HomeMy WebLinkAbout1991-09-03; City Council; Resolution 91-2841
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RESOLUTION NO. 91-284
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING A BID AND
AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR
CUSTODIAL MAINTENANCE
BE IT RESOLVED by the City Council of the City of Carlsbad, as foll
1. That the bid of D. H. Maintenance, 2320 Back Nine Street, Ocear
CA 92056 is hereby accepted for the period of one year with the option to renew for
(3) additional one (1) year periods, with revised contract price set by mutual agrec
of the parties.
2. That the Mayor of the City of Carlsbad is hereby authorize(
directed to execute an agreement, a copy of which is attached hereto marked Exhit:
for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of th
Council of the City of Carlsbad on the 3rd day of September , 1991 , by the foll
vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaar
NOES: None
! ABSENT: *one
ATTEST:
RiETHA L. RAUTENKRANZ, City Clerk
(SEAL)
1
LKriiuiC D [O 0
CUSTODIAL MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into as of this -day 4a of & 199/
by and between the CITY OF CARLSBAD, a municipal corporation, hereiniker referred to
as "City", and D. H. Maintenance Services hereinafter referred to as "Contractor".
A. RECITALS
(i) City has determined that it may most economically provide for janitorial service of
City facilities listed on Exhibit "A" by contracting for services.
(ii) to define the rights and obligations of the parties.
B. AGREEMENT
This agreement is to provide for the performanc: of those services by Contractor and
THEREFORE, it is agreed between the parties as follows:
In consideration of the sum of $27,120.00
in twelve (12) equal installments of $2,260.00
1. , to be paid to Contractor by City , the Contractor will:
a. Take responsibility for the performance of all work described in this
agreement.
b. Provide all labor and materials, except where otherwise indicated in this
agreement, and supervise the performance of the work,
c. Furnish a supervisor and make every effort to keep him on the job at all
times.
d. Comply with all laws, ordinances, rules, and regulations of government
authorities, federal, state and local, including WorkeJs Compensation and
Immigration Reform and Contract Act of 1986, pertaining to the
performance of the work.
f. Comply with all necessary appropriate safety measures.
g. Perform all work necessary and incidental to the orderly performance of
the work.
h. Report any emergency of a safety, security or health problem to the city
Police/Fire Dispatcher (9-931-2197) including, but not limited to, an
unlockable exterior door, broken ground floor window, plumbing stops or
leaks, electrical power outage, cooling or heating malfunction or other
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similar problem that cannot wait to be repaired until the next work day.
that require attention will be expeditiously submitted in writing to the
Facilities Manager, Utilities and Maintenance, 2075 Las Palmas Drive,
Carlsbad, California 92009-1519 on the next workday.
Emergency problems reported to the Dispatcher and nun-emergency items
2. Schedule of Tasks
a. Daily Maintenance Work Items:
i. Empty trash containers; re-line as needed; wipe containers clean, as
necessary; remove all trash to a designated central location for disposal.
Empty and damp wipe all ashtrays and cigarette urns. ii.
E. Hand dust and/or damp wipe all flat surfaces, including but not limited
to, counters, and office furnishings such as file cabinets, desk chairs,
tables, bookcases; hand dust and/or damp wipe all other types of office
furnishings such as telephones, lamps, pictures; desk tops will be excluded
unless the employee has cleared the desk top and requested cleaning.
Hand dust and/or damp wipe all ledges and flat surfaces below 72” from
the floor.
Remove all finger marks, smudges, and other marks around light switches,
door knobs, entry doors, metal partitions and corridor walls.
Clean out outside ashtrays at entrance.
Wipe clean all chrome, aluminum, stainless steel and other metal trims, such as, but not limited to, push plates, kick plates, door handles and
railings.
viii. Dry wipe all chalkboards when chalkboards contain no Writing/drawings;
vacuum chalk dust from chalk trays and erasers; clean marker boards with
appropriate cleaning solutions, as needed, when board contains nc
writing/drawings.
Dust mop all resilient tile and hardwood floor surfaces; damp mop a:
required; sweep all stairways.
Vacuum traffic areas of all carpets and rugs; spot clean carpets, as needed
Note: Building Maintenance Superintendent will schedule soil extractior
iv.
v.
vi.
vii.
ix.
x.
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on an annual basis.
Clean glass entrance doors, inside/outside; spot clean metal framing, as
needed.
Clean rest rooms: use germicidal detergent to clean all toilets and urinals,
inside and outside including seats; clean and polish all flushometers and
xi.
xii.
Piping;
Clean all wash basins/sinks and wipe dry; clean and polish all basin fixtures and exposed pipes underneath;
e Clean all mirrors, shelves under mirrors, and other shelves or
brackets;
Spot clean partitions, doors, and wall areas, as needed;
Fill all paper and soap dispensers; wipe clean all dispensers and trash
receptacles (no refill supplies shall be stocked in vicinity of dispenser);
Damp mop floor using germicidal detergent; wet mop ceramic tile and
terrazzo tile.
xiii. Clean outside walkway/stairs leading to building entryway.
b. Weekly Maintenance Work Item:
i.
ii.
iii.
iv.
Those items listed under daily maintenance.
Vacuum all carpeted areas completely.
Vacuum all upholstered furniture; spot clean as needed.
Damp mop all resilient tile and wood floors, including stairs, spray buff
all resilient tile areas.
Clean all inside glass partitions.
Clean and polish all metal entrance doors and jambs.
Dust all baseboards, picture frames and other vertical sdaces of d oficc
Mture; dust aII molding, ledges, tops of partitions, trim ventilators,
v.
vi.
Vii.
louvers above 72” from the ‘iloorl
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Viii. Pour one gallon water containing two ounces of germicidal detergent
down all floor drains; scrub and clean the custodian’s deep sink, if applicable.
c. Monthly Maintenance Work Items:
i.
ii.
Those work items listed under daily and weekly maintenance.
Scrub all resilient tile floors and stairs; apply new floor finish, as needed
and polish floors.
iii. Machine scrub all hard tile (ceramic, quarry, etc.) floors.
iv. Dust all wood paneling; add lemon oil, as needed.
v. Dust all partition tops, door tops, ceiling vents and light fixtures.
vi. Dust exposed pipes and overhead exposed mechanical equipment.
d. Quarterly Monthly Work Items: (To be performed during the first month of each
quarter.)
i.
ii.
iii.
iv.
v. Vacuum all upholstered furniture.
e. Semi-Annual Maintenance Work Items: (To be performed during the first and
seventh month of the calendar year.)
i.
Those items listed under daily, weekly and monthly maintenance.
Clean all windows, inside and outside.
Clean walls and ceilings (including partitions.)
Clean and polish marble, wood, etc., walls and paneling.
Those work items listed under daily, weekly, monthly and quarterly
maintenance.
ii, Shampoo all carpeted traffic areas using methods approved by the
Facilities Manager.
Strip, re-seal all hard tile (ceramic, quarry, etc.) floors.
Clean (wash) all window blinds.
iii.
iv.
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v. Clean all baseboards.
vi.
vii.
Clean all exterior window screens.
Strip and refinish all resilient tile floor surfaces. Upon completion of this
task, floor shall be free of all scuff marks, dirt, dust, soil, spots, stains, deposits and film (dirt, oil, grease, etc.).
f. Annual Maintenance Work Items: (To be performed during the first two months
of each calendar year.)
i. Those work items listed under daily, weekly, monthly, quarterly and semi-
annual maintenance.
Vacuum, spot clean, and shampoo all carpets using a soil extraction
method approved by the Facilities Manager. Proper shampooing shall
result in a carpet free from all types of airborne soil, dry dirt, water-
soluble soils, and petroleum soluble soils. A clean carpet shall be uniform in appearance when dry and vacuumed.
ii.
3. No chemicals or cleaning agents shall be stored at any facility without the express
written permission of the Facilities Manager, but shall be carried to and from the job site
daily.
C. GENERAL PROVTS?ONS
1. The Contractor shall obtain and pay for a City of Carlsbad business license at the time
of signing this Contract.
2. The Contractor will provide the City with a blanket fidelity bond covering all
employees.
3. The Facilities Manager will furnish keys to the Contractor who shall be responsible for
locking and securing the buildings, including alarm systems, when leaving. The Contractor
may NOT duplicate keys to buildings; additional keys, as needed, will be provided by the
Facilities Manager.
4. AU lights are to be turned off when leaving.
5. The Facilities Manager or appointed designate shall monitor the custodial contract
service and act as liaison to the Contractor.
6. a. Contractor's employees shall be required to be clean and neat in appearance and
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wear identification. Contractor will be required to submit verification that
employees have the right to work in the United States. Contractor shall perform all obligations in a good professional and lawful manner, provide
competent and sober personnel, efficient and clean equipment, and service the
City in courteous, helpN and impartial manner. The Contractor shall remove
any of its employees from work on this contract for justifiable cause upon the
request of the City.
b. Contractor's employees shall not use City phones, computers, copiers, Fax
machines, etc.
c. The Contractor will agree to and pay for background checks if required on all
personnel providing custodial services at City facilities in cooperation with the
Carlsbad Police Department. In the event such background check reveals an
item which Carlsbad Police deems a security problem, the City may request that
such individual be removed from the list of personnel authorized to provide
custodial services in City facilities.
a. Work hours shall be between the hours of 6:OO p.m. and 6:OO a.m., Monday
through Friday, except holidays, dependent upon scheduled use. Any change
in work hours by the Contractor must be approved, in advance, by the Facilities
Manager or appointed designate.
b. Holidays observed will be: New Yeafs Day, Lincoln's Birthday, Washington's
Birthday, Memorial Day, July 4th, Labor Day, Columbus Day, Veteran's Day,
Thanksgiving Day, Friday after Thanksgiving Day and Christmas Day.
7.
8. The Contractor shall maintain a record of work accomplished which shall include
supplies used and persons who did the work. This report shall be submitted with the
monthly billing. In addition, the report shall indicate any work that needs to be
accomplished.
9. The Contractor shall have an "on-site" representative with authority to contractually
bind the Contractor in matters which may arise during the agreement performance period.
The Contractor shall provide, prior to commencement of work under this agreement, in
writing to the Facilities Manager, a statement indicating by name the specific authority
vested in the "on-site" representative. The Contractor's "on-site" representative will be
responsible for instructing and training of Contractor's personnel in the proper and
specified work method and procedures; directing, scheduling, and coordinating all custodial
services and functions to completely accomplish the work as required by this agreement.
The "on-sitett representative shall be available for consultation regarding problems on a
daily basis at some time during regular working hours (8:OO a.m. to 5:OO p.m., Monday
through Friday).
date, time in, time out, location of work and costs for equipment used, material and
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10. Promess and Completion
The Contractor agrees to commence the work provided for herein immediately upon the
completion of the execution of this agreement and the delivery to the Contractor of an
executed copy thereof and to continue in a due and diligent worker like manner and
without interruption.
Within five (5) work days after the award of the contract, the Contractor shall submit to
the Facilities Manager a complete plan of his operations, indicating the names and addresses of the custodians (including all specialists and relief personnel) and the specific
areas assigned to each, the days and times on which other than nightly duties will be
performed, and the names and addresses of all supervisors. The plan will be kept current
by the Conrractor.
11. Fees to Be Paid to Contractor
a. The total shall not exceed the fee payable according to Paragraph 13, "Payment
of Fees", and shall be $27,120.00 . No other compensation for services will
be allowed except those items covered by supplemental agreements per
Paragraph 14, "Changes in Work'.
b. Once each year after the first year of this agreement (but not retroactively),
upon written request by the Contractor and approval by the Utilities and
in accordance with the Consumer Price Index, San Diego, as published by the
U. S. Department of Labor, based on the percentage change in the index from
the first month of this agreement to each succeeding anniversary thereof.
Maintenance Director, said monthly maintenance sum shall be subject to change
12. Duration of Contract
This agreement shall extend for a period of one (1) year from the date hereof. The
Utilities and Maintenance Director may extend this contract for three (3) additional one
(1) year periods for a totd contract period of four (4) years, upon satisfactory
performance.
13. Payment of Fees
In the event notification is made at other than the beginning of the monthly agreement
period, payment for that month shall be prorated from the day the Contractor is notified.
Services not mrfomed will be deducted from the monthly Dament-
14. Changes - in Work
If, in the course of the contract, changes seem merited by the Contractor or the City, and
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informal consultations with the other party indicate that a change in the conditions of the
contract is warranted, the Contractor or the City may request a change in the contract.
Such changes shall be processed by the City in the following manner: A letter outlining
the res_uired changes shall be forwarded to the City by Contractor to inform them of the
proposed changes dong with a statement of estimated changes in charges or time schedule,
A supplemental agreement shall be prepared by the City and approved by the City
according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such
supplemental agreement shall not render ineffective or invalidate unaffected portions of the
agreement.
15. Covenants Against Continnent Fees
The Contractor warrants that their firm has not employed or retained any company or
person, other than a bona fide employee working for the Contractor, to solicit or secure
this agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or
any other consideration contingent upon, or resulting from the award or making of this
agreement. For breach or violation of this warranty, the City shall have the right to annu
this agreement without liability, or in its discretion, to deduct form the agreement price 01
consideration, or otherwise recover, the full amount of such fee, commksion, percentage
brokerage fees, gift, or contingent fee.
16. Nondiscrimination Clause
The Contractor shall comply with the state and federal laws regarding nondiscriminatioi
17. Termination of Contract
In the event of the Contractor's failure to prosecute, deliver, or perform the work
provided for in this contract, the City may terminate this contract for nonperformance notifying the Contractor by certified mail of the termination of the Contractor. T
Contractor, thereupon, has five (5) working days to deliver said documents owned by t
City and all work in progress to the Facilities Manager. The Facilities Manager shall mz a deledation of fact based upon the documents delivered to City of the percentage
work which the Contractor has performed which is usable and of worrh to the City
having the contract completed. Based upon that finding as reported to the City Manaz
the Manager shall determine the final payment of the contract.
18. Inspections
a. The Facilities Manager and other concerned City personnel, as appropriate,
meet periodically to review the agreement performance. The Contractor wi
appraised how the City views the Contractor's performance and the Contra
will appraise the City of problems, if any, being experienced. The ContrP
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will also nom the Utilities and Maintenance Director in writing of any work
being performed, if any, that the Contractor considers to be over and above the
requirements of the agreement. Appropriate action shall be taken to resolve
outstanding issues.
b. AU performance (which includes services, materials, supplies and equipment
furnished or utilized in the performance of this agreement, and workmanship
in the performance of services) shall be subject to inspection and approval by
the City at all times during the term of the agreement. The Contractor shall
provide adequate cooperation to any inspector assigned by the City to pennit
the inspector to determine the Contractor's conformity with these specifications
and the adequacy of the services being contractually provided. All inspection
by the City shall be made in such a manner as not to unduly interfere with
Contractor performance.
c. If any services performed hereunder are not in conformity with the
specifications and requirements of this agreement, the City shall have the right
to require the Contractor to perform the services in conformity with said
specifications and requirements at no additional increase in total contractual
amount. When the services to be performed are of such nature that the
difference cannot be corrected, the City shall have the right to (1) require the
Contractor immediately to take all necessary steps to ensure future performance
of the services will be in conformity with requirements of the agreement, and
(2) reduce the contractual price to reflect the reduced value of the service5
performed. In the event the Contractor fails to perform the services promptlq
or to take necessary steps to ensure future performance of the service ir
conformity with the specifications and requirements of the agreement, the CiQ
shall have the right to either (I) have the services performed in conformity wit1
the agreement specifications and charge to the Contractor any cost occasionec
to the City that is directly related to the performance of such services, or (2:
terminate this agreement for default.
19. Disputes
If a dispute should arise regarding the performance of work under this agreement, tht
following procedure shall be used to resolve any question of fact or interpretation no
otherwise settled by agreement between parties. Such questions, if they become identifiec
as a part of a dispute among persons operating under the provisions of this contract, shal
be reduced to writing by the principal of the Contractor or the Facilities Manager. A cop:
of such documented dispute shall be forwarded to both parties involved along wit1
recommended methods of resolution which would be of benefit to both parties. The Ciq
Facilities Manager or principal receiving the letter shall reply to the letter along with i
recommended method of resolution within ten (10) days. If the resolution thus obtainec
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is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded
to the City Council for their resolution through the Office of the City Manager. The City
Council may then opt to consider the directed solution to the problem. In such cases, the
action of the City Council shall be binding upon the parties involved, although nothing in
this procedure shall prohibit the parties seeking remedies available to them at law.
20.
This agreement may be terminated by either party upon tendering thirty (30) days written
notice to the other party. In the event of such suspension or termination, upon request of
the City, the Contractor shall return all keys and property of the City to the Facilities
Manager. In the event of termination, the Contractor shall be paid for work performed to
the termination date; however, the total shall not exceed the lump sum fee payable under
Paragraph 11. The City shall make the final determination as to the portions of tasks
completed and the compensation to be made.
21. Status of the Contractor
Suspension or Termination of Services
a. The Contractor shall perform the services provided for herein in Contractor's
own way as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of the City. Contractor shall be
under control of the City only as to the result to be accomplished, but shall
consult with the City as provided for in the request for proposal.
b. The Contractor is an independent contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete
compensation to which the Contractor is entitled. The City shall not make any
federal or state tax Withholdings on behalf of the Contractor. The City shall not
be required to pay any workers' compensation insurance on behalf of the
Contractor. The Contractor agrees to indemnify the City for any tax, retirement
contribution, social security, overtime payment, or workers' compensation
payment which the City may be required to make on behalf of the Contractor
or any employee of the Contractor for work done under this agreement.
22. Hold Harmless Agreement
The City, its officers, and employees shall not be liable for any claims, liabilities, penalties
fines, or any damage to goods, properties, or effects of any person whatever, nor foi personal injuries or death caused by, or resulting from, any intentional or negligent acts errors or omissions of Contractor or Contractor's agents, employees or representatives
Contractor agrees to defend, indemnify, and save free and harmless the City and its officer!
and employees against any of the foregoing claims, liabilities, penalties or fines, and an;
cost, expense or attorney's fees which are incurred by the City on account of any of thc
foregoing.
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23. Assinnment of Contract
The Contractor shall not assign this contract or any part thereof or any monies due
thereunder without the prior written consent of the City.
24. Subcontracting
If the Contractor shall subcontract any of the work to be performed under this contract by
the Contractor, Contractor shall be fully responsible to the City for the acts and omissions
of Contractor's subcontractor and of the persons either directly or indirectly employed by
the subcontractor, as Contractor is for the acts and omissions of persons directly employed
by Contractor. Nothing contained in this contract shall create any contractual relationship
between any subcontractor of Contractor and the City. The Contractor shall bind every
subcontractor and every subcontractor of a subcontractor by the terms of this contract
applicable to Contractor's work unless specifically noted to the contrary in the subcontract
in question approved in writing by the City.
25. Prohibited Interest
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept or approve, or take part in negotiating, making, accepting, or
approving of this agreement, shall become indirectly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or similar
functions in connection with the performance of this contract shall become directly or
indirectly interested personally in this contract or any part thereof.
26. Verbal Am-eement or Conversation
No verbal agreement or conversation with any officer, agent, or employee of the City:
either before, during or after the execution of this contract, shall affect or modify any oj
the terms or obligations herein contained nor entitle the Contractor to any additiona
payment whatsoever under the terms of this contract.
. 27. Successors or Assinns
Subject to the provisions of Paragraph 22, "Hold Harmless Agreement", all terms
conditions, and provisions hereof shall inure to and shall bind each of the parties hereto
and each of their respective heirs, executors, administrators, successors and assigns.
28. Effective Date
This agreement shall be effective on and from the day and year first above written.
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29. Insurance
The Contractor shall obtain and maintain policies of general liability insurance, automobile
liability insurance, and a combined policy of worker’s compensation and employer’s liability
insurance from an insurance company authorized to do business in the State of California
which meets the requirements of City Council Resolution No. 90-96 in an insurable amount
of not less than one million dollars ($1,000,000) each, unless a lower amo~t is approved
by the City Attorney or the City Manager. This insurance shall be in force during the life
of this agreement and shall not be canceled without thirty (30) days prior written notice
to the Ciy sent by certified mail.
... ... ... ...
..I ... ... ... ... ... ... ... ... ...
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The c;q shd be named as an additional insured on these policies. The Contractor shall Eurnish certificates of hmranCe to the city before commencement of work.
Executed by Contractor this 9' f'
1.
day of Teq-, J 19%.
CITY OF CARLSBAD, a municipal
corporation of the State of California
CONTRACTOR:
-
' .> / 7 / c AJ f?< :,2: - J>T/* . - c 2&&LC&
(Name of Contractor) ,,
By: V&~G.;<, d -,- ,/$&c2- fl/
4z, &IF // h+/(,,
/ (signhere)
ATTEST:
(print name here)
NOTARY ACKNOWLEC &n Diegolust &&vingsbnk @ PART 1 STATE OF C:-R
COUNTY OF SA DIEGO
rslgn d, a Notary Public in and for ' On this --day 4 I Of 'ilcaeh- -----=3
be the person[s] that executed this instrument On behalf of the partnership and
and State, personally persona\\y known to (
c ---* PI.^', -
I acknowledged to me that the partnemhlp executed it.
i
I' \ ,. 7-
88
;
[for notary sed or stamp]
VINCENT F. BIONDO, JR.
Revised 7/3/91 B:\CNT91025.m 13
/*
BID PROPOSAL,
Bid N0.L opening : 11:oo AJ
FOR: JANRORlAL SERVICE AS PER CITY OF CARLSBAD AGREEMENT
The City reserves the right to add, delete, or switch service areas with appropriate writtc
notice to the Contractor; changes in the basic service area will be computed based on tl
bid proposal costs of the Agreement.
Date: AUGUST 6, 195
Facilitv Address SquareFeet Sq . Ft. Rate Monthlv Rate Annual Rate
Carlsbad Branch Library
r) oa- 3co. 00 6L30. m r' I
570 7750-M El Camin0 Real
Kruger House
3215 Eureka Street 1,250 - 22 180.50 ?3tO. 06
Scout House
3225 Eureka Street 1,908 /a 22s. Ob d 700.00
Holiday House
3235 Eureka Street 855 L /x. 00 /SO@. do
Housing & Redevelopment
2965 Roosevelt #B ZOO0 - /a sm.0 0 3ccc.m
Heritage Hall
2560 Garfield 1,608 IO8 /25,00 ,15730. 00
258 Beech 572 - /4 8@, 00 9ac. 08 Granary
Magee House
258 Beech 4,089 0 c3- i 00.00 dU00,890
Parks & Recreation Administration
1166 Elm Avenue 504 - 39 / 7s 00 ;Z/CC', eQ
Parks & Rec. Modutar/Break Room
11 66 Elm Avenw 1,610 . /si &9b' eo 3cne. dc?
Railroad Depot
400 Elm Avenue 1,608 ., /5 m. 60 3 em. oc
TOTAL - i 10 2, so. 00 &2s: /&LC, PO
2/,494
Revised 7/3
l4 eaTJ B:\CNT9102S.FM
Ir
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2802