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HomeMy WebLinkAbout2000-06-20; City Council; 15789; Award Agreement For Custodial Maintenance ServicesCIT-OF CARLSBAD - AGENP-4 BILL sif 5 , Awl AB # 15,789 TITLE: MTG. 6-20-00 AWARD OF AGREEMENT FOR CUSTODIAL MAINTENANCE SERVICES DEPT. PUR RECOMMENDED ACTION: Staff recommends Council adopt Resolution No. 2ccc-1% , accepting the bid proposal of D.H. Maintenance Services 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. Staff has determined that it is more cost effective to continue to outsource this service for these facilities. Due to the quality of service and pricing of our current contractor, staff decided to request new bids to establish 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 44 contractors. Four bids were received. The Public Works Supervisor/Facilities Division and the Purchasing Department recommend acceptance of the bid for custodial maintenance services from D. H. Maintenance Services, 2320 Back Nine Street, Oceanside California 92056. Bid prices are listed below: Contractor Annual Amount DH Maintenance $108,720.00 Aztec Janitorial $111,115.08 Coastal Building Services $111,720.00 Advanced Building Maintenance !$146,040.00 FISCAL IMPACT The price from the low bidder is $14,280.00 less per year than we are now paying. 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. EXHIBITS Resolution No. sooo-1% RESOLUTION NO. 2ooo-~q 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 4 contractor, and; 5 WHEREAS, proper bidding procedures have resulted in the receipt of bids from qualified 6 vendors; 7 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as 0 follows: 9 1. The bid of D. H. Maintenance Services, 2320 Back Nine Street, Oceanside California 10 11 12 13 14 15 16 17 92056 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 20th day of June , 2000, by the following vote, to wit: 10 19 21 22 AYES: Council Members Hall, Nygaard and Kulchin NOES: None 23 II ABSENT: Council Members Lewis and Finnila 26 Matt Hall, Mayor ProTem 27 28 II (SEAL) L - i CUSTODIAL MAINTENANCE AGREEMENT D. H. MAINTENANCE SERVICES THIS AGREEMENT is made and entered into as of the 27th day of June , 2000, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and D. H. MAINTENANCE SERVICES, a sole proprietorship, hereinafter referred to as “Contractor.” RECITALS City requires the services of a Contractor to provide the necessary janitorial services for those City facilities listed on Exhibit “A” to this Agreement, which is attached hereto and incorporated herein by reference, and Contractor possesses the necessary skills and qualifications to provide the services required by City; Contractor has submitted documents related to this Agreement, including but not limited to those contained in Exhibits C, D and E to this Agreement, which are attached hereto and incorporated herein by reference. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS Contractor shall provide those services described in Exhibit “B” to this Agreement, which is attached hereto and incorporated herein by reference. 2. , CITY OBLIGATIONS The Public Works Manager/General Services shall furnish keys to Contractor for applicable City facilities. -1 - rev. l/24/00 5 -’ A - 3. PROGRESS AND COMPLETION Immediately upon notification that City has executed this Agreement, Contractor shall commence the work provided for in this Agreement, and continue such work in a due and diligent manner without interruption. 4. FEES TO BE PAID TO CONTRACTOR City shall pay Contractor the sum of $108,720.00, to be paid in twelve (12) equal installments of $9,060.00. No other compensation for services shall be allowed, exceptthose items covered by this Paragraph 4 or by supplemental agreements pursuant to Paragraph 7, “Changes in Work”. In the event notification of a change in work is made at other than the 1 beginning of the monthly Agreement period, payment for that month shall be prorated from the day Contractor is notified. Services not performed shall be deducted from the monthly payment based upon the daily prorated amount for each facility Once each year after the first year of this Agreement (but not retroactively), upon written request by Contractor and approval by the Public Works Manager/General Services, said monthly maintenance sum shall be subject to change in accordance with the Consumer Price Index, San Diego, as published by the U. S. Department of Labor, based on the percentage change in the index from the first month of this Agreement to each succeeding anniversary thereof. 5. TERM This Agreement shall extend for a period of one (1) year from the date hereof. The City Manager may extend this Agreement for three (3) additional one (1) year periods, for a total Agreement period of four (4) years, upon satisfactory performance by Contractor. 6. WORK HOURS a. Work hours shall be after normal operating hours for each facility and rev. l/24/00 -2 - between the hours of 6:00 p.m. and 6:00 a.m., Sunday through Friday, except holidays, dependent upon scheduled use. Blockhouses shall be cleaned between the hours of 9:00 p.m. and 6:00 a.m. and locked upon completion of cleaning. Any change in work hours by Contractor must be approved, in advance, by the Public Works Manager/General Services, or his/her appointed designee. b. Holidays observed shall be: New Year’s Day, Lincoln’s Birthday, Washington’s Birthday, Memorial Day, July 4th, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Friday after Thanksgiving Day and Christmas Day. 7. CHANGES IN WORK If, in the course of this Agreement, changes seem merited by Contractor or City, and informal consultations with the other party indicate that a change in the conditions of this Agreement is warranted, Contractor or City may request a change in Agreement. Such changes shall be processed by City in the following manner: A letter outlining the required changes shall be forwarded to 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 City and approved by 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 this Agreement. 8. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that their firm 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 rev. 1124100 -3 - .5 breach or violation of this warranty, City shall have the right to annul this Agreement without ’ liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 9. NONDISCRIMINATION CLAUSE Contractor shall comply with the state and federal laws regarding nondiscrimination. 10. TERMINATION OF AGREEMENT In the event of Contractor’s failure to prosecute, deliver, or perform the work as . provided for in this Agreement, the City Manager may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination of this Agreement. Contractor, thereupon, has five (5) working days to deliver any property owned by City, including but not limited to keys, to the Public Works Manager/General Services. The Public Works Manager/General Services shall make a determination of fact of the percentage of work which Contractor has performed. Based upon that finding as reported to the City Manager, the Manager shall determine the final payment of this Agreement. This Agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such termination, upon request of City, Contractor shall return all keys and property of City to the Public Works Manager/General Services. In the event of termination, Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under Paragraph 4 of this Agreement. City shall make the final determination as to the portions of tasks completed and the compensation to be made. -4 - rev.1 /24/00 - 11. DISPUTES If a dispute should arise regarding the performance of work under this Agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Agreement, shall be reduced to writing by the principal of Contractor or the Public Works Manager/General Services. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Public Works Manager/General Services or principal receiving the letter i shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 12. CLAIMS AND LAWSUITS 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 12650et seq., 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 City seeks to rev.1/24/00 -5 - 7 - - 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 wherein Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. Contractor acknowledges debarment by another jurisdiction is grounds for City to disqualify Contractor from the selection process./&’ (Initial&,/$?(lnitial) / The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028, as amended, pertaining to false claims are incorporated herein by reference. /&,$nitialJ &Jnitial) $13. JURISDICTION Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is San Diego County, California. 14. STATUS OF THE CONTRACTOR 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 City. Contractor shall be under control of City only as to the result to be accomplished, but shall consult with City as provided for in the request for proposal. The persons used by Contractor to provide services under this Agreement shall not be considered employees of City for any purposes whatsoever. Contractor is an independent Contractor of City. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor is entitled. City shall not make any federal or state tax withholdings on behalf of Contractor or its employees or subcontractors. City shall not be required to pay any workers’ rev. l/24/00 -6 - compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within 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 employee or subcontractor of Contractor for work done under this Agreement or such indemnification amount may be deducted by City from any balance owing to Contractor. 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. 15. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless 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 by any willful misconduct, or negligent act, or omission of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 16. ASSIGNMENT OF AGREEMENT Contractor shall not assign this Agreement or any part thereof or any monies due thereunder without the prior written consent of City. 17. SUBCONTRACTING If Contractor shall subcontract any of the work to be performed under this Agreement by Contractor, Contractor shall 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 rev.1 /24/00 -7 - . Contractor. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor of Contractor and City. Contractor shall 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 in question approved in writing by City. 18. PROHIBITED INTEREST No official of City who is authorized in such capacity on behalf of 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 Agreement or in any part thereof. No officer or employee of City who is authorized in such capacity and on behalf of City to exercise any executive, supervisory, or similar functions in connection with the performance of this Agreement shall become directly or indirectly interested personally in this Agreement or any part thereof. 19. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of City, either before, during or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained nor entitle Contractor to any additional payment whatsoever under the terms of this Agreement. 20. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 15, “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. -8 - rev.1 /24/00 21. EFFECTIVE DATE This Agreement shall be effective on and from the day and year first written above. 22. CONFLICT OF INTEREST City has determined, using the guidelines of the Political Reform Act and City’s conflict of interest code, that Contractor shall 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. -23. INSURANCE Contractor shall obtain and maintain for the duration of this 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 work hereunder by 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-Y and shall meet City’s policy for insurance as stated in Resolution No. 91-403. A. Coveraqes 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 Agreement or the general aggregate shall be twice the required per occurrence limit. rev. l/24/00 -9 - 2. Automobile Liability (if the use of an automobile is involved for Contractor’s work for City). $l,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. 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. City shall be named as an additional insured on all policies excluding Workers’ Compensation. 2. Contractor shall furnish certificates of insurance to City before commencement of work. 3. Contractor shall obtain occurrence coverage which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of this Agreement and any extension thereof and shall not be canceled without 30 days prior written notice to City sent by certified mail. 5. If’ Contractor fails to maintain any of the insurance coverages required herein, then City shall 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 that the required coverages may be maintained. Contractor is responsible for any payments made by City to obtain or maintain such insurance and City may collect the same from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. -10 - rev. l/24/00 - 24. RESPONSIBLE PARTIES 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 in connection with the foregoing are as follows: For City: Title Public Works Manager/General Services Address 405 Oak Avenue Carlsbad CA 92008 a For Contractor: Title :~~lAE& Name (1 iPx?p&&- LA L L / 5 Address ; 5‘7(> -fy& :jy Ai&- 5, / ‘C /3&T&i e,z /a P I / ((m 7zc3-z 25. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of this Agreement. 26. FIDELITY BOND Contractor shall provide City with a blanket fidelity bond covering all employees. 27. INSPECTIONS a. The Public Works Manager/General Services and other concerned City personnel, as appropriate, shall meet periodically to review the Agreement performance. Contractor shall be appraised how City views Contractor’s performance and Contractor shall appraise City of problems, if any, being experienced. Contractor shall also notify the Public Works Manager/General Services in writing of any work being performed, if any, that Contractor rev. l/24/00 -11 - - considers to be over and above the requirements of this Agreement. Appropriate action shall be taken to resolve outstanding issues. b. 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 City at all times during the term of this Agreement. Contractor shall provide adequate cooperation to any inspector assigned by City to permit the inspector to determine Contractor’s conformity with these specifications and the adequacy of the services being contractually provided. All inspection by City shall be made in such a manner as not to unduly interfere with Contractor performance. C. If any services performed hereunder are not in conformity with the specifications and requirements of this Agreement, City shall have the right to require 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, City shall have the right to (1) require Contractor immediately to take all necessary steps to ensure future performance of the services shall be in conformity with requirements of this Agreement, and (2) reduce the contractual price to reflect the reduced value of the services performed. In the event 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 this Agreement, City shall have the right to either (1) have the services performed in conformity with the Agreement specifications and charge to Contractor any cost occasioned to City that is directly related to the performance of such services, or (2) terminate this Agreement for default. -12 - rev. l/24/00 - 28. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated herein, 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 hereof. In case of conflict, the terms of this Agreement supersede the purchase order. 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 J o day of 5 ~2 ,200o. CONTRACTOR: (print name/title) -a./4 /L’ 1,+/L m:*J&T ~v=J’&7,< e (name of Contractor) Y By: r - _ *Id, ,- 8. /f,y- z. /, LL./, -2 /’ (sign here) C-m c;&.w&- /U&/i/~-, /:; ;c’,Jep / (print name/title) By: (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California \ City LOR’RAINE M. WOOD City Clerk (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. 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: RON-. BALL, City Attorney BY: CY rev. l/24/00 -13 - - . State of California County of -G&J n/&ii 1 ss. 6, Abdl’ , before me, .&T&%/<- &36%&!~ &W%d / l&t//L , Date / Name ahd Title of Officer (e$., “Jane Doe. No& Publtc”) personally appeared 6cx,f-/E ~LZZ~~A~ &+A’ Name(s) of Signer(s) 3 personally known to me i&$roved to me on the basis of satisfactory evidence to be the person&) whose name@) is/are subscribed to the within instrument and acknowledged to me that helsh&bey executed the same in his/h&#& authorized capacity(*), and that by his/he&heir signature+) on the instrument the person(eor the entity upon behalf of which the person@+- acted, executed the instrument. Place Notary Seal Above &gnatu$&Notary Public OPTIONAL Though the lnformatton below IS not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer Signer’s Name: C Individual 0 Corporate Officer - Title(s): C Partner - i Limited General 0 Attorney in Fact C Trustee C Guardian or Conservator ci Other: Signer Is Representing: m Top of lhurrb tere 0 1997 NatIonal Notary Assoc~abon * 9350 De Soto Ave PO Box 2402 . Chatsworth CA 91313.2402 Prod No 5907 Reorder Call Toll-Free l-800-876-6827 . : : 0 * . \ F .- iFi 8 i!? s I c d ‘J !! aI 0 u) B c 1 .- z $ g 2 l-U= 3; Em .o, 2 Lm D . s 3 y\ $ 8 . s 1 s‘ 1 i 1 cn ii g Et- h 0 B B t b = m c (II m Tl 2 iif 2 E 5 cn .Z P ‘C 4 E E ii &I a v) .- 5 9 8 'Z *= .- ii P .- g = P E 3 = ([I z iz F .- ?i b 2 c" 8 E '1 8 2 i i z r" : c 'G i 2 aI 0 rn d 8 1 .- L cz 8 2 1 ti 0 z 9 4 WI t= .- 4 ifi LL & F gi -; E m- E-; Len 0 N-CD CC - .- -0 %ii OX bcr, 513 00 - Exhibit B Contractor’s Obligations 1. General Obligations- Contractor shall: a. Take responsibility for the performance of all work described in this Agreement. b. Provide all labor materials, and equipment except where otherwise indicated in this Agreement, and supervise the performance of the work. C. all times. Furnish a supervisor and make every effort to keep him/her on the job at d. Comply with all laws, ordinances, rules, and regulations of government authorities, federal, state and local, including Worker’s Compensation and Immigration Reform and Contract Act of 1986, pertaining to the performance of the work. e. Maintain current copies of MSDS sheets, organized in a three ring binder, on site for all chemicals used and stored at each facility. f. Comply with all necessary appropriate safety measures. 9 the work. Perform all work necessary and incidental to the orderly performance of h. Report any emergency of a safety, security or health problem to the City Police/Fire Dispatcher (9312197) including, but not limited to, an unlockable exterior door, broken ground floor window, plumbing stops or leaks, electrical power outage, cooling or heating malfunctron 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 shall be expeditiously submitted in writing to the Public Works Manager/General Services, Public Works, 405 Oak Avenue, Carlsbad, California 92008-3009 on the next work day. i. Contractor who shall be responsible for locking and securing the buildings, including alarm systems, when leaving. j. Contractor shall NOT duplicate keys to buildings; additional keys, as needed, shall be provided by the Public Works Manager/General Services. k. All lights are to be turned off when leaving unoccupied buildings. I. Contractor’s employees shall be required to be clean and neat in appearance and -19 - rev. l/24/00 wear identification. Contractor shall be required to submit verification that employees have the right to work in the United States. Contractor shall perform all obligations in a . good professional and lawful manner, provide competent and sober personnel, efficient and clean equipment, and service the City in courteous, helpful and impartial manner. Contractor shall remove any of its employees from work on this Agreement for justifiable cause upon the request of City. m. Contractor’s employees shall not use City phones, computers, copiers, Fax machines, or other such equipment. n. In cooperation with the Carlsbad Police Department, Contractor agrees to, and pay for, background checks if required on all personnel providing custodial services at City facilities. In the event such background check reveals an item which Carlsbad Police deems a security pronlem, City may request that such individual be removed from the list of personnel authorized to provide custodial services in City facilities. 0. Contractor shal! maintain a record of work accomplished which shall include date, time in, time olrt, 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. P* Contractor shail have an “on-site” representative with authority to contractually bind Contractor in matters which may arise during this Agreement pertormance period. Contra!:tor shall provide, prior to commencement of work under this Agreement, in writing to ;he Public Works Manager/General Services, a statement indicating by name the specific authority vested in the “on-site” representative. Contractor’s “on-site” repres+:ntative shall 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 availa5le for consultation regarding problems on a daily basis at some time during regular wurking hours (8:00 a.m. to 5:00 p.m., Monday through Friday). . q- Within five (5) working days after the award of the bid, Contractor shall submit to the Public Work;; Manager/General Services a complete plan of his operations, indicating the names and addresses of the custodians (including all specialists and relief personnel) and the specific areas assigned to each, the days and times on which other than nightly duties shall be performed, and the names and addresses of all supervisors. The plan shall be kept current by Contractor. r. No chemicals or cleaning agents shall be stored at any facility without the express written permission of the Public Works Manager/General Services, but shall be carried to and from the job site daily. -20 - rev.1/24/00 S. Materials used by Contractor in the performance of this Agreement, including but not limited to cleaning supplies and paper products, shall consist only of those specific types and brands approved in writing by City. 2. Schedule of Tasks a. Daily Maintenance Work Items: i. Empty trash containers; re-line as needed with properly sized bags: wipe containers clean, as necessary; remove all trash to a designated central location for disposal. ii. Hand dust and/or damp wipe without streaking all flat surfaces, including but not limited to, counters, receptionist counters/desks and office furnishings such as file cabinets, desk chairs, tables, bookcases; hand dust and/or damp wipe without streaking all other types of office furnishings such as telephones, lamps, pictures, thermostats, fire extinguishers; personal desk tops shall be excluded unless the employee has cleared the desk top and requested cleaning. iii. Hand dust and/or damp wipe all ledges and flat surfaces below 72” from the floor. iv. Remove all finger marks, smudges, and other marks around light switches, door knobs, entry doors, metal partitions and corridor walls. v. Clean out outside ashtrays at entrance. vi. 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. vii. 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. viii. Dust mop all resilient tile floor surfaces; damp mop as required; sweep all stairways. ix. Damp mop all wood floors, including gymnasium and activity room floors, Harding Recreation Hall, Heritage Hall and Visitors’ Bureau/Railroad Depot with a one- ounce-per-gallon solution of Super Shine-All (or equal product to be provided by City). x. Maintain separate dust mops for use only on gymnasium and activity room floors and treat with Hilyard Super Hi-Tone Dressing. (For these facilities City shall provide dust mops and handles, Super Shine-All dust mop treatment and rayon wet mop and handle.) rev.1/24/00 -21 - - xi. Spray buff and/or apply S.O.S. floor finish as required on Harding Community Center auditorium floor to eliminate slippery conditions xii. Thoroughly vacuum traffic areas of all carpets and rugs; spot clean. carpets, as needed. Note: City Facility Maintenance Personnel will schedule soil extraction on an annual basis xiii. Clean glass entrance doors, inside/outside; spot clean metal framing, as needed. xiv: Clean rest rooms and showers, including blockhouses: 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; . Fill all paper and soap dispensers; wipe clean all dispensers and trash receptacles (no refill supplies shall be stocked in vicinity of dispenser); . Damp mop floor using germicidal detergent; wet mop ceramic tile and terrazzo tile. l Completely sanitize restroom and shower floors and walls at all facilities. b. Weekly Maintenance Work Items: i. Those items listed under daily maintenance. ii. Vacuum all carpeted areas completely. iii. Vacuum all upholstered furniture; spot clean as needed. iv. Damp mop all resilient tile and wood floors, including stairs, spray buff all resilient tile areas. -22 - rev.1/24/00 v. Clean all inside glass partitions. vi. Clean and polish all metal entrance doors and jambs. vii. 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. viii.Pour one gallon water containing two ounces of germicidal detergent down all floor drains including kitchen floor drains and scrub and clean the custodian’s deep sink. c. Monthly Maintenance Work Items: i. Those work items listed under daily and weekly maintenance. ii. Scrub all resilient tile floors and stairs; apply new floor finish, as needed and polish floors. iii. Machine scrub all hard tile (ceramic, quarry, etc.) floors. iv. Dust all ceiling fans. v. Dust all partition tops, door tops, ceiling vents and light fixtures. vi. Dust exposed pipes and overhead exposed mechanical equipment. vii. Ciean Visitors’ Bureau/Railroad Depot windows, inside and outside. d. Quarterly Monthly Work Items: (To be performed during the first month of 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. v. Vacuum all upholstered furniture. e. Semi-Annual Maintenance Work Items: (To be performed during the first and seventh month of the calendar year.) -23 - rev. l/24/00 - 1 ,’ f. i. ii. . . . III. iv. V. vi. vii Those work items listed under daily, weekly, monthly and quarterly maintenance. Shampoo all carpeted traffic areas using methods approved by Public Works Manager/General Services. Strip, re-seal all hard tile (ceramic, quarry, etc.) floors. Clean (wash) all window blinds. Clean all baseboards. Clean all exterior window screens. Strip and refinish all resilient tile floor surfaces. Upon completion of this task, floor shall be free of all scuff marks, dirt, dust, soil, spots, stains, deposits and film (dirt, oil, grease, etc.). Annual Maintenance Work Items: (To be performed during the first two months of each calendar year.) i. Those work items listed under daily, weekly,. monthly, quarterly and semi-annual maintenance. il. Vacuum, spot clean, and shampoo all carpets using a soil extraction method approved by the Public Works Manager/General Services. 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. -24 - rev.1124100 - EXHIBIT C Read Agreement carefully. It is part of bid. Provide a listing of clients and statement of financial responsibility as set forth in Exhibits D & E of this Agreement. Addendum (a) No(s) included in this proposal. / has/have been received and is/are Price is firm /80 days. (Minimum 90 days) Guarantee of good faith required: $ None (Failure to submit guarantee of good faith shall void the bid.) -25 - rev. 1 I24100 - EXHIBIT 0 CLIENT LISTING The bidder is required to state what work of a similar character to that included in the proposed Agreement the bidder has successfully performed and give references, with telephone numbers, which shall enable City to judge the bidder’s responsibility, experience and skill. An attachment can be used if notarized or sealed. Date of Work Name/Address of Client Name and Phone Number of Person to Contact (Notarize or Corporate Seal) -26 - rev. l/24/00 EXHIBIT E STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a notarized or sealed statement of his/her most current year’s financial responsibility or financial statement. (Notarize or Corporate Seal) &.GO ignature rev. l/24/00 -27 -