'-- (00 Q Q 9' \ b .cx)d 300 S.F, 7 da hreek b Q `I'O d �" \ - 00e mom&m mo 300S.F. 7 d !week Plefurn 400 S.F. 7 dayslweek f3OQ 130 0 3 3 � .SO rea 3,000 S.F. 7 daysAveek a Ore tracks 6 street 3,000 S.F. 7 daysMeek Total Monthly Cost S ] [ �- Total Yearly Cost 1 ."LQ ;10 0 $ MoMWy CoMX 12 months) _ CD a Page 6 m STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. ��.--t, ©'ilei Proposers Name Wripany Name 2. _ Q-) IeX f6�s y20.,4 yrIBD La9i�na i s ��� -�1* 91 -11 Business Address 3. Cl t-1 - 3 t--8— Business Telephone Number 4. List at least six (6) Contracts of a similar type - either currently held or held within the past 24 months. From _To_ City/Company Contact Person & Contract Amt. Phone Number e-20 La1cc Boras s V%c o nese-n Sou or -3 4 -112'7 �-4-1000.00 APP-IL 2007 vinc / M�r� e 1611 c�.�rK rese✓n-h- ew,sl. Con.e. C �g,606.00 0c*oLb4-/2oo I G," 10-s"" :0( s eSe5o V� 'oC�k F1QI1 t- — ?S= 1 2,1&00 ,00 7o,u.a�y ZooG o..c�,o Mv� e r3u�t eis t 0` nS- C� � o�5�QO-0a Zv. 200 �� ,_�k, G f� Tr,`/ a a es2n Corcr�',�) e✓ � '1v�s� �I `0.60 Signature ea Cgn� Y�c>nl Company b,(-c-e- ,\ze2oo6 Also vep ii rh 26 Coo.00 P rose^t U, e� YJ 9tl 360 -17X--7 LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PARTOFQUOTATION. Cmf, M0.no`5er\cx�� Proposer's Name Ltompany Name 2. R.P -wee �8�l �I�„,�1, CA�- Business Address Business Telephone Number 4. List equipment owned by the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary. W b 6 e- �)V' M D-00-7 Ski �fd �f� ` 2' Vis 2 00g -- _fVS5 C-0 kt_ cAl on L✓= �D� Vacuum 1c�O6 — _1Q[_�x { o UP_ 10�_ C - 10 iia _ Mop " fL�lAs�l s 11L`41� s, I0c) e f Signature bY�P �0.x�0`5�I(�e.+�� Company 8 32400 PASEO ADELJ\NTO � � � MEMBERS OF THE CITU COUNCIL SAN JUAN CAPISTRANO,CA 92675 /// �� SAM (949)493-1171 (949)493-1053 FAX In[oAloARlfo THOMAASS W W.HoRIBAR FIDRISXEG IB6I MARK NIELSEN www sunjuancapistruno.org )]]6 JOE SOTO • DR.LONDRES USO NOTIFICATION OF M OTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, July 15, 2008 in the City Council Chamber in City Hall, to consider: "Consideration of an Agreement for Custodial Maintenance Services (D&I Maintenance Services, Inc)" — Item No. Gla. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, July 14, 2008 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Michelle Perea, Management Analyst. You may contact that staff member at (949) 487-4315 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.orp. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: citvclerk cDsanivancapistrano.org. Meg Monahan, MMC City Clerk cc: Come Land Maintenance Co., Inc.; D&I Maintenance Services, Inc.; Jani-King of California, Inc.; Team One Management; Vocational Visions; Cindy Russell, Interim Utility Director; Michelle Perea, Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future �, Printed on 100%recycled paper 6/17/2008 AGENDA ITEM D13 TO: Dave Adams, City Manager FROM: Cindy Russell, Interim Utility Director SUBJECT: Consideration of an Agreement for Custodial Maintenance Services (D&I Maintenance Service, Inc.) RECOMMENDATION: By motion, approve the Personal Services Agreement with D&I Maintenance Services, Inc. for performance of Custodial Services for a three-year period commencing July 1, 2008, and ending June 30, 2011, in the amount of $117,960.00. SITUATION: On March 31, 2008, staff issued a Request for Proposals (RFP) for custodial maintenance services for the park restrooms, the La Sala facility, and the Old Fire Station. Twenty-one RFPs were mailed to custodial maintenance providers, including the current contractor, Vocational Visions. On April 23, 2008, the City received the following six proposals: CONTRACTOR YR 1 YR 2 YR 3 CONTRACT TOTAL D&I MAINTENANCE SERVICE, INC. 36,588.00 39,168.00 42,204.00 117,960.00 TEAM ONE MANAGEMENT 69,120.00 69,120.00 70,848.00 209,088.00 UNITED MAINTENANCE SYSTEMS 76,852.00 76,852.00 79,157.00 232,861.00 VOCATIONAL VISIONS 78,204.00 80,159.40 82,160.00 240,523.40 JANI-KING OF CALIFORNIA, INC. 99,156.00 100,644.00 102,156.00 301,956.00 ALPHA MAINTENANCE INC. 103,680.00 106,800.00 109,920.00 320,400.00 COME LAND MAINTENANCE CO., INC. 132,552.00 1 135,216.00 1 137,892.00 405,660.00 Staff interviewed the two lowest bidders to learn more about their companies and discuss their proposals. The overall low bidder, D&I Maintenance Service, Inc. (D&I), has over 20 years of custodial maintenance experience, and prior to becoming incorporated in 2005, often worked as a sub-contractor for other major companies. D&I is based in Ontario, CA; however, they have been able to keep costs to a minimum since employees assigned to this agreement live locally. Staff verified references for D&1, and the majority of companies provided high marks and commented on D&I's ability to provide maintenance services at a level consistent with or beyond their expectations. For these reasons, staff recommends award of the three-year park restroom, La Sala facility, and Old Fire Station custodial maintenance Agenda Report • • June 17, 2008 Page 2 services agreement to D&I Maintenance Service, Inc. in the amount of $117,960. Services for this custodial maintenance RFP will commence on July 1, 2008, and end on June 30, 2011. NOTIFICATION: Alpha Maintenance Inc.* Come Land Maintenance Co., Inc.* D&I Maintenance Service, Inc.* Jani-King of California, Inc.* Team One Management* United Maintenance Systems* Vocational Visions* *Staff report included COMMISSION/BOARD REVIEW, RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: There are sufficient funds available in the fiscal year 2008/2009 budget for Custodial Maintenance as shown below. APPROVED FY 2008/2009 BUDGET FUND ACCT IDEPT IDESCRIPTION AMOUNT 01 62416 4445 RAILROAD PLATFORM $ 16,560.00 01 62414 4450 PARK RESTROOMS $ 36,300.00 01 62416 4456 1 SPORTS PARK AREA $ 17,500.00 16 62416 4451 ILA SALA/OLD FIRE STATION $ 10,000.00 $ 80,360.00 Agenda Report • • June 17, 2008 Page 3 RECOMMENDATION: By motion, approve the Personal Services Agreement with D&I Maintenance Services, Inc. for performance of Custodial Services for a three-year period commencing July 1, 2008, and ending June 30, 2011, in the amount of$117,960.00. Respectfully submitted, Prepared by, &fidq�tV�� Cindy Rus ell Michelle Perea Interim Utility Director Management Analyst Attachments: 1. Personal Services Agreement 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this_day of , 2008, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and D&I Maintenance, Inc. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to for Custodial Maintenance Services at the Old Fire Station, Railroad Depot Platform City Park Restrooms, and the La Sala Facility; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the City shall consist of those tasks as set forth in the Request for Proposal dated March 2008 as described in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the July 1, 2008, and shall terminate, and all services required hereunder shall be completed, no later than June 30, 2011. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed One Hundred Seventeen Thousand Nine Hundred Sixty Dollars ($117,960.00) as set forth in Exhibit "B," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 1 ATTACHMENT 0 0 3.3 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City,the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. 2 0 0 Section 9. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 12. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A-Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force 3 0 0 and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Worker's Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty(30) days'written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 4 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed"verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director To Contractor: D&I Maintenance Inc. Attn: Daysi Escamilla 214 W. "B" Street Ontario, CA 91762 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys'fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). 5 0 0 Section 19. Entire Aureement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Joe Soto, Mayor D&I MAINT C C. By: Owner ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: () VVWA "�!�Q Omar Sandoval, City Attorney 6 CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE, STATE OF CALIFORNIA REQUEST FOR PROPOSAL SPECIFICATIONS AND CONTRACT DOCUMENTS CUSTODIAL MAINTENANCE SERVICES - OLD FIRE STATION COMPLEX - - RAILROAD DEPOT PLATFORM - - CITY PARK RESTROOMS - - LA SALA FACILITY - CITY COUNCIL JOE SOTO, MAYOR SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN DR. LONDRES USO CITY MANAGER DAVE ADAMS INTERIM DIRECTOR OF PUBLIC WORKS CINDY RUSSELL MARCH 2008 EXHIBIT "A" PROPOSAL INSTRUCTIONS Examination of Specifications and Site of Work The Contractor is required to examine the site of work and all necessary pertinent information very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirement of the Request for Proposals ('RFP"). The site conditions might differ from those in the RFP. Therefore, please verify all sites and conditions and list in your proposal, all variances between conditions indicated in the RFP and actual conditions revealed during examination. Proposals Proposals shall be in accordance with the following instructions: A. Proposals shall be made only upon the forms provided within these specifications; all ,proposal items shall be properly filled out; proposal prices shall be stated and the signatures of all persons signing shall be in longhand. All pricing is to include and cover all taxes, the performing of all labor requisite or proper and the providing of all necessary machinery, tools, apparatus and other means of maintenance to properly perform the task per the Specifications. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the proposal. C. Worksheets must be filled out in their entirety. D. Proposals shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. E. The City may require any contractor to furnish a statement of his financial responsibility, technical ability, equipment and references properly and fully filled out. F. Each contractor shall submit a statement of experience and list of equipment. G. Proposals shall be delivered to the Public Works Department on or before the day and hour set for receipt of proposals. H. The Contractor must submit a Quality Control Plan with the proposal which includes the means the Contractor intends to use to perform the work, effective means for correcting any problems, identification of the scope of work, identification of the means of notification of users of special work such as floor waxing, carpet cleaning, etc. and methodology of handling complaints. The Contractor shall include in their proposal a description of the methodology they intend to use to manage the City's facility custodial maintenance. This may include computer software programming or other methods for recording and scheduling work, monitoring consumable products use and keeping condition assessments. I. The Contractor must submit a copy of their Safety and Injury and Illness Prevention Programs with their proposal. 2 Licensing of Contractor Contractor is required to possess a current City Business License prior to commencement of work, or submit such license at the time of commencement. Selection of Successful Pr000ser The successful proposer shall execute a written Personal Services Agreement in a form substantially the same as set forth in this RFP. 3 PROPOSAL CUSTODIAL MAINTENANCE SERVICES From: CONTRACTOR To the Honorable City Council City of San Juan Capistrano The undersigned, as Proposer, declares that he or she has carefully examined the location of the proposed work as described, examined the Specifications and General Provisions, read the Instructions to Proposers, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the RFP for the following: (You may include cost of living or any anticipated increases for the second and third, years of this contract.) 1. SCHEDULED CUSTODIAL MAINTENANCE SERVICES THREE -YEAR CONTRACT COSTS (July 1, 2008 to June 30, 2011) Year Cost July 1, 2008 —June 30, 2009 $ July 1, 2009—June 30, 2010 $ July 1, 2010—June 30, 2011 $ Three-Year Contract Cost Total: $ Three-Year Contract Cost Total in Writing 4 0 2. EMERGENCY WORK (Hourly Rate) Classification/Title Hourly Cost Markup Billing Cost Custodial/Laborer Supervisor Others Please List 3. 2008 Proposal Worksheet Complete the 2008 Proposal Worksheet (Page 6 of this RFP) Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications for the work. It is anticipated that the chosen Proposer shall commence work on July 1, 2008. (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) Dated: Business Address Dated: Telephone Number Further, the undersigned proposer certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: Business Address Dated: Telephone Number 5 CUSTODIAL MAINTENANCE SERVICES 2008 PROPOSAL WORKSHEET (must be completed) NAMEILOCATION Regular Maintenance MONTHLY COST MONTHLY COST MONTHLY COST Area Schedule YEAR ONE YEAR TWO YEAR THIRD OLD FIRE HOUSE BUILDINGS • 1.Lacoua a Building 4,000 S.F. 3 da stweek 2.Nydegger Building 1,500 S.F. 3 da /week LIBRARY 1.La Sala Facility 2,770 S.F. 3 days/week PARK RESTROOMS 1.Sports Park incl.concession 1,000 S.F. 7 days/week -bleachers&surrounding area 5,000 S.F. 7 days/week 2.Descanso Park 240 S.F. 7 days/week 3.Cook Park-La Novia 240 S.F. 7 da /week 4.Cook Park-Cordova 240 S.F. 7 da /week 5.EI Camino Real Park 240 S.F. 7 days/week 6.HTC Park 160 S.F. 7 days/week 7.Marco Forster Sports Fields 280 S.F. 7 days/week • 8.Stone Field 300 S.F. 7 days/week -conference room&meeting room 300 S.F. 7 days/week 9.Railroad Platform 400 S.F. 7 days/week -platform area 3,000 S.F. 7 days/week -area across the tracks&street 3,000 S.F. 7 days/week Total Monthly Cost Total Yearly Cost (Monthly Cost X 12 months) ` Page 6 STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. Proposer's Name Company Name 2. Business Address 3. Business Telephone Number 4. List at least six (6) Contracts of a similar type - either currently held or held within the past 24 months. From ___To_ City/Company Contact Person & Contract Amt. Phone Number Signature Company 7 LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. Proposer's Name Company Name 2. Business Address 3. Business Telephone Number 4. List equipment owned by the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary. Signature Company 8 GENERAL PROVISIONS PERSONNEL, EQUIPMENT, MATERIALS, AND SUPERVISION PERSONNEL The contractor shall use and furnish all labor necessary for the satisfactory performance for the work set forth in this RFP. (a) Contractor's Laborers The Contractor agrees to require his laborers to present a neat appearance at all times while engaged in the performance of their duties and maintain good bearing and deportment toward the public. Should for any reason an employee be unsatisfactory in the opinion of the City, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory laborer. (b) Laborer Attire The Contractor shall require each of his employees to adhere to basic standards of working attire. These are basically uniforms, with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing. Shirts shall be worn at all times, buttoned and tucked in. (c) Typical Tasks Contractor shall supply laborers with the skills to perform various semi-skilled duties in connection with custodial maintenance; cleaning rubbish and debris; operating a variety of hand and power tools; painting and maintaining of public facilities, and operating light equipment. (d) Experience Three (3) years of custodial maintenance experience. The Contractor must submit written evidence of such experience before the contract is awarded. (e) Licenses Laborers will be required to possess a valid and current California Driver License. (f)Knowledge and Abilities The contractor must have the ability to use and maintain various custodial equipment, ability to perform heavy manual labor, and the ability to follow oral and written instructions. 9 (g) Additional Labor for Emergency Work Additional laborers will be supplied by the Contractor if so requested by the Public Works Director for emergency work. Any additional laborers will be paid at a rate and mark up as shown on the Proposal, Item 2 "Emergency Work Rate." EQUIPMENT The contractor shall use and furnish all equipment necessary for the satisfactory performance of the work set forth in this contract. (a) Vehicles Contractor shall display the name of his firm on any vehicles used by the Contractor's employees to carry supplies and equipment. The firm name shall be in letters large enough to be easily legible from a distance of fifty (50) feet. (b) Maintenance All equipment used by the Contractor shall be kept in a neat and clean appearance, maintained in top mechanical condition and properly adjusted, from an operational standpoint and from a safety standpoint. (c) Storage of Equipment The City may provide a reasonable amount of space for storage of the Contractor's equipment that is used in the City. The space may be designated by the Public Works Director or an authorized representative. The Contractor shall be limited to the space so designated. The Contractor shall be responsible for maintaining this area and shall return it to its original condition at the end of the contract. The City shall not be responsible for anything stolen, vandalized or damaged otherwise. MATERIALS The contractor shall furnish all material, including but not limited to cleaning equipment, cleaning agents, consumable goods, etc. necessary for the performance of the work set forth in this contract. A five percent (5%) or greater price preference shall be given to recycled products, reusable products offered as alternatives to disposable products, and products designed to be recycled where they are offered as alternatives to non- recyclable products. (a) Storage of Materials The City may provide a reasonable amount of space, if available, for storage of the Contractor's materials that are used in the City. The space may be designated by 10 0 0 the Public Works Director or an authorized representative and Contractor shall be limited to the space so designated. The contractor shall be responsible for maintaining this area and shall return it to its original condition at the end of the contract. The City shall not be responsible for anything stolen, vandalized or damaged otherwise. SUPERVISION The Contractor shall provide such adequate supervision as to furnish continuous surveillance of workmanship and adherence to schedules by the laborers performing the work under contract. The field supervisor or his representative shall check with the Department of Public Works weekly as to (1) schedule of work; (2) complaints; and (3) adequacy of performance. The Contractor shall submit such reports, as the City may require, ensuring compliance with scheduled work. The Supervisor shall be in the City at least 20% of the time while work is in progress. The Contractor shall be penalized One Hundred Dollars ($100) per week for failing to be in the City at least 5 hours per week. TELEPHONE SERVICE AND EMERGENCY NUMBERS The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at anytime that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the representative of the Contractor who can take the necessary action required to alleviate an emergency condition which threatens to cause damage to any City property. In addition, the Contractor shall employ person(s) to answer telephone complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City working hours. Normal City working hours are 7:30 A.M. to 5:30 P.M., Monday to Friday. The Contractor is required to maintain an office within a 60-mile radius of the City. Contractor is further required to provide City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call-out by the Contractor shall not be more than three (3) hours and shall by considered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of God. EMERGENCY MEDICAL FACILITY The successful proposer is required to provide the City with one (1) copy of an "Emergency Medical Facility Designation and Procedure Sheet" before a contract is awarded. On this sheet, the successful proposer must designate a twenty-four (24) 11 9 0 hour emergency medical facility to provide emergency medical treatment/care in the event of injury to any of the Contractor's employees. It will be the responsibility of the Contractor's crew supervisor/lead worker to transport or make arrangements for the transportation of any injured employee to and from the designated emergency medical facility or any similar medical facility. 12 GENERAL PROVISIONS SCOPE OF WORK FOR CUSTODIAL SERVICES GENERAL The intent of this section as it applies to this RFP is to perform various work activities as they relate to custodial services. The Contractor shall provide at his own risk and cost all labor, materials, tools, supplies, equipment, transportation, hauling and other items needed to perform custodial work as directed herein. SCOPE OF WORK The Contractor shall perform all work necessary to provide services in a satisfactory manner. LEVEL OF MAINTENANCE 1. All work shall be performed in accordance with the maintenance standards and basic service schedule so as to maintain a pleasing aesthetic level. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of these buildings. City reserves the right to negotiate the unit prices if frequencies change substantially. 2. Weekly inspections of all areas included in the contract will be made by the City. The results of each inspection shall be recorded and retained for routine reference. Twenty (20) hours shall be allotted monthly for inspection and contract supervision by the City. The contractor shall compensate the City for all time required for inspection and supervision in excess of the above specified time, providing that: a. The excess time is, in the opinion of the City, required due to an inadequate level of maintenance as specified herein; b. That the Contractor has failed to correct said deficiencies within the time specified by the City after notification. Compensation shall be charged at a rate including actual time, mileage and fringe benefit costs incurred by the City. Notices and penalties for non-performance are set forth as follows: a. D ficiencv Notice: The Contractor is required to correct deficiencies within the time specified by the City. b. Withholding of Payment: Provided work under the Deficiency Notice has not been completed, payment for subject deficiency shall be withheld until deficiency is corrected, without right to retroactive payments. 13 0 0 c.The Contractor's representative shall contact the City on a weekly basis for notification of special maintenance item(s) requiring correction. d. The Contractor shall provide a field supervisor and maintenance crew at the work sites during normal working hours. All of the Contractor's maintenance personnel shall be supervised by a qualified, English speaking, field supervisor in the employ of the Contractor. The Contractor must employ sufficient personnel to perform all work as required. EXTRA WORK Work done under this category shall be completed for the amount stipulated under the UNSCHEDULED DAILY COST column of the proposal bid worksheet and is not included in the contract maintenance price. Emergency call out work and work requested that is beyond the scope of the regular maintenance will be billed on a time and material basis. When possible, these costs should be agreed upon before commencement of work. Invoices for this extra work shall be furnished to the City within five days of the completion of said work. WORKING TIME LIMITS All work performed by the Contractor shall be performed between the hours of 7:00 A.M. to 7:00 P.M., Monday to Sunday, as facility schedules allow, or as approved by the Public Works Director. The Contractor will be supplied with a monthly use schedule for each facility so that a monthly work schedule may be devised which will not conflict with facility use. DAMAGES The Contractor shall report without delay any damage to City equipment or property. The Contractor shall be liable for damages caused by his personnel. Any repairs and associated cost resulting from Contractor vehicle or equipment damage shall be the responsibility of the Contractor. MATERIALS TO BE PROVIDED BY CONTRACTOR The Contractor at his own cost and expense shall furnish all necessary equipment, supplies, and materials of good quality and in the amounts necessary to fulfill this contract and to accomplish an acceptable and professional level of maintenance. The Contractor shall provide all consumable goods, including but not limited to: toilet paper. seat covers, sanitary napkins, paper towels, soap and trash liners. Quality of paper goods to be approved by the City prior to award of contract. Toilet paper to be Roses Azalea —2 Ply or approved equal. The Contractor shall review the monthly facilities use schedule to ensure that adequate consumables are stocked for scheduled special events such as weddings and large 14 0 0 parties. Special consideration should be made by the contractor to ensure that the proper wooden floor care cleaners and waxes are made available in the proper quantities. (See service schedule specifications.) EQUIPMENT NOISE Noise level requirement shall apply to all equipment on the project or related to the project including but not limited to trucks or transient equipment that may or may not be owned by the contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of the public or Contractor's personnel. AIR POLLUTION Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the Contract and shall not discharge smoke, dust or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. Material to be disposed of shall not be burned. DISPOSAL OF DEBRIS The Contractor shall promptly dispose of all debris accumulated as a result of maintenance operations and will not allow any debris therefore to remain on public property after 8:00 A.M. on the day which they are collected. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDESI Work performed under this contract shall conform to the permit requirements of the San Diego Regional Water Quality Control Board, the Drainage Area Management Plan ("DAMP"), and the Model Maintenance Procedures (Attachment "2") and must be performed as described within all applicable Model Maintenance Procedures. The Contractor shall fully understand the Model Maintenance Procedures applicable to activities that are being conducted under this Contract prior to conducting them and maintain copies of the Model Maintenance Procedures throughout the Contract duration. Evaluation of activities subject to DAMP requirements performed under this Contract will be conducted to verify compliance with DAMP requirements and may be required through Contractor self-evaluation as determined by the City. MAINTENANCE SCHEDULES The Contractor is required to furnish monthly and annual maintenance schedules to include planned activities for all persons performing any function of the contract. The schedules shall be submitted to the City no later than the start of the contract and shall 15 be updated as necessary. SCHEDULE OF SERVICE - DAYS PER WEEK PARK RESTROOMS, RAILROAD PLATFORM 7 days per week Sunday Monday Tuesday Wednesday Thursday Friday Saturday X X X X X X X Please Note: The Railroad Depot Platform Restrooms need to be unlocked and cleaned first each morning. After that, HTC Park Restrooms need be unlocked and cleaned. All other park restrooms may be unlocked and cleaned in any order. LA SALA, NYDEGGER, LACOUAGUE 3 days per week Sunday Monday Tuesday Wednesday Thursday Friday Saturday X X X 16 GENERAL PROVISIONS ITEMS of WORK - CUSTODIAL SERVICES PROJECT LOCATIONS DAYS AND HOURS OF OPERATIONS Lacouague Building 31421 La Matanza Between 8:00 A.M. and 5:00 P.M. Monday through Friday Special Events Excepted Nydegger Building 31421 La Matanza Between 8:00 A.M. and 5:00 P.M. Monday through Friday Special Events Excepted La Sala Facility Acjachema St. @ EI Camino Real Between 9:00 A.M. and 9:00 P.M. Monday through Sunday Railroad Depot Platform Verdugo St. Between 6:00 A.M. and 10:00 P.M. Monday through Sunday City Park Restrooms Sports Park— 25925 Camino Del Avion Marco Forster— Del Obispo, north of Camino Del Avion EI Camino Real Park —Camino Capistrano, north of La Zanja Cook Park-La Novia — Corner of La Novia and Calle Arroyo Cook Park-Cordova— Calle Arroyo at Del Campo HTC Park— 31806 EI Camino Real, south of Ortega Highway Descanso Park—32506 Paseo Adelanto Stone Field — Camino Capistrano at La Zanja Between sunrise and sunset everyday 17 0 BASIC SERVICE SCHEDULE (a) Daily for ALL areas: 1) Empty all desk and area trash containers, including containers exterior of the structures and within 25 feet of entry/exit doors and deposit all wastes in designated exterior dumpsters. Wash out trash receptacles as necessary. 2) Replace container liners daily in kitchenettes and coffee areas, and others as required by observation of staining or tearing. 3) Sweep all composition floors with chemically treated dust mops. This is to include behind couches, under tables and chairs. 4) Spot mop or clean spillage from all floors, vinyl, tile, or concrete. 5) Dust and soft rag buff all public counters, window frames and sills. Use cleanser and damp rag on Formica counters and tabletops. 6) Spot clean partitions, doors, doorframes, bathroom fixtures, dryers, waste containers, and wall switches with particular attention around door handles. 7) Clean and sanitize all drinking fountains. 8) Vacuum all carpeted floors and spot clean as needed with particular attention to general public high use areas. 9) Maintain janitorial closets and storage areas in a clean and orderly manner. 10) Strain sand ashtrays. 11) Secure all exterior doors and windows. Turn off all but security night lighting. 12) Vacuum walk-off mats to maximize their dirt and grit trapping ability. (b) Daily for ALL restrooms: 1) Empty all waste containers and replace liners. 2) Clean and disinfect all consumable products containers: toilet tissue, towel, seat covers, sanitary napkin, soap, and trash cans. 3) Refill all consumable product containers mentioned above with products to be supplied by the Contractor. 4) Clean and disinfect floor drains, all sinks, toilets, urinals, toilet seats - both sides, and exterior surfaces of the above unit together with their exposed piping. 5) Clean and polish all metal frames, fixtures, faucets and containers. 6) Clean and polish all mirrors. 7) Spot clean partitions and doors. 8) Clean splash marks on walls adjacent to or over sinks. 9) Spot clean all ceramic tile and walls. 10) Wet mop and disinfect floors. 11) Replace hanging disinfectant and urinal blocks as needed. 12) Clean all vents of dust, grime and build-up. 13) Clean and disinfect shower facilities. 14) Remove any water puddles from interior floors. 18 10 0 15) Spot clean and remove any debris from the interior and exterior of all facilities. 16) Report any graffiti on the same day in which it is noticed. (c) Daily for ALL food service and coffee areas: 1) Empty, wash as required, disinfect, and replace liners in all trash containers daily. 2) Wash all counter tops, tabletops, food wells, mixers, coffee machines, and sinks. 3) Leave machines plugged in and in the same on and off position as left by the staff, unless an empty coffee pot has been left on top of an ON element, these shall be removed and set aside, and the coffee machine turned off. 4) Wet mop and disinfect all vinyl/tile floors, and spot clean all carpet adjacent thereto. 5) Restock dispensers with paper towels. 6) No cleaning of dishes, silverware, or coffee pots will be required. 7) Sweep and mop entire kitchen floor, including under the cabinets. (d) Weekly for ALL areas unless otherwise noted: 1) Spot clean all walls. Remove smudges and all foreign marks. 2) Buff waxed floors. 3) Clean interior and exterior of all glass panel doors. 4) Perform low dusting, defined as floor level to five feet above floor, including base molding or top set, window sills, ledges, chairs, railings, partitions, tables, desks, telephones, filing cabinets and all office furniture. SPECIAL NOTE: In no case shall any paper, books, documents or equipment be touched, moved or displaced. Any suspiciously important envelopes or other material found in containers on the floor shall be left in the area with a note to the using staff member to check for value. 5) Sweep and mop all remaining non-carpeted floor areas. (e) Biweekly Wood Floor Areas 1) Periodically clean or replace the cotton cover (for dust mop) or white pad (for buffer) to insure removal of dirt from floor surface. (f) Monthly ALL areas unless otherwise noted: 1) Clean all windows inside and outside. 2) Polish all drinking fountains. 3) Apply with no hard buffing, an aerosol furniture polish (wax base formula), to achieve high gloss on wood surfaced tables, doors and cabinets. 19 (g) Monthly Food Service Areas: 1) Clean ovens using an approved oven cleaner. (h) Quarterly ALL areas: 1) Strip, wash, apply floor finish, and machine polish (or equivalent) vinyl floors. (1) Semi-annually for ALL areas: 1) Feather dust lighting fixtures. 2) Shampoo all carpeted areas as designated by the Public Works Director. EXTRA SERVICE AND ON-CALL SERVICES The Contractor shall indicate on the proposal the costs for furnishing all labor and equipment to perform on-call and extra services listed below. All cleaning materials will be monitored by the City. Extra services other than those listed shall be negotiated on a time and material basis with a not to exceed amount. The Contractor shall notify the City within 24 hours of having to perform extra work and the cost associated with the extra work. CITY PROVIDED FACILTIES The City shall provide at no cost to the contractor the following: a) Electricity b) Water c) Various janitor spaces. All equipment and supplies must be kept only in the designated spaces and the area must be kept clean. d) Dumpster bins exterior of the buildings for disposal of trash and recyclables. CONTRACTOR'S RESPONSIBILITY The Contractor shall inform the City of additional concerns beyond the Contractor's responsibility which require action by the City to correct deficiencies. Examples are defective fixtures, raised floor coverings, lack of power or water, etc. The Contractor shall be responsible for securing any and all buildings that he/she leaves after work has been completed. This is to include locking all doors and windows and setting proper alarm codes. 20 • • CUSTODIAL CONTRACT EVALUATION STANDARDS I. GENERAL AREAS A. Vinyl, concrete or tile floors and stairs 4 -All floors swept and mopped - spotless 3 - All floors swept but not mopped recently 2 - Floors swept but some dust and debris in corners 1 - Floors and stairs not swept or mopped B Carpeted Floors and Stairs 4 - All carpeted areas vacuumed and neatly groomed, no stains 3 -All carpeted areas vacuumed but small spots in low visible area 2 - Carpeted areas vacuumed but a large spot in high visible area 1 - Carpeted areas not vacuumed w/spots visible C. Waste and Receptacles 3 - All waste receptacles emptied and washed out w/new liners 2 - All emptied w/new liners, but needs to be washed 1 - One or more not emptied D. Ashtrays 3 - All ashtrays emptied and wiped clean 2 - Ashtrays empty but not wiped 1 - One or more not emptied E. Sand Ashtrays 3 - All sand ashtrays cleaned and strained 2 - Sand ashtrays cleaned, but not strained 1 - Sand ashtrays not cleaned or strained F. Drinking Fountains 4 - All fountains cleaned and sanitized 3 - Fountains cleaned but not sanitized 2 - Fountains not cleaned but debris left in drain 1 - Fountains not cleaned or sanitized, with mold starting to grow G. Light Fixtures 4 - All fixtures clean inside and out 3 - Fixtures cleaned routinely, but have not been done recently 2 - Fixtures clean outside but bugs and debris can be seen when light is turned on 1 - Fixtures not clean and have not been done for at least a week H. Glass Panels and Windows 4 - All glass clean with no spots or streaks 3 - Glass cleaned but some streaks visible in corners, sills have dust on them 21 2 - Glass cleaned, but streaky or a smoky tint left on it 1 - Glass not cleaned recently, fingerprints, water spots, or mud clearly seen 1. Door Frames and Partitions 4 - Partitions and all door frames wiped clean, spotless 3 - Door frames and partitions regularly wiped, but not recently done 2 - Door frames and partitions wiped only at eye level, cobwebs in lower or upper corners 1 - Door frames and partitions not wiped at all cobwebs, mud on thresholds, handprints J. Counter tops and Desks, Chairs 4 - Counters and desks wiped and buffed, chairs vacuumed 3 - Counters, desks neatly organized, not wiped, chairs need vacuuming 2 - One or more left with dust or spots 1 - Desks left untouched w/spots, dust or debris on them K. Mini-blinds and Phones 3 - Dusted and sanitized weekly 2 - Routinely done, but not done recently 1 - Needs dusting or sanitizing RESTROOMS A. Waste Containers 2 -All containers emptied with new liners 1 - One or more containers not emptied B. Consumable Product Containers 2 -All containers washed and sanitized and refilled 1 - One or more containers not washed or empty and needs to be refilled C. Floor and Drains 4 - All floors mopped and drains cleaned and sanitized 3 - Floors mopped, but debris caught in drains 2 - Floors streaked, debris caught in corners in low visible areas 1 - Floors not mopped at all D. Restroom Fixtures 4 - All fixtures cleaned, polished and sanitized with fresh disinfectant blocks 3 - Fixtures cleaned and sanitized, but needs polishing or new disinfectant blocks 2 - Fixtures cleaned in front and highly visible areas, debris in corners with splash marks 1 - Toilets filthy, sinks dirty, Urinals with cigarette butts and debris in drains, fixtures dirty 22 • E. Metal Frames and Mirrors 4 - All frames and mirrors cleaned and polished 3 - Frames and mirrors routinely done, but not done recently 2 - Mirrors clean; yet streaks and frames have smudges and finger prints on them 1 -Mirrors have water spots and streaks, frames dull with smudges and finger prints F. Doors, Partitions and Door jams 4 - All doors, partitions and door jams cleaned, polished and spotless 3 - Doors and doorjambs clean, but water spots on partitions, dirt on top of partitions 2 - Doors have handprints, doorjambs have cobwebs in corners, partitions smudged 1 -All doors, doorjambs and partitions need to be cleaned, spots and smudges all over FOOD SERVICE AND/OR COFFEE AREAS A. Trash Containers 3 - All trash containers clean, empty with new liners 2 - Trash emptied, containers not cleaned 1 - Trash needs to be emptied, new liner is needed B. Walls and Cabinets 4 - Walls and cabinets all cleaned and polished 3 - Walls and cabinets cleaned routinely, but dirt and dust on the tops of cabinets 2 - Wall and cabinets cleaned routinely, but not done recently 1 - Walls and cabinets need cleaning on fronts and needs restocking C. Counter Tops and Tables, Food Wells 4 - All counter tops and tables cleaned, wiped off, coffee machines and sinks cleaned 3 - Counter tops and tables cleaned, sinks cleaned but coffee machine needs polishing 2 - Counter tops and tables clean, sink is dirty 1 - Counter tops -and tables need cleaning, coffee machines and sinks need polishing. D. Ovens, Stove Tops, Refrigerators, Microwave 4 - Ovens and Stove Tops, Refrigerators thoroughly cleaned inside and on all exterior surfaces. 3 - Exterior surfaces cleaned thoroughly, interior surfaces not cleaned adequately. 23 0 0 2 - Exterior surfaces cleaned, interior surfaces not cleaned recently. 1 - Exterior and interior cleaning required. QUARTERLY INSPECTIONS A. Floors 4 - Stripped, washed finish applied and polished with power buffer 3 - Washed and finish applied, polished with buffer, but was not stripped first 2 - More finish applied and repolished, but was not stripped or washed 1 - Has not been done at all for at least 4 months, follow up with Contractor B. Walls 4 - Walls washed completely, all corners clean, no smudges or streaks 3 - Walls washed, but molding is still dirty in corners, or low visible areas 2 - Walls washed, but molding, upper and lower corners are neglected, spots left behind 1 - Walls have not been washed at all for at least four months, follow up with Contractor C. Blinds, Slats 3 - All blinds/slats washed and dust free 2 - Blinds just dusted, not washed 1 - Blinds need cleaning and have not been touched for months SEMI-ANNUAL INSPECTION A. Heating/Cooling Vents 3 - Vents clean in and out end polished 2 - Vents only wiped on outside filter and needs cleaning or changing 1 - Needs wiping in and out, filter needs changing B. Carpet 3 - Carpet shampooed, dry and clean smelling 2-- Carpet shampooed, left damp, or gives off a musty odor 1 - Carpet needs shampooing, follow up with contractor 24 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this _ day of 2008, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and (hereinafter referred to as the "Contractor'). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide custodial maintenance services; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the City shall consist of those tasks as set forth in the City's Request for Proposals dated March 2008, attached and incorporated herein by reference as Exhibit "A". To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date of this agreement and shall terminate, and all services required hereunder shall be completed, no later than June 30, 2011. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $ as set forth in the Contractor's proposal dated Exhibit "B," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 25 3.3 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 26 0 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. . [RESERVED] submitted to the City shall be OR FepFeduGible fGFFRat, OF OR the format ethe-P.A.fire Section 12. [RESERVED] nonfid-e-ntial te the exteRt peFFAifted by law, and GGRtFaGt9F agFee6 that they shall Rat be shall be de"YeFed to the City upon demand without additional resb; OF expense to the Section 13. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the 27 0 0 negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non-owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Worker's Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. 28 0 0 Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 . [RESERVED] Omissiens GeYeFage (pFefessienal liability GeYeFage) iR aR amount of not less than nei4&;Atien that the insuFaAGe FeqUiFeFneRtG of this AgFeeMeRt have beeR satisfied 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. 29 9 0 Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director To Contractor: Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 30 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Joe Soto, Mayor CONTRACTOR By: ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney 31 i a S Michelle Parea, Management Analyst City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 i i I I { D & I Maintenance Service, Inc Daysi Escamilla President / Owner 214 W. "B" Street, Ontario, CA 91762 k 7 EXHIBIT "B" Our company includes complete janitorial maintenance,carpet cleaning, floor stripping and waxing,windows cleaning, metal polishing, and janitorial supplies*. i We are a local company and have adequate personnel to handle our contracts a thousand dollars in annual sales. We therefore, propose to administer this contract our field and office personnel. In addition to the employees who would be perfuming the daily work !j schedule, we have specialists crew for periodic work,floor care, and carpet cleaning. We also have adequate day personnel who can be used in case of emergencies,or to handle request beyond the regular scope work. !I D&I Maintenance Service, Inc janitors are carefully screened and selected by a full time professional. They are trained in both the requirements of how to clean and the importance of how to motivate other to perform at optimum levels. Our supervisors are equipped with 24/7 hours dispatch. I In order to assure quality service, our program provides regular daytime inspections of your building by our quality control representative. The result of I t these inspections and any comments by your personnel are report immediately °k to our President for prompt action and follow through. f si `i F D&I Maintenance Service,Inc believes in the importance of 1 communication. Our office is staffed 24 hours a day seven days a week. Our t equipped supervision and cellular phone make D &I Maintenance Service,Inc available 24 / 7. i 'r Y,'. i I Daysi Escamilla President / owner a Carlos Escamilla Vice President T i Sonia Solorio • Administrative Manager Christian Rosales Supervisor ; i it ii ; x CLIENT REFERENCES 1. - Green Valley Landscape $28. K per Yr 2006—Present Address: 8970 Dumond Dr.Fontana,Ca 92335 Contact: Christian Rosales Tel: 951-227-8893 Service: Complete Janitorial Service. 3 2. - Zamora Insurance&Travel Service $18. K Per Yr 2005- Present Address: 4625-A Riverside Dr. Chino, CA 91710 Contact: Maria Elvia Zamora Tel: 909-590-3300 Service: Complete Janitorial Service. 3. - Serrot Corporation $ 19.K per Yr 2005- Present j Address: 216 W. "B" Street Ontario,CA 91762 Contact: Oswaldo Torres Tel: 909-988-4816 Service: Complete Janitorial Service. 1 i 4. - Medical Center,Inc $34.K per Yr 2004- Present j Address: 7444 Lanker shim Blvd North Hollywood,CA 91605 Contact: Manuel Umanzor Tel: 818-765-4917 Service: Complete Janitorial Service. { i 5. - Sara Int'l Inc Or Archies Auto $30. K per yr 2005- Present Address: 120 south Plum Ave Ontario,Ca 91761 Contact: Sam Akbar Tel: 909-391-3441 Service:Complete Janitorial Service. E 6. - JEP Entertainment Group Inc $42 .K per Yr 2006- Present Address: 16027 Ventura Blvd Suit#510 Encino, CA 91436 Contact: Kalinca V. Siliezar Tel: 818-501-9412 Service: Complete Janitorial Service { i •at i CUSTODIAL MAINTENANCE SERVICES 2008 PROPOSAL WORKSHEET (must be completed) NAMEILOCATION Regular Maintenance MONTHLY COST MONTHLY COST MONTHLY COST Area Schedule YEAR ONE YEAR TWO YEAR THIRD OLD FIRE HOUSE BUILDINGS • 1.LacouaSe Butkiing 4,000 S.F. 3 da slweek 2.Nydeqger Building 1,500 S.F. 3 days/week LIBRARY 1.La Sala Facility 2,770 S.F. 3 da eek PARKRESTROOMS 1.Sports Park incl,concession 1,000 S.F. 7 days/week -bleachers&surrounding area 5,000 S.F. 7 days/week 2.Descanso Park 240 S.F. 7 days/week 3.Cook Park-La Novia 240 S.F. 7 da stweek 4.Cook Park-Cordova 240 S.F. 7 days/week 5.EI Camino Real Park 240 S.F. 7 days/week 6.HTC Park 160 S.F. 7 days/week 7.Marco Forster Sports Fields 280 S.F. 7 days/week 8.Stone Field 300 S.F. 7 da slweek • -conference room&meeting room 300 S.F. 7 days/week 9.Railroad Platform 400 S.F. 7 daystweek -platform area 3,000 S.F. 7 dayshveek -area across the tracks&street 3,000 S.F. 7 da eek Total Monthly Cost t Total Yearly Cost (Monthly Cost X 12 months) Page 6 STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. icloce_SerurCe/ [0c ----- Proposer's Name CompanyName 2. Business Address 3_ � -c ... WrQ_------------------ -- ---- Business Telephone Number 4. List at least six(6) Contracts of a similar type - either currently held or held within the past 24 months. i From _—To__ City/Company Contact Person & Contract Amt. j Phone Number I i i 7 sS a iI �I 1 ; D� MGLu�rh�nq h c�s�ry�e� Inc Conipany i 7 t LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. i D a T- Mei�1�e[�a�ce cSe+r�i�.{{ l_17 c------ I Prbposer's Name Company Name — — 2. 114-_W ee ont----------- C _9171 ------ Business Address 3. Business Telephone Number 4. List equipment owned by the quoting firm that is available for use on this contract. \InProvide type, make and model year. Use additional sheets if necessary. ------------------------------------------------ -Erw m S s ' o --------------------- - 00 r SG -------------------------- -----------------F'a — — ----------------- _UtAb-f-WS ------------------ ---- - ----- Si nature - — -- ���iq�rz�n�r� Company i 8 is 0 PROPOSAL CUSTODIAL MAINTENANCE SERVICES From: ---------------------- CONTRACTOR - — To the Honorable City Council City of San Juan Capistrano The undersigned, as Proposer, declares that he or she has carefully examined the location of the proposed work as described, examined the Specifications and General Provisions, read the Instructions to Proposers, and is familiar with all proposal a requirements, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the RFP for the following: x� (You may include.cost of living or any anticipated increases for the second and third, I years of this contract.) 1. SCHEDULED CUSTODIAL MAINTENANCE SERVICES THREE -YEAR CONTRACT COSTS (July 1, 2008 to June 30, 2011) ! Year Cost i 1 July 1, 2008-June 30, 2009 $ July 1, 2009-June 30, 2010 $ LP =o�____- I 110 Utz July 1, 2010-June 30, 2011 $ --�� O�L. -T- 4 1 Three-Year Contract Cost Total: $ _) 17 %Q. OJ 'I Dr)-6-hund ed Sf-arieen th©umnd nine hundreij CAr,d Three-Year Contract Cost Total in Writing �1X I 4 ! 2. EMERGENCY WORK (Hourly Rate) Classification/Title Hourly Cost Markup Billing Cost Custodia[/Laborer )�. a.. I Supervisor 00 2 Others Please List oZ. (50• Calc-FO, Wax, F)Dor 3. 2008 Proposal Worksheet Complete the 2008 Proposal Worksheet (Page 6 of this RFP) i i i Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications for the work. i It is anticipated that the chosen Proposer shall commence work on July 1. 2008. (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) Dated: '1 7 r0 --------- aL`__ _S t ---0o C 917l0¢� Business Address Dated: -4- NO l O R r �, - (pq ------- ----------------- j T Telephone Number i Further, the undersigned proposer certifies that he has thoroughly checked the figures i set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: _�7 .6 g------- -���Y _�1 5� 1�'C1Lf_ 1LGf"�� CA .g174 Business Address Dated: _�7_UB tg7 Uq) / Telephone Number r P`r 5 :! i '.t �f 1; t CUSTODIAL MAINTENANCE SERVICE 2008 PROPOSAL WORKSHET NAME/LOCATION AREA REGULAR MAINTENANCE MONTHLY COST MONTHLY COST MONTHLY COST SCHEDULE ONE YR 2 YRS 3YRS OLD FIRE HOUSE BUILDING Lacoua e Building 4000 3 days/week $ 280.00 $ 300.00 $ 321.00 N de ger Building 1500 3 days/week $ 180.00 $ 193.00 $ 207.00 • LIBRARY La Salsa Faility 2770 3 days/week $ 240.00 $ 257.00 $ 275.00 PRAK RESTROOMS Sport Park Ind.Concesion 1000 7 days/week $ 70.00 $ 75.00 $ 81.00 bleachers&t surrounding area 5000 7 days/week $ 350.00 $ 375.00 $ 402.00 Descanso Park 240 7 days/week $ 88.00 $ 94.00 $ 104.00 Cook Park La novia 240 7 days/week $ 88.00 $ 94.00 $ 104.00 Cook Park Cordova 240 7 days/week $ 88.00 $ 94.00 $ 104.00 El Camino Real Pazk 240 7 days/week $ 88.00 $ 94.00 $ 104.00 HTC Park 160 7 days/week $ 75.00 $ 81.00 $ 87.00 Marco Forster S orts Fields 280 7 days/week $ 82.00 $ 88.00 $ 95.00 Stone Field 300 7 days/week $ 85.00 $ 91.00 $ 101.00 Conference room&t meeting roon 300 7 days/week $ 85.00 $ 91.00 $ 101.00 Railroad Platform 400 7 days/week $ 300.00 $ 321.00 $ 343.00 • Platform area 3000 7 days/week $ 475.00 $ 508.00 $ 544.00 are acroos the tranks&t street 3000 7 days/week $ 475.00 $ 508.00 $ 544.00 Total Monthly Cost $' 3;049.00 Total Monthl Cost Monthl Cost X 12 Months $ 36,588.00 $ 39,168.00'1 $ 42,204.00 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 /// '� SAM ALLEVATO (948)493-1171 L�gSy mtoAloAAlto THOMAS W.HRIBAR (949)493-1053 Fax • Uruusem 1961 MARK LSEN www.sanjuancapistrano.org 1776 JOE SOTO • • DR.LONDRES USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, June 17, 2008 in the City Council Chamber in City Hall, to consider: "Consideration of an Agreement for Custodial Maintenance Services (D&1 Maintenance Service, Inc.)" — Item No. 1313. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, June 16, 2008 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Michelle Perea, Management Analyst. You may contact that staff member at (949) 487-4315 with any questions. The agenda, including agenda reports, is available to you on our web site: www.san'uancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk aasanivancapistrano.org. Meg Monahan, MMC City Clerk cc: Alpha Maintencance Inc*; Come Land Maintenance Co., Inc*; D&I Maintenance Service, Inc*; Jani-King of California, Inc.*; Team One Management*; United Maintenance Systems*; Vocational Visions*; Cindy Russell, Interim Utility Director; Michelle Perea, Management Analyst * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future �, Pnntetl on 100°6 recycletl paper