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HomeMy WebLinkAboutJ&M Keystone Inc; 2006-11-30; PWGS302AMENDMENT NO.1 TO EXTEND AND AMEND AGREEMENT FOR CARPET AND UPHOLSTERY CLEANING SERVICES (J & M Keystone, Inc.) PWGS302 Amendment No. 1 is entered into and effective as of the \D day of _)00SLJWX^L>S-X. , 2008, extending and amending the agreement cfatedTlovember 30, 2006 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and J & M Keystone, Inc. ("Contractor") (collectively, the "Parties") for agricultural pest control services. RECITALS A. The parties desire to extend and fund the Agreement for a period of two years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of two years ending on November 30, 2010 on an agreed price not to exceed Fifty Thousand dollars and Zero cents ($50,000). 2. Contractor will complete all work associated with this Agreement by November 30, 2010, and by November 30 of all subsequent agreement years. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR (sign here) (print name/title) CITY OF,,CARLSBAD, a municipal corporation' of thp^State of California By: ATTEST: (e-mail address) fe^ipy? HweH Z7 LORRAINE M. WOOD City Clerk (print name/title) nwilburn@jmkeystone.com (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary. CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:_ Deputy City Attorne wmar wsssav^ a ORIGINAL City Attorney Approved Version #05.22.01 AGREEMENT FOR CARPET AND UPHOLSTERY CLEAINING SERVICES (J & M Keystone, Inc.) THIS AGREEMENT is made and entered into as of the L-__J___ day of by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and J & M Keystone, a Carpet and Upholstery Cleaning Service Contractor, ("Contractor"). RECITALS A. City requires the professional services of a Carpet and Upholstery Cleaning Contractor that is experienced in providing routine, recurring and usual commercial carpet and upholstery cleaning services necessary for the protection and preservation of City owned or maintained facilities for their intended purposes. B. Contractor has the necessary experience in providing professional services and advice related to providing routine, recurring and usual commercial carpet and upholstery cleaning services necessary for the protection and preservation of City owned or maintained facilities their intended purposes. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a bid to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render the carpet and upholstery cleaning services described in the Scope of Work contained in the City's Request for Bids and the Contractor's bid, which are incorporated by this reference in accordance with this Agreement's terms and conditions. The Contractor will perform carpet and upholstery cleaning services as scheduled and as authorized on an agreed price basis as specified in the Contractor's bid. Nothing in this agreement is intended to create an exclusive arrangement between City and Contractor. The City reserves the right to procure window and skylight cleaning services from other vendors as the City deems appropriate. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two-years from the date first above written. The City Manager may amend the Agreement to extend it for two additional two-year periods or parts thereof in an amount not to exceed Fifty Thousand dollars ($50,000.00) per Agreement year. Extensions will be based upon a satisfactory 1 review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. Either the City or the Contractor may decline to confirm the renewal of the contract for any reason whatsoever, which shall render the renewal option null and void 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The Contractor's carpet and upholstery cleaning work will be by paid at an agreed price per location and service event as indicated in the Contractor's bid. The total fee payable for the Services to be performed during the initial Agreement term will not exceed One Hundred Thousand dollars ($100,000.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in the Contractor's bid. The Contractor will perform work in accordance with all applicable Carlsbad Municipal Code sections, OSHA standards and any other regulatory requirements. The Contractor shall submit invoices to the Facilities Superintendent, or his authorized representative by the 5th day of the month for work performed in the previous month under this contract. The Contractor shall provide detailed records of all work performed and include all areas serviced under this agreement. Failure to provide the required documents, invoices, and reports will result in the City of Carlsbad withholding payment to the Contractor until all the required documentation is provided to the City. If an increase in compensation for service in succeeding option years is requested, the Contractor must provide detailed supporting documentation to justify the requested rate increase. The City will evaluate the requested increase, and the City reserves the right to accept or reject the Contractor's requested compensation increase. This Agreement's annual compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the San Diego Consumer Price Index changes over the previous year. Requests for price changes must be made by the Contractor in writing sixty (60) days before the end of the then-current agreement year and is subject to negotiation or rejection by the City. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to this Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to 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 Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 COMMERCIAL GENERAL LIABILITY INSURANCE $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability If the use of an automobile is involved for Contractor's work for City, $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3ANY AUTO COVERAGE Insurance must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. 10.1.4 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.5 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.2.3 Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.3 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.4 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all documents related to services performed produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: Name: Thomas Moore Title: Facilities Superintendent Department: Public Works, Facilities City of Carlsbad Address: 405 Oak Avenue, Carlsbad. CA 92008 Phone No: (760) 434-2941 For Contractor: Greg YontzName: Title:Production Manager Address: 2709 Via Orange Way. Ste. A Spring Valley, CA 91978 Phone No. (619)466-9876 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager and/or designee. The City Manager and/or designee will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager and/or designee will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering ninety (90) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for 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, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, the City's Request for Bid, the Contractor's Bid, and the Specifications, together with any other written document referred to or contemplated by these documents, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 8 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California (print name/title) City Manager or Mayor ATTEST: LO City Clerk If required by City, proper notarial acknowledgment of execution by contractor must ^^v^i^y^r..- -^ If a Corporation. Agreement must be signed by one corporate officer from each of the^ltowi]^ xxo>sX two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorney BID 07-02 CITY OF CARLSBAD CARPET AND UPHOLSTERY CLEANING SERVICES EXHIBIT "A" DETAILED SCOPE OF SERVICES AND CONTRACT SPECIAL PROVISONS A. CARPET AND UPHOLSTERY CLEANING SPECIFICATIONS 1. Contractor shall provide all necessary tools, equipment, materials, knowledge and labor to provide carpet cleaning, upholstery cleaning and related services to City of Carlsbad Facilities as requested. Services include but are not limited to cleaning of carpets, rugs and floor mats, other non-fixed floor covering materials by the steam extraction method and where specified by commercial dry cleaning methods, and upholstery cleaning of cloth covered office chairs, recliner type chairs, and sofas by the steam extraction method. Examples of work include but are not limited to: • Cleaning of Carpets, rugs, mats and other non-fixed floor coverings in accordance with the attached specifications and the manufacturer's recommendations at the frequency required in the attached bid. • Cleaning of cloth covered office chairs, recliner type chairs, fixed auditorium chairs, and sofas in accordance with the manufacturers recommendations at the frequency required in the attached bid. • Remove, clean and replace rugs, mats and other non-fixed floor covering materials. 2. The Contractor shall provide personnel who are experienced in the type of work specified and shall perform all services in a workmanlike manner. 3. The Contractor shall have a minimum of two (2) years experience in commercial carpet and upholstery cleaning services. Written certification of experience will be required. 4. The Contractor is advised that bid item quantities are estimates only. The City of Carlsbad reserves the right to increase or decrease service frequencies, item quantities or to eliminate service at individual locations. The Contractor, by entering this agreement, agrees to honor the bid price for work regardless of the increase or decrease in service intervals or quantities. The City of Carlsbad reserves the right to eliminate service in its entirety at any facility listed in the bid, for any reason. The Contractor, by entering this agreement, agrees to honor the bid price for other work, regardless of elimination of services in any listed facility. 5. The Contractor shall provide commercial, vehicle mounted, carpet cleaning equipment for all carpet and upholstery cleaning. 10 6. The contractor shall provide a safe work environment including adherence to all safety requirements for its employees and shall provide safe access and egress for City employees and the general public. 7. The contractor shall return all areas surrounding his work locations to the condition prior to his performance of services. 8. For each specific jobsite, the Contractor shall obtain approval of materials and cleaning methods to be used from a designated City representative. 9. The contractor will provide all materials and equipment to be used in the performance of his duties and all such materials shall be included in the bid price for said services. 10. The Contractor shall provide sufficient equipment, materials and personnel to clean all facilities scheduled within the time frame allotted as specified in the attached bid. 11. The Contractor shall remove and replace office chairs and skid mats as a portion of his duties. All other furnishings will be removed prior to the Contractor providing cleaning services, if desired, by the City of Carlsbad. 12. Working days and hours shall be as specified in the attached bid. The Contractor shall provide an Annual Schedule of cleaning services for approval by the City of Carlsbad's assigned representative. For each specific jobsite the Contractor shall obtain approval of workdays and hours from a designated City representative. The City reserves the right to require the contractor to re- schedule his services to avoid conflicts with City functions. Note that designated services will be required after normal working hours, on holidays and weekends, on specified dates and at specified times as noted on the bid. These items shall be performed at the bid price. Certain facilities are designated High Use. These Facilities include Scout House, Kruger House, Holiday House, Harding Center, Calavera Park, Stagecoach Park, Centra de Informacion, Dove Library and the G. Cole Library. Schedules for these facilities are on specific days or require the contractor to work on specific days of the year. For facilities not designated with a date, the City of Carlsbad will determine and schedule the work in accordance with days the facility is not in operation. The contractor is expected to be flexible and available to clean these facilities on dates required by City Staff. No additional compensation will be provided for these scheduled cleaning events. 13. The Contractor is advised that the following facilities contain antique furnishings and shall require special handling to include protection of surrounding areas and furnishings from damage from performance of cleaning services: Magee House. 14. The Contractor is advised that portions of the following facilities contain areas that will require carpets to be cleaned with a commercial dry cleaning process 11 to protect sub-floor electrical and data transmission conduits: Safety & Service Center. Cleaning of these areas shall be included in the bid price for each facility. No additional compensation shall be made for these areas requiring commercial dry cleaning service. 15. The Contractor shall provide required upholstery cleaning services for facilities as directed by the City of Carlsbad assigned representative. The bid item price shall be honored regardless of facility and number of cleanings required. In no case shall the Contractor be required to provide upholstery cleaning in any facility in excess of bi-annually. The City of Carlsbad assigned representative will notify the Contractor if upholstery cleaning will be required when returning the Contractor's approved schedule for carpet cleaning. The City of Carlsbad assigned representative will determine if carpet and upholstery cleaning of any facility can be performed simultaneously and will notify the Contractor when returning the Contractor's approved schedule. The Contractor acknowledges and agrees that the totals on the bid sheet are approximate and are to be used for bidding purposes. Actual number of cleanings may vary. 16. The Contractor shall provide spot cleaning of carpets and upholstery in heavily soiled or high traffic areas. This spot cleaning and treatment shall be included in the bid price for each facility. 17. The Contractor shall comply with City of Carlsbad, State of California and other regulatory agencies requirements for the prevention of storm water pollution and National Pollution Discharge Elimination System requirements. 18. The Contractor shall invoice the Facilities Supervisor for payment no later than the 5th of each month following service events. Invoice shall detail all work completed in the previous month and payment shall be processed after the City of Carlsbad has verified the work quantities. 19. The Contractor is notified that the square footage listed in this exhibit and in the bid items is approximate and agrees to verify all measurements for accuracy. The Contractor is notified that rugs, mats and other non fixed floor coverings are not reflected in these approximate square footage measurements and agrees that these items are incidental to the work. 20. The City will require a mandatory pre-bid meeting and tour of all facilities included in this contract at 9:30 AM on September 11, 2006. The Contractor will be provided with maps to each facility and shall furnish their own transportation. The tour is expected to take four (4) hours. If the Contractor does not attend the tour, any bid submitted by the contractor shall be deemed as a non-responsive bid. 12 B. TWENTY-FOUR HOUR EMERGENCY SERVICES 21. Emergency flood response is required as a condition of award of this agreement. The Contractor shall detail in his bid company resources and equipment available for immediate dispatch for emergency services. 22. Emergency response requires the Contractor to dispatch all necessary equipment to the site of the emergency within two hours of service request by the City of Carlsbad. 23. Whenever immediate action is required to prevent possible injury, death, or property damage, City may, after reasonable attempt to notify the Contractor, cause such action to be taken by alternate work forces and, as determined by the City, charge the cost thereof to the Contractor, or deduct such cost from any amount due to the Contractor. 24. The Contractor shall, during the term of this Contract, maintain a single telephone number, toll free to a San Diego region area code. For hours beyond a normal 8 AM to 5 PM business day, an answering service shall be considered an acceptable substitute. 25. The Contractor shall set forth in his bid, fixed costs for services listed for emergency service response. Payment for emergency response work shall be in accordance with Section "C" Extra Work. • Service Call - Weekday • Service Call - After 5 pm / Before 7pm • Service Call - Holiday • Content Manipulation Rate • Carpet Removal Rate • Carpet Glue Down Removal Rate • Extraction - Per Square Foot • Remove Base- Per Linear Foot • Remove Drywall - Per Square Foot • Anti-Microbial Treatment - Per Square Foot • Deodorize • Drill and Inject Antimicrobials - Per Linear Foot • Monitor Equipment • Equipment Set Up Charge • Air Mover Rental - Per Day • Large Dehumidifier - Per Day • Technician / Foreman / Supervisor Labor - Per Hour • Cleaning Rate 26. Emergency service work is not guaranteed to the Contractor. Emergency service work is on an as-needed basis and is not quantifiable. 13 C. EXTRA WORK 27. The City may award Extra Work to the Contractor, or to other forces, at the discretion of the City. 28. Extra Work consisting of increasing service frequencies or quantities identified in the original bid shall be paid by extending Bid Item prices. Extra Work for emergency services shall be paid on a time and material basis in accordance with the emergency service prices submitted as required in Section B -25. 29. Invoices for approved Extra Work shall be in a format acceptable to the City, including attachments, such as copies of suppliers' invoices, which the City may require to verify Contractor's billing. Invoices for Extra Work shall be submitted on separate invoices. Unless otherwise requested by the City, one invoice shall be submitted for each discrete and complete item of Extra Work. 30. If the City determines that the Extra Work can be performed by Contractor's present work force, City may authorize modification of the Contractor's Routine Operations Schedule or Annual Calendar in order to compensate Contractor for performing said work. 31. When a condition exists which the City deems urgent, the City may verbally authorize the work to be performed. 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T- II 101tol XI oo oCO4A-Loveseato oCO . s II o XI 01 'CD ili_ ^~ ^ i —*£. — 1 ID 13 <ao> O) S' 00 a> o Q. 0)s-nO 1 KEYSTONE, INC, Pull Service Reztaratinn L.onn -iciot I if. *& 1395,1 Preferred Vendors Pricing with J&M Inc. 2006 Preferred price Retail Semce t 'a Service Call liob&y Contest Majupvtotion swaovgl labot ra's Extrictkto p«r Sq Rernovc BSK Aatamo.obia2 jx-r Sq I't 14) ciy: **t up c A.lr mover reat*l (£0%»ir after 3 »V. aff after 3** d*y ofttats!) Studp.e B«j«-«t ur «fld 1* Hsur ov- !lo«rly rate $t?S Sf 5 Min slarge $.36 Sq Fi SI. 34 Lin ft, S20 Mta ctege S1.2J Lia, .Ft.. SHOperday per dsy S375 $250 Foreman ml* * If the *TW*« Vra Orange lurns into *a iBivrmoM cliSrn tben sflrftreaJ r«l«t ippSy. , It Su>L» A • Sp<,nc! Va%> Cal 6-mall « wwv. of «>< FAX (619) 466-9B6'; 19