HomeMy WebLinkAbout1994-09-20; City Council; 12869; ANNUAL AWARD FOR CUSTODIAL SERVICESs
Staff recommends Council adopt Resolution No. %?+Jdr, awarding the annual
contract for custodial services to D. H. Maintenance Services, with the option to
renew for three additional one-year periods.
ITEM EXPLANATION
The City of Carlsbad has seventeen facilities totaling 85,700 square feet (gross) thaf
require outside custodial service. In 1991, an annual contract for custodial services
was awarded to D. H. Maintenance Services of Oceanside, CA. The term of contract
was for one year with the option to renew for three additional years. Since the areE
needing outside custodial service has increased by 6 facilities and several thousanc
square feet, the decision was made to rebid the contract instead of renewing the
contract for the last option year.
In accordance with Section 3.28.120 of the Municipal Code, Notice to Bidders was
published and Requests for Bids were mailed to 24 contractors, with specifications
developed by the staff of the CSD Facilities Maintenance Department. Sever
responses were received, opened, witnessed and recorded on September 1, 1994
The bids were evaluated by the Facilities Maintenance and Purchasing Departmeni
staff. The bid from the apparent low bidder was much lower than expected. Durinc
the lowest responsible bidder at an annual cost of $85,800.00.
FISCAL IMPACT
Funds for custodial maintenance services are available in the Facilities Maintenancc
budget, with supplemental funds provided by Housing and Redevelopment fo
e a
L
BID TABULATION
BID NUMBER 2 - CUSTODIAL MAINTENANCE
Unlimited Services Building Mahtenance $62,388.00
D. H. Maintenance Services $85,800.00
GMI Building Services $91,470.00
Global Building Services $1 02,840.00
Coverall Cleaning Concepts $1 08,909.24
JaniKing of California $1 11,804.00
Quality Building Maintenance $1 13,124.00
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RESOLUTION NO. 94-265
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 follows:
1. That the bid of D. H. Maintenance, 2320 Back Nine Street,
Oceanside, CA 92056 is hereby accepted for the period of one year with the
option for the City Manager to renew for three additional one-year periods, with
revised contract prices set by mutual agreement.
2. That the Mayor of the City of Carlsbad is hereby authorized an(
directed to execute a contract, a copy of which is attached hereto for and or
behalf the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Cit
Council of the City of Carlsbad on the 20th day of SEPTEMBER
1994, by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Stanton, Kulchin, Nygaard, Finr
ATTEST:
~ ALETHA L. RAUTENKRANZ, City Clerk)
(SEAL)
I
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CUSTODIAL MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into as of this 23rd day of SEP:
19 94 by and between the CIN OF CARLSBAD, a municipal corporation, hereina
referred to as "city", and D. H. Maintenance Services hereinafter referred to as "Contract
A. RECITALS
(i) City facilities listed on Exhibit "A" by contracting for services.
(ii) and to define the rights and obligations of the parties.
6. AGREEMENT
City has determined that it may most economically provide for janitorial setvicc
This agreement is to provide for the performance of those services by Contrac
THEREFORE, it is agreed between the parties as follows:
in twelve (1 2) equal installments of $7 9 150.00
1. In consideration of the sum of $85,800.00 , to be paid to Contractor by , the Contractor will:
a. Take responsibility for the performance of all work described in
agreement.
b. Provide all labor materials, and equipment except where other
indicated in this agreement, and supervise the performance of the v
c. Furnish a supervisor and make every effort to keep him/her on thc
d. Comply with all laws, ordinances, rules, and regulations of governi
authorities, federal, state and local, including Worker's Compens
and Immigration Reform and Contract Act of 1986, pertaining tc
performance of the work.
e. Contractor to maintain current copies of MSDS sheets on site f
chemicals used and stored at each facility.
at all times.
f. Comply with all necessary appropriate safety measures.
g. Perform all work necessary and incidental to the orderly performar
h. Report any emergency of a safety, security or health problem to th
the work.
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Police/Fire Dispatcher (931-2197) including, but not limited to,
unlockable exterior door, broken ground floor window, plumbing stc
or leaks, electrical power outage, cooling or heating malfunction or 01
similar problem that cannot wait to be repaired until the next work c
Emergency problems reported to the Dispatcher and non-emerge
items that require attention will be expeditiously submitted in writin!
the Facilities Manager, Community Services Department, 405 (
Avenue, Carlsbad, California 92008-3009 on the next workday.
2. Schedule of Tasks
a. Daily Maintenance Work Items:
i. Empty trash containers; reline as needed; wipe containers clear
necessary; remove all trash to a designated central location for dispc
Empty and damp wipe all ashtrays and cigarette urns. ii.
iii. Hand dust and/or damp wipe all flat surfaces, including but not limite
counters, and office furnishings such as file cabinets, desk chairs, tal
bookcases; hand dust and/or damp wipe all other types of c
furnishings such as telephones, lamps, pictures; desk tops will be excli
unless the employee has cleared the desk top and requested cleanir
Hand dust and/or damp wipe all ledges and flat surfaces below 72"
the floor.
Remove all finger marks, smudges, and other marks around
switches, door knobs, entry doors, metal partitions and corridor w
Clean out outside ashtrays at entrance.
Wipe clean all chrome, aluminum, stainless steel and other metal t
such as, but not limited to, push plates, kick plates, door handles
railings.
Dry wipe all chalkboards when chalkboards contain no writing/dravG
vacuum chalk dust from-chalk trays and erasers; clean marker bc
with appropriate cleaning solutions, as needed, when board contaii
writing/drawings.
Dust mop all resilient tile and hardwood floor surfaces; damp mc
required; sweep all stairways.
iv.
v.
vi.
vii.
viii.
ix.
Revlsed July CNTO1025 FM 2
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x. Maintain separate mops for use only on gymnasium and activity rc
floors and treat with Hilyard Super Hil-Tone Dressing.
Spray buff and/or apply S.O.S. floor finish as required on Harc
Community Center auditorium floor to eliminate slippery conditions
Vacuum traffic areas of all carpets and rugs; spot clean carpets
needed. Note: Building Maintenance Supervisor will schedule
extraction on an annual basis.
xiii. Clean glass entrance doors, insideloutside; spot clean metal tramin5
needed.
Clean rest rooms: use germicidal detergent to clean all toilets
urinals, inside and outside including seats; clean and polist
flushorneters and piping;
0 Clean all wash basinslsinks and wipe dry; clean and polish all k
fixtures and exposed pipes underneath;
0 Clean all mirrors, shelves under mirrors, and other shelve
brackets;
Spot clean partitions, doors, and wall areas, as needed;
Fill all paper and soap dispensers; wipe clean all dispensers
trash receptacles (no refill supplies shall be stocked in vicini
dispenser);
Damp mop floor using germicidal detergent; wet mop cerami
and terrazzo tile.
Completely sanitize restroom and shower floors and walls at !
Complex.
xi.
xii.
xiv.
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b. Weekly Maintenance Work Items:
i.
ii.
iii.
Those items listed under daily maintenance.
Vacuum all carpeted areas completely.
Vacuum all upholstered furniture; spot clean as needed.
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iv. Damp mop all resilient tile and wood floors, including stairs, spray bu all resilient tile areas.
Treat water used for damp mopping gymnasium and activity room floo
with P.
vi, Clean all inside glass partitions.
vii. Clean and polish all metal entrance doors and jambs.
viii. Dust all baseboards, picture frames and other vertical surfaces of
office furniture; dust all molding, ledges, tops of partitions, tr
ventilators, louvers above 72" from the floor.
Pour one gallon water containing two ounces of germicidal detergt
down all floor drains; scrub and clean the custodian's deep sink,
applicable.
v.
ix.
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 ne&
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 equipmen'
d. Quarterly Monthly Work Items: (To be performed during the first montl each quarter.)
i. Those items listed under daily, weekly and monthly maintenance.
ii. Clean all windows, inside and outside.
iii. Clean walls and ceilings (including partitions.)
iv. Clean and polish marble, wood, etc., walls and paneling.
CNTQl025 FM 4 Revised July 2
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v. Vacuum all upholstered furniture.
e. Semi-Annual Maintenance Work Items: (To be performed during the first s
seventh month of the calendar year.)
i. Those work items listed under daily, weekly, monthly and quart(
maintenance.
Shampoo all carpeted traffic areas using methods approved by
Facilities Manager.
ii.
iii. Strip, reseal all hard tile (ceramic, quarry, etc.) floors.
iv.
v. Clean all baseboards.
vi.
vii.
Clean (wash) all window blinds.
Clean all exterior window screens.
Strip and refinish all resilient tile floor surfaces. Upon completion of
task, floor shall be free of all scuff marks, dirt, dust, soil, spots, st;
deposits and film (dirt, oil, grease, etc.).
f. Annual Maintenance Work Items:
months of each calendar year.)
i.
(To be performed during the first
Those work items listed under daily, weekly, monthly, quarterly
semi-annual maintenance.
Vacuum, spot clean, and shampoo all carpets using a soil extra(
method approved by the Facilities Manager. Proper shampooing
result in a carpet free from all types of airborne soil, dry dirt, N
soluble soils, and petroleum soluble soils. A clean carpet sha
uniform in appearance when dry and vacuumed.
3. No chemicals or cleaning agents shall be stored at any facility without the exF
written permission of the Facilities Manager, but shall be carried to and from the jot
daily.
C. GENERAL PROVISIONS
ii.
1. The Contractor shall obtain and pay for a City of Carlsbad business license 2
time of signing this Contract.
CNTQl025 FM 5 Revised July
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2.
employees.
3. The Facilities Manager will furnish keys to the Contractor who shall be responsible
locking and securing the buildings, including alarm systems, when leaving.
Contractor may NOT duplicate keys to buildings; additional keys, as needed, wil
provided by the Facilities Manager.
4. All lights are to be turned off when leaving.
5. The Facilities Manager or appointed designate shall monitor the custodial coni
service and act as liaison to the Contractor.
6.
The Contractor will provide the City with a blanket fidelity bond covering
a. Contractor's employees shall be required to be clean and neat in appear;
and wear identification. Contractor will be required to submit verification
employees have the right to work in the United States. Contractor
perform all obligations in a good professional and lawful manner, prc
competent and sober personnel, efficient and clean equipment, and sel
the City in courteous, helpful and impartial manner. The Contractor
remove any of its employees from work on this contract for justifiable c'
upon the request of the City.
b. Contractor's employees shall not use City phones, computers, copiers,
machines, etc,
c. The Contractor will agree to and pay for background checks if required c
personnel providing custodial services at City facilities in cooperation wit
Carlsbad Police Department. In the event such background check revei
item which Carlsbad Police deems a security problem, the City may re
that such individual be removed from the list of personnel authorizc
provide custodial services in City facilities.
a. Work hours shall be after normal operating hours for each facility and bet
the hours of 6:OO p.m. and 6:OO a.m., Sunday through Friday, except holi
dependent upon scheduled use. Any change in work hours by the Conti
must be approved, in advance, by the Facilities Manager or appc
designate.
b. Holidays observed will be: New Yeat's Day, Lincoln's Birthday, Washin!
Birthday, Memorial Day, July 4th, Labor Day, Columbus Day, Veteran':
Thanksgiving Day, Friday after Thanksgiving Day and Christmas Day.
8. The Contractor shall maintain a record of work accomplished which shall ir
date, time in, time out, location of work and persons who did the work. Thls repoi
7.
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be submitted with the monthly billing. In addition, the report shall indicate any work t
needs to be accomplished.
9. The Contractor shall have an "on-site" representative with authority to contractu
bind the Contractor in matters which may arise during the agreement performa
period. The Contractor shall provide, prior to commencement of work under
agreement, in writing to the Facilities Manager, a statement indicating by name
specific authority vested in the "on-site" representative. The Contractor's "on-5
representative will be responsible for instructing and training of Contractor's persoi
in the proper and specified work method and procedures; directing, scheduling,
coordinating all custodial services and functions to completely accomplish the worl
required by this agreement. The "on-site" representative shall be available
consultation regarding problems on a daily basis at some time during regular worl
hours (8:OO a.m. to 5:OO p.m., Monday through Friday).
10. Proqress and Completion
The Contractor agrees to commence the work provided for herein immediately upor
completion of the execution of this agreement and the delivery to the Contractor c
executed copy thereof and to continue in a due and diligent worker like manner
without interruption.
Within five (5) work days after the award of the contract, the Contractor shall subn
the Facilities Manager a complete plan of his operations, indicating the names
addresses of the custodians (including all specialists and relief personnel) anc
specific areas assigned to each, the days and times on which other than nightly d
will be performed, and the names and addresses of all supervisors. The plan w
kept current by the Contractor.
11. Fees to Be Paid to Contractor
a. The total shall not exceed the fee payable according to Paragrapt
"Payment of Fees", and shall be $85,800.00 . No other compensatic
services will be allowed except those items covered by supplerr
agreements per Paragraph 14, "Changes in Work".
b. Once each year after the first year of this agreement (but not retroactl
upon written request by the'contractor and approval by the Utilitie5
Maintenance Director, said monthly maintenance sum shall be subjt
change in accordance with the Consumer Price index, San Dieg
published by the U. S. Department of Labor, based on the percentage ck
in the index from the first month of this agreement to each succe
anniversary thereof.
Revised Juty CNTO1025 FM 7
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12. Duration of Contract
This agreement shall extend for a period of one (1) year from the date hereof. 71
Facilities Manager may extend this contract for three (3) additional one (1) year perio
for a total 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 agreemc
period, payment for that month shall be prorated from the day the Contractor is notifit _----- Services not performed will be deducted from the monthlv pavment.
14. Chanqes in Work
If, in the course of the contract, changes seem merited by the Contractor or the City, i
informal consultations with the other party indicate that a change in the conditions of
contract is warranted, the Contractor or the City may request a change in the contn
Such changes shall be processed by the City in the following manner: A letter outlin
the required changes shall be forwarded to the City by Contractor to inform them of
proposed changes along with a statement of estimated changes in charges or t
schedule. A supplemental agreement shall be prepared by the City and approved
the City according to the procedures described in Carlsbad Municipal Code Sec
3.28.172. Such supplemental agreement shall not render ineffective or invalic
unaffected portions of the agreement.
15. Covenants Aqainst Continaent Fees
The Contractor warrants that their firm has not employed or retained any compan
person, other than a bona fide employee working for the Contractor, to solicit or sa
this agreement, and that Contractor has not paid or agreed to pay any cornpan'
person, other than a bona fide employee, any fee, commission, percentage, broker
fee, gift or any other consideration contingent upon, or resulting from the awarc
making of this agreement. For breach or violation of this warranty, the City shall t
the right to annul this agreement without liability, or in its discretion, to deduct form
agreement price or consideration, or othewise recover, the full amount of such
commission, percentage, brokerage fees, gift, or contingent fee.
16. Nondiscrimination Clause
The Contractor shall comply with the state and federal laws regarding nondiscrimina
17. Termination of Contract
In the event of the Contractor's failure to prosecute, deliver, or perform the WOI
CNT01025 FM 8 Revised July 1
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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. -
Contractor, thereupon, has five (5) working days to deliver said documents owned by
City and all work in progress to the Facilities Manager. The Facilities Manager s
make a determination of fact based upon the documents delivered to City of
percentage of work which the Contractor has performed which is usable and of w(
to the City in having the contract completed. Based upon that finding as reported to
City Manager, the Manager shall determine the final payment of the contract.
18. Inspections
a. The Facilities Manager and other concerned City personnel, as appropri
will meet periodically to review the agreement performance. The Contra
will be appraised how the City views the Contractor's performance and
Contractor will appraise the City of problems, if any, being experienced.
Contractor will also notify the Facilities Manager in writing of any work bt
performed, if any, that the Contractor considers to be over and above
requirements of the agreement. Appropriate action shall be taken to res1
outstanding issues.
b. All performance (which includes services, materials, supplies and equipn
furnished or utilized in the performance of this agreement, and workman!
in the performance of services) shall be subject to inspection and approvs
the City at all times during the term of the agreement. The Contractor :
provide adequate cooperation to any inspector assigned by the City to PE
the inspector to determine the Contractor's conformity with tt
specifications and the adequacy of the services being contractually provii
All inspection by the City shall be made in such a manner as not to un
interfere with Contractor performance.
c. If any services performed hereunder are not in conformity with
specifications and requirements of this agreement, the City shall have the
to require the Contractor to perform the services in conformity with
specifications and requirements at no additional increase in total contrac
amount. When the services to be performed are of such nature thai
difference cannot be corrected, the City shall have the right to (1) requirc
Contractor immediately to take all necessary steps to ensure fi
performance of the services will be in conformity with requirements o
agreement, and (2) reduce the contractual price to reflect the reduced \
of the services performed. In the event the Contractor fails to perfom
services promptly or to take necessary steps to ensure future performan1
the service in conformity with the specifications and requirements o
agreement, the City shall have the right to either (1) have the sep
CNTO1025 FM 9 Rsvinsd July 2
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performed in conformity with the agreement specifications and charge to tt
Contractor any cost occasioned to the City that is directly related to tt
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, tl
following procedure shall be used to resolve any question of fact or interpretation n
otherwise settled by agreement between parties. Such questions, if they becon
identified as a part of a dispute among persons operating under the provisions of tt
contract, shall be reduced to writing by the principal of the Contractor or the Faciliti
Manager. A copy of such documented dispute shall be forwarded to both parti
involved along with recommended methods of resolution which would be of benefit
both parties. The City Facilities Manager or principal receiving the letter shall reply
the letter along with a recommended method of resolution within ten (10) days. If t
resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining t
dispute shall be forwarded to the City Council for their resolution through the Office
the City Manager. The City Council may then opt to consider the directed solution to t
problem. In such cases, the action of the City Council shall be binding upon the part
involved, although nothing in this procedure shall prohibit the parties seeking remed
available to them at law.
20.
This agreement may be terminated by either party upon tendering thirty (30) days writ
notice to the other party. In the event of such suspension or termination, upon requ
of the City, the Contractor shall return all keys and property of the City to the Facilit
Manager. In the event of termination, the Contractor shall be paid for work perforrr
to the termination date; however, the total shall not exceed the lump sum fee paya
under Paragraph 11. The City shall make the final determination as to the portions
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 Contractc
own way as an independent contractor and in pursuit of Contractc
independent calling, and not as an employee of the City. Contractor shall
under control of the City only as to the result to be accomplished, but s'
consult with the City as provided for in the request for proposal.
b. The Contractor is an independent contractor of the City. The payment mq
to the Contractor pursuant to the contract shall be the full and comp
compensation to which the Contractor is entitled. The City shall not make
federal or state tax withholdings on behalf of the Contractor. The City s
Revised July 26 CNTOI 025 FM 10
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not be required to pay any workers’ compensation insurance on behalf of tl
Contractor. The Contractor agrees to indemnify the City for any tz
retirement contribution, social security, overtime payment, or worke
compensation payment which the City may be required to make on behalf
the Contractor or any employee of the Contractor for work done under t
agreement.
22. Hold Harmless Aqreement
The City, its officers, and employees shall not be liable for any claims, liabiliti
penalties, fines, or any damage to goods, properties, or effects of any person whateb
nor for personal injuries or death caused by, or resulting from, any intentional
negligent acts, errors or omissions of Contractor or Contractor‘s agents, employee$
representatives. Contractor agrees to defend, indemnify, and save free and harmless
City and its officers and employees against any of the foregoing claims, liabilit
penalties or fines, and any cost, expense or attorney’s fees which are incurred by
City on account of any of the foregoing.
23. Assisnment of Contract
The Contractor shall not assign this contract or any part thereof or any monies 1
thereunder without the prior written consent of the City.
24. Subcontractinq
If the Contractor shall subcontract any of the work to be performed under this cont
by the Contractor, Contractor shall be fully responsible to the City for the acts
omissions of Contractor’s subcontractor and of the persons either directly or indin
employed by the subcontractor, as Contractor is for the acts and omissions of per:
directly employed by Contractor. Nothing contained in this contract shall create
contractual relationship between any subcontractor of Contractor and the City.
Contractor shall bind every subcontractor and every subcontractor of a subcontractc
the terms of this contract applicable to Contractor‘s work unless specifically noted tc
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 Ci
negotiate, make, accept or approve, or take part in negotiating, making, acceptin
approving of this agreement, shall become indirectly or indirectly interested perso
in this contract or in any part thereof. No officer or employee of the City wt
authorized in such capacity and on behalf of the City to exercise any exec1
supervisory, or similar functions in connection with the performance of this contract
become directly or indirectly interested personally in this contract or any part ther(
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26. !&bat Aqreement or Conversation
No verbal agreement or conversation with any officer, agent, or employee of the Cit
either before, during or after the execution of this contract, shall affect or modify any
the terms or obligations herein contained nor entitle the Contractor to any additior
payment whatsoever under the terms of this contract.
27. Successors or Assiqns
Subject to the provisions of Paragraph 22, "Hold Harmless Agreement", all tern
conditions, and provisions hereof shall inure to and shall bind each of the parties here
and each of their respective heirs, executors, administrators, successors and assign
28. Effective Date
This agreement shall be effective on and from the day and year first above written.
29. Insurance
The Contractor shall obtain and maintain policies of general liability insuranc
automobile liability insurance, and a combined policy of worker's compensation a
employer's liability insurance from an insurance company authorized to do business
the State of California which meets the requirements of City Council Resolution No. 90
in an insurable amount of not less than one million dollars ($1,000,000) each, unles
lower amount is approved by the City Attorney or the City Manager. This insurance SI
be in force during the life of this agreement and shall not be canceled without thirty (
days prior written notice to the City sent by certified mail.
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The City shall be named as an additional insured on these policies. The Contractor shall
furnish certificates of insurance to the City before commencement of work.
Executed by Contractor this // i
CONTRACTOR: CIN OF CARLSBAD,
day of J (-7% /J ML -Z' 19- /A
2. /4* %L&ZL&LL &
Name of Contractor'
By: ** & ATTEST:
,45iCn here) 0
GepL LALU s
(print name here) Aletha L. Rautenkranz
City Clerk
O&A.)CX? -
(title and organization of signatory)
(Proper notarial acknowledgement of execution by CONTRACTOR must be attached.) .- . . . .^ - .. . .- -. -
I
State of -6kL r/ M?// i
County oft(;?r/ J)!-=L! d
in the year /p7;-y
personally (or proved to me
on the basis of satisfactory evidence to be the person(a1
whose name(3) is (& subscribed to this instrument, and
acknowledge that he (SfTF/tw) executed it.
WI' N :SS rny hand and , f ficial Seal.
NOTARY ' s Si gna tiire
My commission Expires:
q&L x/,< ,/f 2d --P
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The City shall be named as an additional insured on these policies. The Contractor shall
furnish certificates of insurance to the City before commencement of work.
Executed by Contractor this / -
CONTRACTOR: CITY OF CARLSBAD,
day of J (~~Z-J~~~L-R’ 19H 4
c 2. fl, L&L?2L.&L &-
Name of Contractor ’
By: &”, A ATTEST:
AsiCn here) 0
&e?& Au s
(print name here) Aletha L. Rautenkranz
City Clerk
O&AI€L -
(title and organization of signatory)
(Proper notarial acknowledgement of execution by CONTRACTOR must be attached.)
(President or VicePresident and Secretary or Assistant Secretary must sign for
corporations, If only one officer signs, the corporation must attach a resolution certified
by the Secretary or Assistant Secretary under corporate seal empowering that officer to
APPROVED AS TO FORM:
I
I
I bind the corporation.) \
Ronald Ball
Q fi- I
I 43eputyCity Attorney 7 - 2 2 -9 9
13 Revised July 28, 19(
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September 19, 1994
1
TO: Mayor and City Council Members
FROM: Betty (B.J.) Heinzman
RE: $c5-A512 - Award of Contract for Custodial Services
I know that each one of you supports Carlsbad based business and encourage new business to locate here such as Le5o. This allows for a stronger tax base to provide better services to the citizei
Yy business was encouraged to bid to clean the (22) buildings in Carlsbad and I was encouraged by the page that supports minority ad woman-owned businesses to apply.
I participated in the pre-bid walk through along with large nati
and international cleaning services. After this 6% hour tour of city facilities I called Chuck Walden, Facilities YanaTer, and s my concern about how the small sole-proprietors such as B.J. Ent compete against such largecompanies and asked hirn if he would
"break out" the bid to allow the smaller Carlsbad based compani
Yr. Walden told me\YO that the bid would 30 totally to the lowes tidder. I asked him-hy that page in the proposal that says Carl encourages minority and woman-owned business when actually you w
allow us to compete for the smaller jobs.
If the City Council wants to support local business, please see it that the work can be broken out to allow axfair opportunity.
Since you are the policy rnakers I'm counting on you to look into his situation and make necessary corrections.
Thank you for your prompt attention. Please find enclosed:
1.Letter to Purchasing Officer, city license and bond.
2.Page for proposal regarding minority, wornan-owned business,
Respectfully submitted,
B.J. Enterprises
to have some of the work too,
3%%9.$--
Betty (B.J.) Heinznan 818 Caminito del Sol Carlsbad, CA 92009
Enclosures: (4)
(619) 931-2544
.- 0 0
September 1, 1994
City of Carlsbad Purchasing Officer 1200 Carlsbad Vil-lage Drive Carlsbad, CA 92008
- RE; Bid {/2 Custc)dial Maintenance
Please keep my name on the list for future bids. I am chosing not to bid this year for the following reasons
1. There were no blueprints available to break out carpet
from flooring. square feet that has to be mopped, stripped, waxed and
When you have us bid cleaning per square foot and then throw in the cost of a separate service such as providi paper products, it: is dii-iicult to know how much usage for twenty-two (22) buildings and also difficult to estimate the hidden expense for theft of products that occurs. The City of Carlsbad, would save money by providing paper products because sub-contractors must mark-up twice. Once for providing the service and seco
It is difficult to estimate how many
-buffed without having floor plans available.
2.
would beamark-up to include theft .
As a sole-proprietor, who lives and works in Cairlsbad, it is difficult to bid against large companies such as Jani-Kt and Coverall. Will you, in the future, break out the bid t allow for small minority owned Carlsbad companies such as
B.J. Enterprises to also have a "piece of the pie"?
Respectfully submitted,
---7 >.*L q!, L-, jl--
Betty 4- ( . J.) Heinzman
Owner/Operator B, J. EMTERPRISES
EI'JCLOSURES : (2)
0 0
-__ - - . - . - - - - - - - - - - .- - - -
ITY OF CARLSBAD
LICENSE MUST BE PDSTEI I ,575 CAMINITO DEL SUL #A
C3crRLSEAD, CA BUSINESS PREMISES.
TO CONDUCT THE (BUSIN B’J1LC:NS 3AINTE NOTIFY FUSXNESS LICt.KSE
37.5 CAMIKITO DEL SOL
CARLSSAB, CA 92QQ9 619-931-254
MA’L”G P 0. BGX le67
ADDRE‘S CARLSBAD, CA 53 0 1 3- 1557
APPLICANTS COPY
g Tague Insurance Agency P.O. Box 429 Carlsbad CA 9201 8 61 9-729-1 143
B.J. Enterprises Betty Heinzman P.O. Box 1867 Carlsbad CA 92018
Your Janitorial Service bond is continuous based upon payment of premium. I am enclosing the original bond as well as the renewal from last year good until 12-4-94.
Please call if you have any questions.
&i?a%giL o na Dib ins
DBATAGUE INSURANCE AGENCY P 0 BOX 420
CARLSBAD CA 92008
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TAGUE STEJEN M IPJ I i o!
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d INDEMNITY COMPANY OF CALIFORNIA
IRVINE, CALIFORNIA
JANITORIAL SERVICE BOND 126658C
Bond No.
Premium
9i bU.UU/
KNOW ALL MEN BY THESE PRESENTS:
That Indemnity Company of Cdifornia, the Surety, in consideration of an annud premium, agrees to
reimburse
hereinafter called Contractor, for direct loss which occurs as a result of theft by employee(s) of the CO
of property owned by, or in the care, custody, or control of customers of the Contractor, and for whic
Contractor becomes legally liable during the term of this bond.
THE FOREGOING AGREEMENT IS SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITAT
BJ ENTERPRISES
TERM OF BOND: 12-04-92 12-04-93
Section 1.
The term may be extended for additional periods of one year by the payment of a premium to be,detc by the Surety.
DISCOVERY PERIOD:
Section 2. Loss is covered under this bond only (a) if sustained through an act or acts committed b
employee(s) of Contractor while this bond is in force as to such employee(s), and (b) if discovered pric
the expiration or cancellation of this bond in its entirety.
LIMIT OF LIABILITY:
Section 3.
not exceed the sum of
DEFENSE OF SUIT:
Section 4. In the event any suit or other proceeding is brought against Contractor alleging a loss wii
coverage of the bond, Contractor shall promptly notify Surety of such suit or proceedings, and shall fu advise Surety with respect to the same. Surety shall have the option of providing a defense to such sui1 proceeding through attorneys selected by it; provided that, except as to defense provided by the Sure?
such option, Surety shall have no obligation with respect to the defense of any such suit or proceeding
pecuniary or otherwise.
DEFINITION OF EMPLOYEE:
Section 5. The word employee or employee(s), as used in this bond shall be deemed to mean, one ( natural persons while in the regular service of the Contractor in the ordinary course of the Contractor',
business and whom the Contractor compensates by salary, or wages and has the right to govern and di the performance of such service.
The term of this bond shall be from to
. '"
The maximum liability of the Surety to the Contractor for all customers c0vere.d hereunc TWO THOUSAND FIVE HUNDRED AND NO/lOO 2,soo.a
t " (S
1-
U18 Rev. 1/91
. . 0 0
* SALVhGE :
Section 6. If the Contractor shall sustain any loas or 108SeS coyered by this bond
exceed the amount of coverage provided by this bond, the Contractor and the Surety
share in any recovery (except from other insurance) in the proportion that the loss
tained by each bears to the total loss.
CANCELLATION AS TO ANY EMPLOYEE:
Section 7. This bond shall be deemed cancelled as to any employee: (a) immediately
discovery by the Contractor, or by any partner or officer thereof not in collusion
such employee, of any fraudulent or dishonest act on the part of such employee; or
upon the effective date specified in a written notice by Surety served upon the Con
tor or sent by mail. Such date, if the notice be served, shall be not less than te
days after such service, or, if sent by mail, not less then thirty (30) days after date of mailing. The mailing by Surety of notice, as aforesaid, to the Contractor
its principal office shall be sufficient proof of notice.
CANCELLATION AS TO BOVD IN ITS ENTIRETY:
Section 8. This bond shall be deemed cancelled in its entirety upon the effective d
specified in a written notice served by the Contractor upon the Surety or by the Su
upon the Contractor, or sent by mail. Such date, if the notice be served by the tu
shall be not less than ten (10) days after such service, or if sent by the Surety I
mail, not less than thirty (30) days after the date of mailing. The mailing by the
Surety of notice, as aforesaid, to the Contractor at its principal office shall be
ficient proof of notice. The Surety shall refund to the Contractor the unearned pr
computed pro-rata if this bond be cancelled at the instance of the Surety, or at SI rates if cancelled or reduced at the instance of the Contractor.
LOSS - NOTICE - PROOF - LEGAL PROCEEDINGS:
Section 9. At the earliest practical moment, and at all events not later than fifte
(15) days after discovery of any fraudulent or dishonest act on the part of any emp
by the Contractor, or by any partner or officer thereof not in collusion with such employee, the Contractor shall give the Surety written notice thereof and within fo
(4) months after such discovery shall file with the Surety affirmative proof of loa itemized and duly sworn to, and shall upon request of the Surety render every assia
not pecuniary, to facilitate the investigation and adjustment of any loss. No suit
recover on account of loss under this bond shall be brought before the expiration o
(2) months from the filing of proof as aforesaid on account of such loss, nor after expiration of fifteen (15) months from the discovery as aforesaid of the fraudulent
dishonest act causing such loss. If any limitation in this bond for giving notice- claim or bringing suit is prohibited or made void by any law controlling the consti
of this bond, such limitation shall be deemed to be amended so as to be the equal (
minimum period of limitation permitted by such law.
I' ..
1 192 SIGNED, SEALED and DATED this 4 day of DECEMBER
INDuvrJITY COMPANY OF CALIFORNIA
r.
By : w, ' At torney-ins L. WARD
u18 vas
n
a e e CITYOFCARLSBAD
1200 Carlsbad Village Drive carlsbad CA 92008
REPRESENTATION AND CERTIFICATION
r.
t PurChasingDep-mt
‘,
The follo*g representation and certification should be completed, signed and returned to City of Carlsbad.
REPREsENTAnONS: Mark all applicable blanks. This Are you currently certified by CALtRANS?
offeror represents as part of this offer that: YES NO
(Check appropriate Ethnic Business Type) Certification #:
CERTIFICATION OF BUSINESS
REPRESENTATION (S):
Mark all applicable blanks. This offeror repres
part of this offer that:
This firm is d is not
minority business. This firm is , is not
woman-owned business.
WOMAN-OWNED BUSINESS: A wom
business is a business of which at least 51 1
DEFINITIONS: owned, controlled and operated by a woman c
Controlled is defined as exercising the powel
MINORITY BUSINESS ENTERPRISE: ‘Minority policy decisions. Operation is defined a!
Business’ is defined as a business, at least 51 percent of involved in the day-today management.
which is owned, operated and controlled by minority group members, or in the case of publicly owned FIRM’S PRIMARY PRODUCTS OR SERVICE
businesses, at least 51 percent of which is owned,
operated and controlled by minority group members.
The Small Business Administration defines the socially
and economically disadvantaged (minorities) as Black
American, Hispanic American, Native Americans (Le.
American Indian, Eskimos, Aleuts and Native Hawaiians),
and Asian-Pacific Americans (Le., U.S. Citizens whose
origins are from Japan, China, the Philippines, Vietnam,
Korea, Samoa, Guam, the U.S. Trust Territories of the
Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
CONSTRUCTION CONTRACTOR:
CLASSIFICATION(S):
LICENSE NUMBER:
CERTIFICATION:
The information furnished is certified to be factual and correct as of the date submitted.
COMPANY NAME PRINTED NAME
ADDRESS rmE
CITY,STATE AND ZIP SIGNATURE
TELEPHONE NUMBER DATE
12/93