HomeMy WebLinkAbout1999-02-16; City Council; 15054; Award Agreement For Custodial MaintenanceCl=‘! OF CARLSBAD - AGEVA BILL qc
FOR CUSTODIAL .._....I&
AWARD OF AGREEMENT
RECOMMENDED ACTION:
Staff recommends Council adopt Resolution No. ‘i? - 55 , accepting the bid proposal of
Quality Building Maintenance and authorizing the execution of an agreement for custodial
maintenance services.
ITEM EXPLANATION
The City of Carlsbad has 19 facilities totaling 86,750 square feet for which custodial services are
contracted out. Since the contract executed in 1994 has expired, staff requested new bids to
established a new agreement.
In accordance with Section 3.28.120 of the Municipal Code, Notice to Bidders was published
and Requests for Bid were sent to thirty-five contractors. Six bids were received. The apparent
low bid (Padre Janitorial) was rejected as non-responsive due to an error made by the contractor
that resulted in an extremely low bid. The Facilities Superintendent and the Purchasing
Department recommend acceptance of the bid for custodial maintenance services from Quality
Building Maintenance, 2929 Oceanside Blvd., #8, Oceanside CA 92054. Bid prices are listed
below:
Contractor Annual Amount
Quality Building Maintenance $93,690.00
DH Maintenance $105300.00
Unlimited Services $111444.00
JaniKing of San Diego $114,594.00
Aztec Landscaping $117,175.56
FISCAL IMPACT
Funds for custodial maintenance services are a part of the facilities maintenance annual budget.
Services for Housing and Redevelopment facilities will be funded from their annual budget.
I
EXHIBITS
Resolution No. 99 - Sci
RESOLUTION NO. 99-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, ACCEPTING A BID AND AUTHORIZING THE
EXECUTION OF AN AGREEMENT.
WHEREAS, the City of Carlsbad requires the services of a custodial maintenance contractor, and; ’
WHEREAS, proper bidding procedures have resulted in the receipt of bids from qualified vendors;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows:
1. The bid of Quality Building Maintenance is hereby accepted.
2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute a contract for
these services, a copy of which is attached hereto, for and on behalf of the City of Carlsbad
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.
3. The Purchasing Officer is hereby authorized and directed to issue a purchase order for
custodial maintenance services..
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad held on the 16th day of February , 1999, by the following vote to wit:
AYES: Council Members Lewis, Hall, Nygaard and Kulchin
NOES: None
ABSENT: Council Member Finnila
ATTEST:
y Clerk
(SEAL)
AGREEMENT
A
THIS AGREEMENT is made and entered into as of the lsth. day of
F&&ry .A .--- _ , 79.s by and between the CITY OF CARLSBAD, a municipal - -9
corporation, hereinafter referred to as “City”, and Quality Building Maintenance,
hereinafter referred to as “Contractor.”
City requires the services of a custodial maintenance Contractor; and Contractor
possesses the necessary skills and qualifications to provide the services required by
the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
A. General
i. Take responsibility for the performance of all work described in this
agreement.
ii. Provide all labor, materials, and equipment except where otherwise
indicated in this agreement, and supervise the performance of the
work.
iii. Furnish a supervisor and make every effort to keep him/her on the job
at all times.
iv. Comply with all laws, ordinances, rules, and regulations of government
authorities, federal, state and local, including Worker’s Compensation
rev. 8125198
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and Immigration Reform and Contract Act of 1986, pertaining to the
performance of work.
v. Maintain current copies of MSDS sheets on site for all chemicals used
and stored at each facility.
vi. Comply with all necessary appropriate safety measures.
vii. Perform all work necessary and incidental to the orderly performance
of the work.
viii-Report any emergency of a safety, security or health problem to the
City Police/Fire Dispatcher (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 similar problem that cannot wait to be repaired until the next
work day. Emergency problems reported to the Dispatcher and non-
emergency items that require attention will be expeditiously submitted
in writing to the Facilities Manager, Community Services Department,
405 Oak Avenue, Carlsbad, California 92008-3009 on the next
workday.
B. Schedule of Tasks
i. Daily Maintenance Work Items:
a. Empty trash containers; re-line as needed; wipe containers
clean, as necessary; remove all trash to a designated central
location for disposal.
b. Empty and damp wipe all ashtrays and cigarette urns
c. Hand dust and/or damp wipe without streaking 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 without streaking all other types of office
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rev. 8125198
d.
e.
f.
h.
i.
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furnishings such as telephones, lamps, pictures, thermostats,
fire extinguishers; 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.
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 no writing/drawings.
Dust mop all resilient tile and hardwood floor surfaces; damp
mop as required; wood floors with one ounce per gallon solution
of Super Shine-All; sweep all stairways.
Maintain separate dust mops for use only on gymnasium and
activity room floors and treat with Hilyard Super Hil-Tone
Dressing.
rev. 8/25/98
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k. Spray buff and/or apply S.O.S. floor finish as required on
Harding Community Center auditorium floor to eliminate slippery
conditions.
I. Thoroughly vacuum traffic areas of all carpets and rugs; spot
clean carpets, as needed. Note: Building Maintenance
Supervisor will schedule soil extraction on an annual basis.
m. Clean glass entrance doors, inside/outside; spot clean metal
framing, as needed.
n. Clean rest rooms and showers; use germicidal detergent to
clean all toilets and urinals, inside and outside including seats;
clean and polish all flushometers and piping;
l Clean all wash basins/sinks and wipe dry; clean and polish
all basin fixtures and exposed pipes underneath;
l Clean all mirrors, shelves under mirrors, and other shelves
or brackets;
l Spot clean partitions, doors, and wall areas, as needed;
l Fill all paper and soap dispensers; wipe clean all dispensers
and trash receptacles (no refill supplies shall be stocked in
vicinity of dispenser);
l Damp mop floor using germicidal detergent; wet mop
ceramic tile and terrazzo tile;
l Completely sanitize restroom and shower floors and walls at
all facilities.
ii. Weekly Maintenance Work Items
a. Those items listed under daily maintenance.
b. Vacuum all carpeted areas completely.
c. Vacuum all upholstered furniture; spot clean as needed.
rev. 8/25/98
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d. Damp mop all resilient tile and wood floors, including stairs,
spray buff all resilient tile areas.
e. Treat water used for damp mopping all wood floors including
gymnasium and activity room floors with one ounce per gallon
solution of Super Shine-All.
f. Clean all inside glass partitions.
g. Clean and polish all metal entrance doors and jambs.
h. Dust all baseboards, picture frames and other vertical surfaces
of all office furniture; dust all molding, ledges, tops of partitions,
trim ventilators, louvers and air registers regardless of height
above floor.
i. Pour one gallon water containing two ounces of germicidal
detergent down all floor drains; scrub and clean the custodian’s
deep sink, if applicable.
iii. Monthly Maintenance
a. Those work items listed under daily and weekly maintenance.
b. Scrub all resilient tile floors and stairs; apply new floor finish, as
needed and polish floors.
c. Machine scrub all hard tile (ceramic, quarry, etc.) floors.
d. Dust all wood paneling; add lemon oil, as needed.
e. Dust all partition tops, door tops, ceiling vents and light fixtures.
f. Dust exposed pipes and overhead exposed mechanical
equipment.
iv. Quarterly Monthly Work Items (To be performed during the first
month of each quarter)
a. Those items listed under daily, weekly and monthly
maintenance.
b. Clean all windows, inside and outside.
rev. 8/25/98
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M
c. Clean walls and ceilings (including partitions.)
d. Clean and polish marble, wood, etc., walls and paneling.
e. Vacuum all upholstered furniture
v. Semi-Annual Maintenance Work Items (To be performed during the
first and seventh month of the calendar year.)
a. Those work items listed under daily, weekly, monthly and
quarterly maintenance.
b. Shampoo all carpeted traffic areas using methods approved by
the Facilities Manager.
c. Strip and re-seal all hard tile (ceramic, quarry, etc.) floors.
d. Clean (wash) all window blinds.
e. Clean all baseboards.
f. Clean all exterior window screens.
g. 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.)
vi. Annual Maintenance Work Items (To be performed during the first
two months of each calendar year.)
a. Those work items listed under daily, weekly, monthly, quarterly
and semi-annual maintenance.
b. 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.
rev. 8125198
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C. 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.
D. The Contractor will provide the City with a blanket fidelity bond covering all
employees.
E. 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.
F. Ail lights are to be turned off when leaving unoccupied buildings.
G. Contractor’s employees shall be required to be clean and neat in appearance
and 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 a courteous, helpful 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.
H. Contractor’s employees shall not use City phones, computers, copiers, fax
machines, etc.
I. 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.
J. Work hours shall be after normal operating hours for each facility and
between the hours of 6:00 p.m. and 6:00 a.m., Sunday through Friday,
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rev. 8125198
.-
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.
K. Holidays observed will be: New Year’s Day, Lincoln’s Birthday, Washington’s
Birthday, Memorial Day, July 4’h, Labor Day, Columbus Day, Veteran’s Day,
Thanksgiving Day, Friday after Thanksgiving Day and Christmas Day.
L. The Contractor shall maintain a record of work accomplished which shall
include date, time in, time out, location of work 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.
M. 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-site” representative shall be
available for consultation regarding problems on a daily basis at some time
during regular working hours (8:00 a.m. to 5:00 p.m., Monday through
Friday).
N. 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
rev. 8125198
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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 Contractor.
2. CITY OBLIGATIONS
The Facilities Manager or appointed designate shall monitor the custodial
contract service and act as liaison to the Contractor.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City. Extensions of time may be granted if requested by
the Contractor and agreed to in writing by the Facilities Manager. The Facilities
Manager will give allowance for documented and substantiated unforeseeable and
unavoidable delays not caused by a lack of foresight on the part of the Contractor, or
delays caused by City inaction or other agencies’ lack of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $7,807.50 per
month. No other compensation for services will be allowed except those items covered
by supplemental agreements per Paragraph 7, “Changes in Work.”
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (I) year from date thereof. The
contract may be extended by the City Manager for three (3) additional one (1) year
periods or parts thereof, based upon a review of satisfactory performance and the City’s
needs. The parties shall prepare extensions in writing indicating effective date and
length of the extended contract.
rev. 8125198
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6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice. Services not performed will be deducted
from the monthly payment based upon the daily prorated amount for each facility.
7. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and 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 contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required changes shall be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to 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 Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
8. COVENANTS AGAINST CONTINGENT 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 annul this agreement without liability, or, in its discretion,
to deduct from the agreement price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
rev. 8125198
-lO-
9. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
10. INSPECTIONS
The Facilities Manager and other concerned City personnel, as appropriate, will meet
periodically to review the agreement performance. The Contractor will be appraised
how the City views the Contractor’s performance and the Contractor will appraise the
City of problems, if any, being experienced. The Contractor will also notify the Facilities
Manager 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.
All 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 permit 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.
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
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rev. 8/25/98
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 services
performed. In the event the Contractor fails to perform the services promptly or to take
necessary steps to ensure future performance of the service in conformity with the
specifications and requirements of the agreement, the City shall have the right to either
(1) have the services performed in conformity with the agreement specifications and
charge to the Contractor any cost occasioned to the City that is directly related to the
performance of such services, or (2) terminate this agreement for default.
11. TERMINATION OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Facilities Manager shall make a determination of fact based upon
documents delivered to City of the percentage of work which the Contractor has
performed which is usable and of worth to the City in having the contract completed.
Based upon that finding as reported to the City Manager, the Manager shall determine
the final payment of the contract.
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 assemble the work product and put same
in order for proper filing and closing and deliver said product to City. In the event of
termination, the Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the fee payable under paragraph 4. The City
Manager shall make the final determination as to the portions of tasks completed and
the compensation to be made.
rev. 8/25/98
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12. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 et sea., the False Claims Act, 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 the City of Carlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to five years. The Contractor acknowledges debarment
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor
from the selection process. a (Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
&Q: (Initial)
13. STATUS OF THE CONTRACTOR
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. The persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
-13-
rev. 8125198
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 or its employees or subcontractors. The City
shall not be required to pay any workers’ compensation insurance or unemployment
contributions on behalf of the Contractor or its employees or subcontractors. The
Contractor agrees to indemnify the City within 30 days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers’
compensation payment which the City may be required to make on behalf of the
Contractor or any employee or subcontractor of the Contractor for work done under this
agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
14. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad 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 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.
15. ASSIGNMENT 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.
rev. 8125198
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16. 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 un!ess
specifically noted to the contrary in the subcontract in question approved in writing by
the City.
17. 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 directly 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.
18. VERBAL AGREEMENT 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 of the terms or obligations herein contained nor entitle the Contractor to any
additional payment whatsoever under the terms of this contract.
rev. 8125198
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C
19. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 14, “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.
20. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
21. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and the
City’s conflict of interest code, that the Contractor will not be required to file a conflict of
interest statement as a requirement of this agreement. However, Contractor hereby
acknowledges that Contractor has the legal responsibility for complying with the
Political Reform Act and nothing in this agreement releases Contractor from this
responsibility.
22. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract 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 work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall 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 and shall meet the City’s policy for
insurance as stated in Resolution No. 91-403.
rev. 8125198
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A. Coveranes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily
injury and property damage.
3. Workers’ Compensation and Employer’s Liability. Workers’
Compensation limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor’s profession with limits of not less than $l,OOO,OOO per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers’ Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
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rev. 8/25/98
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
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rev. 8125198
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23. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows:
For City: Title Facilities Manager
Name Chuck Walden
For Contractor:
Address 405 Oak Avenue
Carlsbad CA 92008
Title &&G+VY
Name
24. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
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rev. 8125198
25. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by Contractor this $7-x day of’ &@&WY’ , 19 w .
CONTRACTOR:
ATTEST:
By:
(sign here)
AHHA L.@&UiENl@ANZ
(print name/title) City Clerk
KAREN R. KUNDTZ, Assistant City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president 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
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
As&tent City Attorney
d’llJ IV. rev. 8125198 -20 -
. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Cacteu4;e
County of
On . - l before me,
Data 1 Nyna and TUa d Olficar (e.g., ‘Jane Doe, Notary Putdic-) I
personally appeared m R _ eAfi& c odG& f
d
NPme(G cd SigMs)
v OR - proved to me on the basis of satisfactory evidence to be the person@j
whose nameH is/+r&ubscribed to the within instrument
and acknowledged to me that he/-executed the
same in hiwthorized capacity(i and that by
his#&th&signature@on the instrument the person(@),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNE S my hand and official seal.
ALow&&
Signabnw~ Notary Pubk
OPTIONAL
Though the information be&w is not required by law. it may prove valuable to persons retying on the document and could prevent
fraudulent removal and nsattachment of this form to another document.
Description of Attached Document
Title or Type of Document: (39-e G%P= L!l4zMf3&
Document Date: 5-+h ; %3#3, Number of Pages. -k
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: /. d Individual, *& -7&Nef _ -I- w Corporate-Officer
Title(s):
0 Partner - 0 Limited 0 General
Cl Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Signer’s Name:
Cl Individual
Cl Corporate Officer
Title(s):
0 Partner - Cl Limited q General
q Attorney-in-Fact
Cl Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
0 1994 National NotaF,Associalion - 8236 Remmet Ave.. P.O. Box 7134 - Canoga Pa& CA 31309-711J4 Prod. No. 5907 Reorder: Cal Toll-Free l-30047CS327
February 16,1999
Quality Building Maintenance
2929 Oceanside Blvd. Suite B
Oceanside, CA 92054
I RE: CtB?UbtAL MAINTENANCE AGREEMENT I
Enclosed for your reference are copies of Carlsbad City Council Agenda Bill
No. 15,054 and Resolution No. 99-59. These documents went before the City
Council on February 16, 1999, when the Resolution was adopted. Also enclosed
is a copy of the fully executed agreement with the City of Carlsbad for custodial
maintenance services.
If you have any questions regarding your contract, please call Chuck Walden,
Facilities Manager. Mr. Walden can be reached at (760) 434-2980.
Kathleen D. Shoup
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 @