HomeMy WebLinkAbout2004-07-13; City Council; 17707; Custodial Maintenance ServiceslB# 17,707
JITG. 7/13/04
IEPT. PW/GS
CITY OF CARLSBAD -AGENDA BILL I - TITLE:
AWARD OF AGREEMENT
FOR CUSTODIAL MAINTENANCE SERVICES I CITY MGR
RECOMMENDED ACTION:
Adopt Resolution No. 2004-232 accepting the bid proposal, and authorizing the execution
of an agreement for custodial maintenance services to The Business Cleaning Company.
ITEM EXPLANATION:
The City of Carlsbad Public Works Major Service Area (MSA) is responsible for cleaning City
buildings and park restrooms. Cleaning responsibilities include, but not limited to dusting,
vacuuming, emptying trash containers, mopping floors, and sanitizing restrooms. The City
uses in-house custodians to clean high usage office buildings such as Cole and Dove
Libraries, the Safety Service Center, the Faraday Building, and City Hall. A contractor is
used to clean the remaining city buildings such as the Arts Office, Calavera Community
Center, Parks Administration, Heritage Hall, etc. Previously, City staff would clean all but
two parks restrooms (Holiday and Magee); however, this bid includes the contractor
maintaining all of the park restrooms so that City staff can spend more time maintaining the
parks grounds, landscape and amenities.
In accordance with Section 3.28.050 of the Municipal Code, Notice to Bidders was published
and Request for Bid packages were mailed to 56 contractors. Bids were received from the
following five contractors (shown with the bid price for annual service):
The Business Cleaning Co.
D.H. Maintenance
Coastal Building Services
Jani King
Blue Moon Management
$1 66,800.00
$185,040.00
$1 90,248.00
$240,359.00
$261.900.00
In accordance with the Municipal Code, a best value evaluation was completed. Three raters
from Public Works staff completed a best value evaluation. Each contractor's bid was
evaluated against the following criteria:
Cost of service
Ability to provide services
References/previous performance
Quality of service
Responsiveness to specifications
Unspecified value added offerings
Demonstrate safety procedures for handling chemicals
The Business Cleaning Company was evaluated the highest due to its submitted cost for
service, experience in custodial maintenance, responsiveness to the specifications, good
comments from other agencies, and unspecified value added offerings (self contain high
pressure washing services, professional window cleaning and landscaping services and
maintenance). In fact, The Business Cleaning Company has been voted one of the "Best"
custodial services company in San Diego by Best of, Inc.
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PAGE 2 OF AGENDA BILL NO. 17,707
Based on the results of the best value evaluation by the Public Works - General Services
staff, the Public Works MSA recommends the City Council’s acceptance of the bid from,
and award of a contract to, The Business Cleaning Company.
FISCAL IMPACT:
The annual maintenance contract is for $166,800, which will be funded from the 2004-05
General Fund operating budget (Facilities Maintenance).
EXHIBITS:
1. City of Carlsbad Resolution No. 2004-232 accepting the bid proposal, and
authorizing the execution of an agreement for custodial maintenance services to The
Business Cleaning Company.
Agreement for custodial maintenance services. 2.
DEPARTMENT CONTACT: Scott Carroll, (760) 434-2992, scarr@ci.carlsbad.ca.us
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EXHIBIT 1
RESOLUTION NO. 2004-232
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING A BID AND AWARDING AN
AGREEMENT FOR CUSTODIAL MAINTENANCE SERVICES
WHEREAS, the City of Carlsbad requires the services of custodial maintenance; and
WHEREAS, proper bidding procedures have resulted in the City’s receipt of a bid from a
qualified contractor, The Business Cleaning Company, California State Contractors License
803267; and
WHEREAS, a best value evaluation consistent with Carlsbad Municipal Code Section
3.28.050 has resulted in staffs recommendation that the City Council award a professional
custodial maintenance contract to The Business Cleaning Company; and
WHEREAS, sufficient funds are available in the 2004-05 General Fund operating budget
to cover the cost of an annual custodial maintenance agreement.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad as
follows:
1. That the above recitations are true and correct.
2. The bid of The Business Cleaning Company, 8910 Activity Road, Suite A, San
Diego, California 92126, is the best value.
3. The bid of The Business Cleaning Company is hereby accepted.
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4. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute
an agreement with The Business Cleaning Company, a copy of which is attached,
for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad City
Council held on the 13th day of July ,2004, by the following vote, to wit:
AYES: Council Members Lewis, Kulchi
NOES: None
ABSENT: Council Member Finnila
ATTEST:
-2-
(SEAL) ’
Exhibit 2
AGREEMENT FOR CUSTODIAL MAINTENANCE SERVICES
(The Business Cleaning Company)
THIS AGREEMENT is made and entered into as of the 15th day of
July , 2004, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and THE BUSINESS CLEANING COMPANY, a California Corporation,
("Contractor").
RECITALS
A.
B.
C.
D.
City requires the professional services of a custodial maintenance contractor that
Contractor has the necessary experience in providing professional services and
Selection of Contractor is expected to achieve the desired results in an expedited
Contractor has submitted a proposal to City and has affirmed its willingness and
is experienced in cleaning office buildings and park restrooms.
advice related to custodial maintenance services.
fashion.
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and
skill customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment
while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one year from the date first ab&
written. The City Manager may amend the Agreement to extend it for three (3) additional one
year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's
performance, City needs, and appropriation of funds by the City Council. The parties will prepare
a written amendment indicating the effective date and length of the extended Agreement.
4.
Time is of the essence for each and every provision of this Agreement.
TIME IS OF THE ESSENCE
J
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
one hundred sixty six thousand eight hundred dollars ($1 66,800.00). No other compensation for
the Services will be allowed except for items covered by subsequent amendments to this
Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has
accepted the work andor Services specified in Exhibit "A".
If an increase in compensation for service in succeeding option years is requested, the Contractor
must provide detailed supporting documentation to justify the requested rate increase. The
requested increase will be evaluated by the City, and the City reserves the right to accept or reject
the Contractor's requested compensation increase. This Agreement's annual compensation terms
may be adjusted by a mutually agreeable amount based on and no greater than the San Diego
Consumer Price Index changes over the previous year. Requests for price changes must be made
by the Contractor in writing sixty (60) days before the end of the then-current agreement year and
is subject to negotiation or rejection by the City.
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within
thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which City may be required to make
on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done
under this Agreement. At the City's election, City may deduct the indemnification amount from
any balance owing to Contractor.
I. CONTRACTOR'S WORKFORCE
The Contractor proposes to perform the described services utilizing a fully competent and
adequate workforce as indicated in Exhibit B, which is attached hereto and incorporated herein as
though fully set forth at length.
8. SUBCONTRACTING
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
City Attorney Approved Version #04.01.02
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relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a
subcontractor by the terms of this Agreement applicable to Contractor’s work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
The name and place of business of each subcontractor who will perform work or labor or render
service to the Contractor in performing this Agreement are contained in Exhibit C, which is
attached hereto and incorporated herein as though fully set forth at length.
9. CONTRACTOR’S EQUIPMENT
The Contractor proposes to utilize quality equipment of Wes and quantities necessary to perform
the described work in an efficient and effective manner. Major items of said equipment are
indicated in Exhibit D, which is attached hereto and incorporated herein as though fully set forth at
length.
The Contractor shall maintain all equipment in a clean, safe and fully operational condition. The
Contractor shall replace all unserviceable or unsafe equipment in a timely manner so that the
described work is not delayed or otherwise negatively effected.
10.
The Contractor proposes to perform the described work by utilizing all the necessary materials and
supplies including, but not limited to, items indicated in Exhibit E, which is attached hereto and
incorporated herein as though fully set forth at length.
All materials and supplies shall be of sufficient quality, and to be in all respects serviceable, to the
satisfaction of the Contract Administrator. All materials and supplies shall be delivered in their
original labeled containers, and shall be made available to the Contract Administrator for inspection
and approval prior to use.
11. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services
12. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and
volunteers from and against all claims, damages, losses and expenses including attorneys fees
arising out of the performance of the work described herein caused in whole or in part by any
willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes
to or on behalf of an injured employee under the City’s self-administered workers’ compensation is
included as a loss, expense or cost for the purposes of this section, and that this section will survive
the expiration or early termination of this Agreement.
CONTRACTOR’S ESTIMATE OF MATERIALS & SUPPLIES
3 City Attorney Approved Version #04.01.02
13. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:V".
13.1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless City
Attorney or City Manager approves a lower amount. These minimum amounts of coverage will
not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
13.1.1 Commercial General Liability Insurance. $1,000,000 combined single-
limit per occurrence for bodily injury, personal injury and properly damage. If the submitted
policies contain aggregate limits, general aggregate limits will apply separately to the work under
this Agreement or the general aggregate will be twice the required per occurrence limit.
13.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and
property damage.
13.1.3 Workers' Compensation and Emuloyer's Liability. Workers' Compensation
limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per
accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be
required if Contractor has no employees and provides, to City's satisfaction, a declaration stating
this.
13.2.
under this Agreement contain, or are endorsed to contain, the following provisions:
Additional Provisions. Contractor will ensure that the policies of insurance required
13.2.1
13.2.2
claims-made coverage.
13.2.3
The City will be named as an additional insured on General Liability.
Contractor will obtain occurrence coverage, which will be written as
This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to City sent
by certified mail pursuant to the Notice provisions of this Agreement.
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13.3
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
13.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
13.5
and certified copies of any or all required insurance policies and endorsements.
14. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
15. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
16. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor’s records.
Providing Certificates of Insurance and Endorsements. Prior to City’s execution of this
Submission of Insurance Policies. City reserves the right to require, at anytime, complete
17. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
18. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
5 City Attorney Approved Version #04.01.02
L’?
For City: For Contractor:
Name Greg Clavier Name Mime1 Boggiano
Title Facilities Superintendent Title President
Department PW/Gen Svc./Facilities Div. Address 8910 Activitv Road. Suite A
City of Carlsbad
Address 405 Oak Avenue Phone No. (858) 689-8966
San Diego. CA 92126
Carlsbad, CA 92008
Phone No. (760) 434-2991
Name Jerry Rodriguez
Title Public Works Supervisor
Department PW/Gen Svc./Parks Division
City of Carlsbad
Address 1166 Carlsbad Village Drive
Carlsbad. CA 92008
Phone No. (760) 434-2857
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
19. CONFLJCT OF INTEREST
City will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure
under the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any
of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is
required, Contractor or Contractor’s affected employees, agents, or subcontractors will complete
and file with the City Clerk those schedules specified by City and contained in the Statement of
Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor’s agents, employees, subcontractors and
consultants warrants that by execution of this Agreement, that they have no interest, present or
contemplated, in the projects affected by this Agreement. Contractor further warrants that neither
Contractor, nor Contractor’s agents, employees, subcontractors and consultants have any ancillary
real property, business interests or income that will be affected by this Agreement or, alternatively,
that Contractor will file with the City an affidavit disclosing this interest.
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20. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way affect the
performance of the Services by Contractor. Contractor will at all times observe and comply with
these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's
services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifymg the eligibility
for employment of all agents, employees, subcontractors and consultants that the services
required by this Agreement.
21. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
22. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both
parties involved along with recommended methods of resolution, which would be of benefit to
both parties. The representative receiving the letter will reply to the letter along with a
recommended method of resolution within ten (10) business days. If the resolution thus obtained
is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the
City Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of the City
Manager will be binding upon the parties involved, although nothing in this procedure will
prohibit the parties from seeking remedies available to them at law.
23. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifymg Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services
contemplated by this Agreement, City may terminate this Agreement upon written notice to
Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any
documents owned by City and all work in progress to City address contained in this Agreement.
City will make a determination of fact based upon the work product delivered to City and of the
percentage of work that Contractor has performed which is usable and of worth to City in having
the Agreement completed. Based upon that finding City will determine the final payment of the
Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product
and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for
work performed to the termination date; however, the total will not exceed the lump sum fee
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payable under this Agreement. City will make the final determination as to the portions of tasks
completed and the compensation to be made.
24. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or
violation of this warranty, City will have the right to annul this Agreement without liability, or, in
its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full
amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
25. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 etseq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney’s fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement
for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for City to terminate this Agreement.
26. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing
for a change of venue in these proceedings to any other county.
27. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor any
monies due or to become due under it may be assigned by Contractor without the prior consent of
City, which shall not be unreasonably withheld.
28. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a writing signed by both parties.
a City Attorney Approved Version #04.01.02
29. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority to
bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Coworation, Agreement must be signed by one corporate officer from each of
the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B. gPowarJkdW1
Secretary, - Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation
undm corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
attach a resolution certified by the secretary or assistant secretary
RONALD R. BALL, City Attorney
32 City Attorney Approved Version #04.01.,02
SAN DlEGO State of California I ss
County of J
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to be the person($ whose name@) fire
subscribed to the within instrument and
acknowledged to me that hehidthey executed
the same in bidbultheir authorized
capacity(ies), and that by bkLk/their
signature@) on the instrument the person(s), or
the entity upon behalf of which the person@)
acted, executed the instrument.
WITNESS my hand and offiCral seal.
OPTIONAL
Though the information below is nor required by law, it may prove valuabis m persons dying on the documenr and could prevent
fraudulent removal and reanachmenr of this form to anorher document.
Description of Attached Document
Title or Type of Document: &P VI' C C -fv.q L f fofl c;?) o f cw/s& '4
Document Date: Ti ul e / 71 2 0 0 '/ Number of Pages: 2
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer
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Signer Is Representing:
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EXHIBIT A
MANNER OF PERFORMING SERVICES
PART I
GENERAL SPECIFICATIONS
1.00 GENERAL. REOUIREMENTS
1.01
1.02
1.03
1.04
1.06
1.07
1.08
The premises shall be maintained with a crisp, clean appearance and all work shall be
performed in a professional, workmanlike manner using quality equipment and
materials.
CONTRACTOR shall provide at its expense all labor, materials, equipment, tools,
services and special skills necessary for the provision of custodial maintenance
services, except as otherwise specified hereinafter. The premises shall be maintained
to the highest of standards at no less than the frequencies set forth herein.
CONTRACTOR is hereby required to render and provide custodial maintenance
services including, but not limited to; dusting, wiping, polishing, mopping, buffing,
vacuuming, sweeping, and cleaning offices, hallways, meeting rooms, building
restrooms and well as park restrooms and all other maintenance required to maintain
the areas included in this CONTRACT in a safe, attractive and usable condition.
Upon commencement of work under this CONTRACT, CONTRACTOR shall be
fully equipped and staffed; thoroughly familiar with CONTRACT requirements and
prepared to provide all services required. Failure to provide full services from the first
day of work under this CONTRACT may result in deductions from payment.
CONTRACTOR shall, during the term of this CONTRACT, respond to all callbacks
to the satisfaction of the CONTRACT ADMINISTRATOR, within three (3) hours of
notification.
CONTRACTOR shall report to the CONTRACT ADMINISTRATOR all
observations of: graffiti and other vandalism; illegal activities; transients; missing or
damaged equipment or signs; hazards or potential hazards. The CITY will remove
andor repair reported graffiti, vandalism, damaged equipment, signs or hazards.
The following is an excerpt from Senate Bill 20, Displaced Janitor Opportunity Act.
The full text of the bill is attached hereto as Appendix C.
“The successful CONTRACTOR OR SUBCONTRACTOR shall retain, for a 60-
day transition employment period, employees who have been employed by the
terminated CONTRACTOR or its SUBCONTRACTORS, if any, for the
preceding four months or longer at the site or sites covered by the successful
service contract unless the successor CONTRACTOR or successor
SUBCONTRACTOR has reasonable and substantiated cause not to hire a
particular employee based on that employee’s performance or conduct while
working under the terminated contract.”
By signing andor authorizing this bid submittal, the CONTRACTOR acknowledges
that they have read and understood the meaning, intent and requirements of said Act;
and acknowledges said Act is included as part of this hid, and the CONTRACTOR
will be required to abide by the terms of said Act.
2.00 FACILITIES TO BE MAINTAINED
2.01 The facilities to be maintained under the provisions of this CONTRACT are located
at the following areas:
Buildinns
Arts Office
Adult Learning Center
Calavera Community Center
Centro de Informacih
Granary
Harding Community Center
Hiring Center
Heritage Hall
Holiday House
Housing & Redevelopment
Kruger House
Magee House
Parks Administration
Parks ModulariBreak Room
Streets &Facilities Admin
Railroad Depot
Scout House
Stagecoach Community Center
Stay & Play
Park Restrooms
Beach Bluff Calavera Park Blockhouse
Chase Field
Holiday Park (2)
La Costa Canyon Park
Laguna Riviera Park
Leo Carrillo Ranch
Magee Park
Poinsettia Park (2)
Stagecoach Park (2)
2955 Elmwood Ave
1237 Carlsbad Village Dr
2997 Glasgow Drive
3330 Harding Street
2659 Garfield Street
3096 Harding Street
5958 El Camino Real
2650 Garfield Street
3235 Eureka Place
2965 Roosevelt Street #B
3215 Eureka Place
258 Beech Avenue
1166 Carlshad Village Drive
1166 Carlshad Village Drive
405 Oak Avenue
400 Carlsbad Village Drive
3225 Eureka Place
3420 Camino de 10s Coches
3330 Harding Street
Carlsbad Blvd & Oak Ave
2997 Glasgow Drive
3349 Harding Street
3235 Eureka Place
La Costa Ave at Pueblo & Rana Ct
Kelly and Park Drive
6200 Flying LC Lane
258 Beech Avenue
6600 Hidden Valley Road
3420 Camino de 10s Coches
2.02 CONTRACTOR acknowledges personal inspection of the sites and the surrounding
areas and has evaluated the extent to which the physical condition thereof will affect
the services to be provided. CONTRACTOR accepts the premises in their present
physical condition, and agrees to make no demands upon CITY for any improvements
or alterations thereof.
3.00 PAYMENT AND INVOICES
3.01 The CONTRACTOR shall present monthly invoices, for all work performed during
the preceding month. Said invoice shall include all required certifications and reports
as specified hereinafter. The invoice shall be submitted on or before the fifth (5th)
day of each month in the amount of the compensation to be paid by the CITY for all
services rendered by the CONTRACTOR under the terms and conditions of this
CONTRACT. Said payment shall be made within thirty (30) days upon receiving the
invoices, providing that all work performed during the preceding month has been
inspected and accepted by the CONTRACT ADMINISTRATOR and that applicable
certifications have been submitted in accordance with the provisions of this
CONTRACT.
3.02
Invoice 1:
Monthly invoices shall be prepared and submitted in the following format:
Location Account Number Monthly Cost
ARTS OFFICE 001 5060-7550 $ 375.00
ADULT LEARNING CENTER $ 400.00
CALAVERA COMMUNITY CENTER $1,900.00
CENTRO DE INFORMACION $ 200.00
GRANARY $ 100.00
HARDING COMMUNITY CENTER $1,350.00
HIRING CENTER $ 150.00
HERITAGE H&L $ 400.00
HOLIDAY HOUSE $ 200.00
HOUSING & REDEVELOPMENT $ 500.00
KRUGER HOUSE $ 375.00
MAGEE HOUSE $ 300.00
PARKS ADMINISTRATION $ 350.00
PARKS MODULAR/BREAK ROOM $ 350.00
STREETS & FACILITIES ADMIN $ 700.00
RAILROAD DEPOT $ 500.00
SCOUT HOUSE $ 300.00
STAY & PLAY $ 350.00
STAGECOACH COMMUNITY CENTER $2,000.00
TOTAL MONTHLY COST $10,800.00
Invoice 2:
Location Account Number Monthlv Cost
BEACH BLUFF 0015020-7550 $250.00
CALAVERA PARK BLOCKHOUSE
CHASE FIELD
HOLIDAY PARK
LA COSTA CANYON PARK
LAGUNA WIERA PARK
LEO CARRILL RANCH
MAGEE PARK
POINSETTIA PARK
STAGECOACH PARK
$250.00
$250.00
$500.00
$300.00
$300.00
$300.00
$400.00
$300.00
$250.00
TOTAL MONTHLY COST $3,100.00
3.03 Invoices for approved Extra Work shall be in a format acceptable to the CONTRACT
ADMINISTRATOR, including attachments, such as copies of suppliers’ invoices,
which the CONTRACT ADMINISTRATOR may require to verify CONTRACTOR’S
billing. Invoices for Extra Work shall be submitted on separate invoices. Unless
otherwise requested by the CONTRACT ADMINISTRATOR, one invoice shall be
submitted for each discrete and complete item of Extra Work.
Adjustments in payment for changes will be determined by agreement between the
CONTRACT ADMINISTRATOR and CONTRACTOR. If unable to reach
agreement, CONTRACT ADMNISTRATOR may direct CONTRACTOR to proceed
by allowing hider to use the following percentages as added costs for the markup of
all overhead and profits:
3.04
a. Labor. ................................. 20
b. Materials .............................. .15
3.05 In the event the CITY transfers title or maintenance responsibility of the premises or a
portion thereof, this CONTRACT shall continue in full force and effect, except said
portion, at the discretion of the CONTRACT ADMINISTRATOR, may be deleted
from the premises to be maintained and the CONTRACT sum shall be reduced
accordingly.
The CONTRACT ADMINISTRATOR may, at his discretion, add new facilities to be
maintained andor require additional services. The CONTRACTOR shall be
compensated for the additional facilities or services that are designated after the date
of the commencement of this CONTRACT based on the submission of an approved
maintenance bid, consistent in all respects with this CONTRACT, and shall contain
all information as required in the REQUEST FOR BIDS. The bid cost shall not
exceed the cost to provide maintenance for similar facilities being maintained under
this CONTRACT.
3.06
3.07 Additional compensation may be authorized at the discretion of the CONTRACT
ADMINISTRATOR, subject to CITY budgetary conditions, for work deemed
necessary by the CONTRACT ADMINISTRATOR due to extraordinary incidents or
circumstances.
ENFORCEMENT, DEDUCTIONS AND LIOUIDATED DAMAGES 4.00
4.01
4.02
4.03
4.04
The CONTRACT ADMINISTRATOR shall be responsible for the enforcement of
this CONTRACT on behalf of CITY.
The CONTRACT ADMINISTRATOR shall prepare and implement an INSPECTION
RATING SYSTEM to be used to verify monthly payments and deductions from
payments (see sample rating system as Appendix A). This form and system may be
modified at the discretion of the CONTRACT ADMINISTRATOR. The
CONTRACTOR agrees to be so evaluated by said system and bound by the ratings
andor deductions from payments indicated in the monthly INSPECTION RATING
SYSTEM report, To avoid deductions from payment, CONTRACTOR must receive
a rating of 95 or higher per facility as described in Section 2.01.
If, in the judgment of the CONTRACT ADMINISTRATOR, CONTRACTOR is
deemed to be non-compliant with the terms and obligations of the CONTRACT, the
CONTRACT ADMINISTRATOR, may, in addition to other remedies provided
herein, withhold the entire monthly payment, deduct pro-rata from CONTRACTOR’S
invoice for work not performed, and/or deduct liquidated damages. Notification of
the amount to be withheld or deducted from payments to CONTRACTOR will be
forwarded to the CONTRACTOR by the CONTRACT ADMINISTRATOR in a
written notice describing the reasons for said action. The monthly INSPECTION
RATING SYSTEM report shall constitute reason for any deductions so imposed.
The action above shall not be construed as a penalty but as adjustment of payment to
CONTRACTOR to recover cost or loss due to the failure of the CONTRACTOR to
complete or comply with the provisions of this CONTRACT.
5.00 INSPECTIONS, MEETINGS, & REPORTS
5.01 CITY reserves the right to perform inspections, including inspection of
CONTRACTOR’S equipment, at any time for the purpose of verifymg
CONTRACTOR’S performance of CONTRACT requirements and identifymg
deficiencies.
5.02 The CONTRACTOR or his authorized representative shall meet with the
CONTRACT ADMINISTRATOR or his representative on each site at the discretion
and convenience of the CONTRACT ADMINISTRATOR, for walk-through
5.03
5.04
inspections.
meeting.
At the request of the CONTRACT ADMINISTRATOR, the CONTRACTOR, or his
appropriate representative, shall attend meetings and/or training sessions, as
determined by the CONTRACT ADMINISTRATOR, for purposes of orientation,
information sharing, CONTRACT revision, description of CITY policies, procedures,
standards, and the like.
CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR such written
documentation and/or regular reports as the CONTRACT ADMINISTRATOR deems
necessary to verify and review CONTRACTOR'S performance under this
CONTRACT and to provide to the CONTRACT ADMINISTRATOR pertinent
information relative to the maintenance, operation, and safety of the sites.
All routine maintenance functions shall be completed prior to this
6.00 EXTRAWORK
6.01
6.02
6.03
6.04
6.05
6.06
The CITY may award Extra Work to the CONTRACTOR, or to other forces, at the
discretion of the CONTRACT ADMINISTRATOR.
If the CONTRACT ADMINISTRATOR determines that the Extra Work can be
performed by CONTRACTOR'S present work force, CONTRACT
ADMINISTRATOR may authorize modification of the CONTRACTOR'S Routine
Operations Schedule or Annual Calendar in order to compensate CONTRACTOR for
performing said work.
Prior to performing any Extra Work, the CONTRACTOR shall prepare and submit a
written bid including a description of the work, an estimate of labor and materials,
and a schedule for completion. No work shall commence without written approval of
the CONTRACTOR'S bid by the CONTRACT ADMINISTRATOR
In the event that CONTRACTOR'S BID for Extra Work is not approved, the
CONTRACT ADMINISTRATOR reserves the right to perform such work with other
forces
When a condition exists which the CONTRACT ADMINISTRATOR deems urgent,
the CONTRACT ADMINISTRATOR may verbally authorize the work to be
performed upon receiving a verbal estimate from the CONTRACTOR. However,
within twenty-four (24) hours after receiving a verbal authorization, the
CONTRACTOR shall submit a written estimate, consistent with the verbal
authorization, to the CONTRACT ADMINISTRATOR for approval.
All Extra Work shall commence on the specified date established and
CONTRACTOR shall proceed diligently to complete said work within the time
allotted.
7.00 CONTRACTOR'S DAMAGES
7.01 All damages incurred to existing facilities by the CONTRACTOR'S operation shall be
repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of
the CONTRACT ADMINISTRATOR, all at the CONTRACTOR'S expense.
8.00 COMMUNICATIONS AND EMERGENCY RESPONSE
8.01
8.02
8.03
8.04
8.05
Report any emergency of a safety, security or health problem to the City Police
Dispatcher (93 1-2197) 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 shall be expeditiously submitted in writing
to the CONTRACT ADMINISTRATOR on the next work day.
The CONTRACTOR shall, during the term of this CONTRACT, maintain a
telephone number, toll free to a San Diego region area code. For hours beyond a
normal 8 AM to 5 PM business day, an answering service shall be considered an
acceptable substitute.
Whenever immediate action is required to prevent possible injury, death, or property
damage, CITY may, after reasonable attempt to notify the CONTRACTOR, cause
such action to be taken by alternate work forces and, as determined by the
CONTRACT ADMINISTRATOR, charge the cost thereof to the CONTRACTOR, or
deduct such cost from any amount due to the CONTRACTOR.
All complaints shall be abated as soon as possible after notification; but in all cases
within 24 hours, to the satisfaction of the CONTRACT ADMINISTRATOR. If any
complaint is not abated within 24 hours, the CONTRACT ADMINISTRATOR shall
be notified immediately of the reason for not abating the complaint followed by a
written report to the CONTRACT ADMINISTRATOR within five (5) working days.
If the complaints are not abated within the time specified or to the satisfaction of the
CONTRACT ADMINISTRATOR, the CONTRACT ADMINISTRATOR may
correct the specific complaint and the total cost incurred by the CITY will be
deducted and forfeit from payments owing to the CONTRACTOR from the CITY.
The CONTRACTOR shall maintain a written log of all communications, the date and
the time thereof and the action taken pursuant thereto or the reason for non-action.
Said log of complaints shall be open to the inspection of the CONTRACT
ADMINISTRATOR at all reasonable times.
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8.06 CONTRACTORS supervisor shall carry digital pagers with local San Diego region
area code. Supervisor shall respond to any page from the CITY within thirty minutes
at any time. The CITY shall not page CONTRACTOR'S supervisor except during
normal working hours.
9.00 SAFETY
9.01
9.02
9.03
CONTRACTOR agrees to perform all work outlined in this CONTRACT in such a
manner as to meet all accepted standards for safe practices during the maintenance
operation and to safely maintain stored equipment, machines, and materials or other
hazards consequential or related to the work; and agrees additionally to accept the
sole responsibility for complying with all CITY, County, State or Federal
requirements at all times so as to protect all persons, including CONTRACTOR'S
employees, agents of the CITY, vendors, members of the public or others from
foreseeable injury, or damage to their property. CONTRACTOR shall make weekly
inspections for any potential hazards at said sites and keep a log indicating date
inspected and action taken.
It shall be the CONTRACTOR'S responsibility to inspect, and identify, any
condition(s) that renders any portion of the premises unsafe, as well as any unsafe
practices occumng thereon. The CONTRACT ADMLNISTRATOR shall be notified
immediately of any unsafe condition that requires major correction. CONTRACTOR
shall be responsible for making minor corrections including, but not limited to;
mopping up wet floors; traffic cones to alert patrons of the existence of hazards; and
the like, so as to protect members of the public or others from injury.
CONTRACTOR shall notify the CONTRACT ADMINISTRATOR immediately of
any occurrence on the premises of accident, injury, or persons requiring emergency
services and, if so requested, shall prepare a written report thereof to the CONTRACT
ADMINISTRATOR within three (3) calendar days following the occurrence.
CONTRACTOR shall cooperate fully with the CITY in the investigation of any such
occurrence.
10.00 HOURS AND DAYS OF MAINTENANCE SERVICES
10.01 The basic daily hours of maintenance service for Park restrooms shall be 1O:OO p.m.
to 7:OO am., which shall be considered normal work hours as may pertain to any other
provision of the CONTRACT.
10.02 The CONTRACTOR shall be responsible for unlocking the Park restrooms.
10.03 The basic daily hour of maintenance service for buildings shall be 6:OO p.m. to 11:OO
p.m., which shall be considered normal work hours as may pertain to any other
provision of the CONTRACT.
10.04 CONTRACTOR shall be responsible for locking and securing the buildings,
including alarm systems, when leaving
10.05 The CONTRACTOR shall not duplicate keys to buildings and park restrooms;
additional keys, as needed, shall be provided by the CONTRACT
ADMINISTRATOR.
10.06 All lights are to be turned off when leaving unoccupied buildings
10.07 CONTRACTOR shall provide stafing to perform the required maintenance services
during the prescribed hours five (5) to seven (7) days per week. Any changes in the
days and hours of operation heretofore prescribed shall be subject to approval by the
CONTRACT ADMINISTRATOR.
10.08 CONTRACTOR employees shall not use City phones, computers, copiers, fax
machines, or other such equipment
10.09 Per State of California Labor Code, CONTRACTOR is directed to the following
prescribed requirement with respect to the hours of employment. Eight (8) hours of
labor under this CONTRACT shall constitute a legal day's work and said
CONTRACTOR shall not require or permit any laborer, worker or mechanic, or any
subcontractor employed by him to perform any of the work described herein to labor
more than eight (8) hours during any one day or more than forty (40) hours during any
one calendar week, except as authorized by State of California Labor Code Section
1815.
11.00 MAINTENANCE SCHEDULES
11.01 The CONTRACTOR shall, within thirty (30) days after the award of bid of this
CONTRACT, submit work schedules to the CONTRACT ADMINISTRATOR for
review and approval. Said work schedules shall identify required operations and
delineate the time frames for performance. A Routine Operations Schedule shall
include all tasks required at least monthly. Sample Routine Operations Schedule
format is included in Appendix B.
11.02 The CONTRACTOR shall submit revised schedules when actual performance differs
substantially from planned performance, and from time to time as requested by the
CONTRACT ADMINISTRATOR. Said revisions shall be submitted to the
CONTRACT ADMINISTRATOR for his review and approval, within five (5)
working days prior to the original or revised scheduled time for the work, whichever
is earlier.
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12.00 CONTRACTOR'S STAFF AND TRAINING
12.01 The CONTRACTOR shall provide sufficient personnel to perform all work in
accordance with the specification set forth herein.
12.02 In cooperation with the Carlsbad Police Department, CONTRACTOR agrees to, and
pay for, background checks if required on all personnel providing custodial services
for this contract. In the event such background check reveals an item, which Carlsbad
Police deems a security problem, City may request that such individual be removed
ffom the list of personnel authorized to provide custodial services in City facilities.
12.03 CONTRACTOR'S personnel shall possess the minimum qualifications for the
position in which each is working, as set forth in Exhibit B.
12.04 CONTRACTOR is encouraged to provide on-going systematic skills training, and to
promote participation in, and certification by professional associations.
12.05 CONTRACTOR shall have an "on-site" representative with authority to contractually
bind CONTRACTOR in matters, which may arise during this Agreement
performance period. CONTRACTOR shall provide, prior to commencement of work
under this Agreement, in writing to the CONTRACT ADMINISTRATOR, a
statement indicating by name the specific authority vested in the "on-site''
representative. CONTRACTOR'S "on-site'' representative shall be responsible for
instructing and training of CONTRACTORs 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:OO a.m. to
5:OO p.m., Monday through Friday).
12.06 Each crew of CONTRACTORs employees shall include at least one individual who
speaks the English language proficiently. For the purposes of this section a crew is
understood to be any individual worker or group of workers who might service any
site without other CONTRACTORs supervisory personnel present.
12.07 The CONTRACT ADMINISTRATOR may at any time give CONTRACTOR written
notice to the effect that the conduct or action of a designated employee of
CONTRACTOR is, in the reasonable belief of the CONTRACT ADMINISTRATOR,
detrimental to the interest of the public patronizing the premises. CONTRACTOR
shall meet with representatives of the CONTRACT ADMINISTRATOR to consider
the appropriate course of action with respect to such matter and CONTRACTOR shall
take reasonable measures under the circumstances to assure the CONTRACT
19
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ADMINISTRATOR that the conduct and activities of CONTRACTOR'S employees
will not be detrimental to the interest of the public patronizing the premises.
12.08 The CONTRACT ADMINISTRATOR may at any time order any of the
CONTRACTORS personnel removed from the premises when, in the reasonable
belief of the CONTRACT ADMINISTRATOR, said CONTRACTOR'S personnel is
objectionable, unruly, unsafe, or otherwise detrimental to the interest of the CITY or
the public patronizing the premises
12.09 The CONTRACTOR shall require each of his personnel to adhere to basic public
works standards of working attire including uniform shirts and/or vests clearly
marked with the CONTRACTOR'S company name and employee name badges as
approved by the CONTRACT ADMINISTRATOR. Sufficient changes shall be
provided to present a neat and clean appearance of the CONTRACTOR'S personnel at
all times. Shirts shall be worn and buttoned at all times. CONTRACTOR'S
personnel shall be equipped with proper shoes and other gear required by State Safety
Regulations. Brightly colored traffic vests or reflectors shall be worn when personnel
are working near vehicular traffic.
13.00 NON-INTERFERENCE - NOISE
13.01 CONTRACTOR shall not interfere with the public use of the premises and shall
conduct its operations as to offer the least possible obstruction and inconvenience to
the public or disruption to the peace and quiet of the area within which the services
are performed.
13.02 In the event that the CONTRACTOR'S operations must be performed when persons
of the public are present, CONTRACTOR shall courteously inform said persons of
any operations that might affect them and, if appropriate, request persons to move out
of the work area.
13.03 CONTRACTOR shall be subject to local ordinances regarding noise levels with
regard to equipment operations. CONTRACTOR shall not use any power equipment
prior to 7:OO a.m. or later than 7:OO p.m. Further, any schedule of such operations
may be modified by CONTRACT ADMINISTRATOR in order to insure that the
public is not unduly impacted by the noise created by such equipment.
14.00 USE OF CHEMICALS
14.01 All work involving the use of chemicals shall be in compliance with all Federal, State
and local laws. CONTRACTOR must demonstrate safety procedures for use of
chemicals.
14.02 Records of all operations, including applicators names stating dates, times, methods
of application, chemical formulations, and weather conditions shall be made and
retained according to governing regulations.
14.03 Material Safety Data Sheets (MSDS) and sample labels shall be provided to the
CONTRACT ADMINISTRATOR for all products and chemicals used within the
City, and shall be on site during any application, mixing or transporting of these
products and chemicals.
14.04 No chemicals or cleaning agents shall be stored at any facility without the express
written permission of the CONTRACT ADMINISTRATOR, but shall be carried to
and from the job site daily.
14.05 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 the CONTRACT
ADMINISTRATOR.
PART I1
TECHNICAL SPECIFICATIONS
The CONTRACTOR will perform the following custodial maintenance services at the
buildings described in Section 2.0.
15.00 DAILY ACTIVITIES
A. 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.
B. Hand dust and/or damp wipe without streaking all flat surfaces, including but not
limited to, counters, receptionist counterddesks 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.
C. Hand dust and/or damp wipe all ledges and flat surfaces below 72" from the
floor.
D. 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. E.
F. 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.
G. Dry wipe all chalkboards when chalkboards contain no writingdrawings; vacuum
chalk dust from chalk trays and erasers; clean marker boards with appropriate
cleaning solutions, as needed, when board contains no writing/drawings.
H. Dust mop all resilient tile floor surfaces; damp mop as required; sweep all
stairways.
Damp mop all wood floors, including gymnasium and activity room floors,
Harding Recreation Hall, Heritage Hall and Visitors’ BureadRailroad Depot with
a one-ounce-per-gallon solution of Super Shine-All (or equal product to be
provided by City).
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.)
K. Spray buff and/or apply S.O.S. floor finish as required on Harding Community
Center auditorium floor to eliminate slippery conditions
L. Thoroughly vacuum trafic areas of all carpets and rugs; spot clean. carpets, as
needed. Note: City Facility Maintenance Personnel will schedule soil extraction
on an annual basis
I.
J.
M. Clean glass entrance doors, insiddoutside; 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;
1. Clean all wash basins/sinks and wipe dry; clean and polish all basin
fixtures and exposed pipes underneath;
Clean all mirrors, shelves under mirrors, and other shelves or brackets;
Spot clean partitions, doors, and wall areas, as needed;
Fill all paper and soap dispensers; wipe clean all dispensers and trash
receptacles (no refill supplies shall be stocked in vicinity of dispenser);
Damp mop floor using germicidal detergent; wet mop ceramic tile and
terrazzo tile.
2.
3.
4.
5.
6. Completely sanitize restroom and shower floors and walls at all
facilities.
16.00 WEEKLY ACTIVITIES
A. Vacuum all carpeted areas completely.
B. Vacuum all upholstered furniture; spot clean as needed.
C. Damp mop all resilient tile and wood floors, including stairs, spray buff all
resilient tile areas.
D. Clean all inside glass partitions.
E. Clean and polish all metal entrance doors and jambs.
F. 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.
G. 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.
17.00 MONTHLY ACTIVITIES
A. Scrub all resilient tile floors and stairs; apply new floor finish, as needed and
polish floors.
B. Machine scrub all hard tile (ceramic, quarry, etc.) floors
C. Dust all ceiling fans.
D. Dust all partition tops, door tops, ceiling vents and light fixtures.
E. Dust exposed pipes and overhead exposed mechanical equipment.
F. Clean Visitors' Bureaaailroad Depot windows, inside and outside.
18.00 OUARTERLYACTIVITIES
To be performed on the first, fourth, seventh and tenth month of the contract
A. Those items listed under daily, weekly and monthly maintenance.
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B. Clean all windows, inside and outside.
C. Clean walls and ceilings (including partitions.)
D. Clean and polish marble, wood, etc., walls and paneling.
E. Vacuum all upholstered furniture.
19.00 SEMI-ANNUAL ACTIVITIES
To be performed on the first and seventh month of the contract
A. Those work items listed under daily, weekly, monthly and quarterly maintenance.
B. Shampoo all carpeted traffic areas using methods approved by the
ADMINISTRAOR.
C. Strip, 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.).
20.00 ANNUAL ACTIVITIES
To be performed during the first two months of the contract
A. Vacuum, spot clean, and shampoo all carpets using a soil extraction method
approved by the CONTRACT ADMINISTRATOR. 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.
The CONTRACTOR will perform the following custodial maintenance services at the park
restrooms described in Section 2.0.
21.00 DAILY ACTIVITIES
A. Use germicidal detergent to clean all toilets and urinals, inside and outside
including seats; clean and polish all flushometers and piping;
1. Clean all wash basins/sinks and wipe dry; clean and polish all basin
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2.
3.
4.
5.
6.
fixtures and exposed pipes underneath;
Clean all mirrors, shelves under mirrors, and other shelves or brackets;
Spot clean partitions, doors, and wall areas, as needed;
Fill all paper and soap dispensers; wipe clean all dispensers and trash
receptacles (no refill supplies shall be stocked in vicinity of dispenser);
Damp mop floor using germicidal detergent; wet mop ceramic tile and
terrazzo tile.
Completely sanitize restroom and shower floors and walls at all
facilities.
B. 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.
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EXHIBIT B
CONTRACTOR’S WORK FORCE
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Bid NO. 04-15
The CONTRACTOR shall set forth in Exhibit B to the proposed CONTRACT:
A. Each labor or supervisory position by title that will make up the CONTRACTOR’S
work force needed to provide the described services.
B. A sufficiently detailed explanation of the minimum qualifications for a person working
in each position title, including any required certifications.
C. The minimum annual man-hours for each position title that the CONTRACTOR
proposes to commit to the performance of the described services.
D. A list and description of the qualifications of other pertinent staff that are not to be
directly committed to this project but who will be available to support, consult, perfom Extra
Work, and the like. I
E. A description of CONTRACTOR’s systematic skills training program. \
The information provided in this attachment is for the purposes of determining the
CONTRACTOR’S commitment and preparedness to perform the DESCRIBED
SERVICES, and assuring that the CONTRACTOR’S bid is reasonable and complete.
Nothing in this Attachment shall in any way be construed to remove, lessen, or relieve the
CONTRACTOR from any responsibility prescribed by the CONTRACT.
CONTRACTOR may attach additional pages to describe Minimum Qualifications, if needed.
Label any such pages “Exhibit B - Additional Information” along with the appropriate position
tltle(s) corresponding to this form.
[ A. POSITION TITLE I B. MINIMUM QUALIFICATIONS I C. TOTAL
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CONTRACTOR’S WOW FORCE
(Continued)
A. POSITION TITLE B. MINIMUM QUALIFICATIONS C. TOTAL
ANNUAL
HOURS
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CONTRACTOR’S WORK FORCE
(Continued)
E. Description of CONTR CTOR’s employee training program
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5.
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ADDIESS AND
TELEPHONE
EXHIBIT C
LISTING OF SUBCONTRACTORS
Bid No. 04-15
The CONTRACTOR is required to furnish the following information relative to the
subcontractors he proposes to use.
If all work is to be done without subcontractors, write "NONE" in the following space:
TYPE AND PORTION OF
WORK SUBCONTRACTOR
WILLW
WHICH SUB-
CONTRACTOR IS CLASS
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EXHIBIT D
CONTRACTOR’S EQUIPMENT
Bid No. 04-15
The CONTRACTOR shall set forth in Attachment E to the proposed CONTRACT
A. All equipment items, having an original purchase price of at least $1000, that the
CONTRACTOR will use to provide the described services. Equipment should be listed
regardless of whether the CONTRACTOR owns the equipment; intends to purchase, lease,
or rent the equipment; or will subcontract the services requiring said equipment.
B. Quantity of each equipment item to be used in the performance of the described services.
C. Total minimum annual hours for each equipment item that the CONTRACTOR proposes to
commit to the performance of the described services. This is the aggregate of the hours for
equipment of the same item description.
D. Hourly rental rate for each equipment item when used in the performance of Extra Work,
The information provided in this attachment is for the purposes of determining @e
CONTRACTOR’S commitment, and preparedness to perform the DESCRIBED
SERVICES, and assuring that the CONTRACTOR’S proposal is reasonable and
complete. Nothing in this Attachment shall in any way be construed to remove, lessen, or
relieve the CONTRACTOR from any responsibility prescribed by the CONTRACT.
CONTRACTOR may attach additional pages, if needed. Label any such pages “Exhibit D -
Additional Information”.
A. I c. I
EQUIPMENT ITEM
DESCRIPTION
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ATTACHMENT E Page 2
CONTRACTOR’S EQUIPMENT (Continued)
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EQUIPMENT ITEM
DESCRIPTION
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EXHIBT E
CONTRACTOR’S ESTIMATE
of MATERIALS and SUPPLIES
Bid No. 04-15
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The CONTRACTOR shall set forth in Attachment F to the proposed CONTRACT:
A. A11 material and supply items, having an aggregate value in excess of $500, that the
B. Quantity of each listed item to be used annually in the performance of the described
C. The total estimated annual cost of each material or supply item that the CONTRACTOR
CONTRACTOR will use to provide the described services.
services.
proposes to commit to the performance ofthe described services.
The information provided in this attachment is for the purposes of determining the
CONTRACTOR’S commitment, and preparedness to perform tbe DESCRIBED
SERVICES, and assuring that the CONTRACTOR’S proposal is reasonable apd
complete. Nothing in this Attachment shall in any way be construed to remove, lessen, or
relieve the CONTRACTOR from any responsibility prescribed by the CONTRACT.
CONTRACTOR may attach additional pages, if needed. Label any such pages “Exhibit E -
Additional Informabon”
I A.
MATERIAL OR SUPPLY ITEM
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Attachment F Page 2
CONTRACTOR'S ESTIMATE of MATERZALS and SUPPLIES
(Continued)
A. B.
MATERIAL OR SUPPLY ITEM ANNUAL
IS.
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C.
ANNUAL
COST
4 300.-
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Appendix A
CUSTODIAL MAINTENANCE SERVICES
SITES
BID NO. 04-15
INSPECTION RATING FORM
PARK RESTROOMS
SITE: Holiday Park Restrooms INSPECTOR: Jerry Rodriguez 5/30/04
Deduction Percent 3
0.03
Adjusted Payment Formula
Monthly Payment $1,18 1.04
Deduction Amount $35.43
Adjusted Monthly Payment $1,145.61
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CITY OF CARLSBAD
CUSTODIAL MAINTENANCE SERVICES
SITES
BID NO. 04-15
INSPECTION RATING FORM
FACILITIES
SITE: Calavera Community Ctr INSPECTOR: Jim Cochand 5130104
Commodes, urinals, sinks clean & odor free
No observable trash or litter on floor or surfaces
Waste containers less than 2/3 full
Mirrors are clean
Basin, toilets, urinals, counter tops disinfected and
clean
Dispenser cabinets, partitions, stalls, walls and doors
are clean
Floor is free of dirt and debris
No visible dust or mineral build up on fixtures
All dispensers are more than half full
Urinals and toilets flush properly
Rating Totals 1 100
Deduction Percent1 I 1
El 87
10
5
80
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Deduction Percent
Adjusted Payment Formula
Monthly Payment
Deduction Amount
Adjusted Monthly Payment
15
0.15
$1,18 1.04
$177.16
$1,003.88
CITY OF CARLSBAD
CUSTODIAL MAINTENANCE SERVICES
SITES
BID NO. 04-15
INSPECTION RATING FORM
SITE: GENERAL DUTIES INSPECTOR: Jerry Rodriguez 5/30/04
Deduction Percent
Adjusted Payment Formula
Monthly Payment
Deduction Amount
Adjusted Monthly Payment
0
0.00
$1,181.04
$0.00
$1,181.04
W -1 3 0 W I 0 ln
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Appendix C
BILL NUMBER: SB 20 CHAPTERED
BILL TEXT
CHAPTER I95
FILED WITH SECRETARY OF STATE OCTOBER 13, 2001
APPROVED BY GOVERNOR OCTOBER 12, 2001
PASSED THE SENATE SEPTEMBER 6, 2001
PASSED THE ASSEMBLY SEPTEMBER 5, 2001
AMENDED IN ASSEMBLY SEPTEMBER 4, 2001
AMENDED IN ASSEMBLY AUGUST 30, 2001
AMENDED IN ASSEMBLY JULY 16, 2001 *
AMENDED IN SENATE APRIL 16, 2001
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INTRODUCED BY Senator Alarcon
(Coauthors: Senators Burton, Kuehl, Murray, and Romero)
(Coauthors: Assembly Members Aroner, Calderon, Cardenas, Cedillo,
Chan, Chavez, Chu, Diaz, Frommer, Goldberg,. Hertzberg, Horton,
Keeley, Kehoe, Koretz, Migden, Oropeza, Salinas, Shelley, Steinberg,
Washington, Wayne, Wesson, Wiggins, and Wright)
DECEMBER 4, 2000
An act to add Chapter 4.5 (commencing with Section 1060) to Part 3
of Division 2 of the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 20, Alarcon. Displaced janitors.
Existing law provides for a system of labor standards enforcement
administered by the Labor Commissioner.
This bill would enact the Displaced Janitor Opportunity Act, which
would require contractors and subcontractors, as defined, that are
awarded contracts or subcontracts to provide janitorial or building
maintenance services at a particular job site or sites, to retain,
for a period of 60 days, certain employees who were employed at that
site by the previous contractor or subcontractor. This bill would
require that employees retained under the bill's provisions for that
60-day period be offered continued employment if their performance
during that 60-day period is satisfactory. This bill would only
apply to contracts entered into on or after January 1, 2002.
This bill would authorize an employee who was not retained in
accordance with the bill's provisions, or his or her agent, to bring
an enforcement action in a court of competent jurisdiction, as
specified.
ordinances imposing stricter standards or additional enforcement
provisions.
This bill would authorize local government agencies to enact
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 4.5 (commencing with Section 1060) is added to
Part 3 of Division 2 of the Labor Code, to'read:
CHAPTER 4.5. DISPLACED JANITOR OPPORTUNITY ACT
1060. The following definitions shall apply throughout this
(a) "Awarding authority" means any persgn that awards or otherwise
chapter:
enters into contracts for janitorial or building maintenance
services performed within the State of California, including any
subcontracts for janitorial or building maintenance services.
(b) "Contractor" means any person that employs 25 or more
individuals and that enters int0.a service contract with the awarding
authority.
a contractor or subcontractor who works at least 15 hours per week
and whose primary place of employment is in the State of California
under a contract to provide janitorial or building maintenance
services. "Employee" does not include a person who is a managerial,
supervisory, or confidential employee, including those employees who
would be so defined under the federal Fair Labor Standards Act.
(d) "Person" means any individual, propgietorship, partnership,
joint venture, corporation, limited liability company, trust,
association, or other entity that may employ individuals or enter
into contracts.
(e) "Service contract" means any contract that has the principal
purpose of providing services through the use of service employees.
(f) "Subcontractor" means any person wha is not an employee who
enters into a contract with a contractor to assist the contractor in
performing a service contract.
(g) "Successor service contract" means a service contract for the
performance of essentially the same services as were previously
performed pursuant to a different service contract at the same
facility that terminated within the previous 30 days. A service
contract entered into more than 30 days af'cer the termination of a
predecessor service contract shall be considered a "successor service
contract" if its execution was delayed for the purpose of avoiding
application of this chapter.
(c) "Employee" means any person employed as a service employee of
ont rac tor that
contractor h
,ex a successor. ce and,, if so,
contractor
ame, date of ~~~~~,.~~~o~~
covered By the 'temineted servic t'ract at the time of the con$za,ct tez&na.gesn.
the successor contractor, if any, the terminated contractor shall
provide that information to the awarding aithority, which shall be
responsible for providing that information to the successor
contractor as soon as that contractor has been selected.
(3) The requirements of this section shall be equally applicable
to all subcontractors of a terminated contractor.
(b) (1) A successor contractor or successor subcontractor shall
retain, for a 60-day transition employment.period, employees whp have
been employed by the terminated contractor or its subcontractors, if
any, for the preceding four months or longer at the site or sites
covered by the successor service contract unless the successor
contractor or successor subcontractor has reasonable and
substantiated cause not to hire a particular employee based on that
employee's performance or conduct while working under the terminated
his rsqwipement @ball. be.statea by awarding authorities
(2) If the terminated contractor has not learned the identity of
,pa,ckq&s, ,th,a.$, are gove'rned by this chaptw .
(2) The successor contractor or successor subcontractor shall make
a written offer of employment to each employee, as required by this
section, in the employee's primary language or another language in
which the employee is literate. That offer shall state the time
within which the employee must accept th'at,offer, but in no case may
that time be less than 10 days. Nothing in this section requires the
successor contractor or successor subcontractor to pay the same
wages or offer the same benefits as were provided by the prior
contractor or prior subcontractor.
(3) If at any time the successor contractor or successor
subcontractor determines that fewer employees are needed to perform
services under the successor service contract or successor
subcontract than were required by the terminated contractor under the
terminated contract or terminated subcontract, the successor
contractor or successor subcontractor shall retain employees by
seniority within the job classification.
commencing service under the successor service contract, shall
provide a list of its employees and a list'of employees of its
subcontractors providing services at the site or sites covered under
that contract to the awarding authority. These lists shall indicate
which of these employees were employed at the site or sites by the
terminated contractor or terminated subcontractor. The successor contractor or successor subcontractor shall also provide a list of
any of the terminated contractor's employees who were not retained
either bv the successor contractor or successor subcontractor,
(c) The successor contractor or successor subcontractor, upon
stating the reason these employees were not retained.
(d) During the 60-day transition employment period,
contractor or successor subcontractor shall maintain a
the successor
preferential
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hiring list of eligible covered employees not retained by 'the
successor contractor or successor subcontractor from which the
successor contractor or successor subcontractor shall hire additional
employees until such time as all of the terminated contractor's or
terminated subcontractor's employees have been offered employment
with the successor contractor or successor' subcontractor.
successor contractor or successor subcontractor shall not discharge
without cause an employee retained pursuant to this chapter. Cause shall be based only on the performance or conduct of the particular
employee.
(f) At the end of the 60-day transition, employment period, a
successor contractor or successor subcontractor shall provide a
written performance evaluation to each employee retained pursuant to
this chapter. If the employee's performance during that 60-day
period is satisfactory, the 'successor contractor or successor
subcontractor shall offer the employee continued employment. Any
employment after the 60-day transition employment period shall be
at-will employment under which the employe& may be terminated without
cause.
been discharged in violation of this chapter by a successor
contractor or successor subcontractor, or an agent of the employee
may bring an action against a successor contractor or successor
subcontractor in any superior court of the State of California having
jurisdiction over the successor contractor. or successor
subcontractor. Upon finding a violation of this chapter, the court
shall award backpay, including the value of benefits, for each day
during which the violation has occurred and continues to occur. The
amount of backpay shall be calculated as the greater of either of the
following:
during the last three years of the employeb's employment in the same
occupation classification multiplied by the average hours worked
during the last three years of the employee's employment.
time of termination of the predecessor contract multiplied by the
number of hours usually worked by the employee.
stop the continued violation of this chapter.
the court shall award the employee' reasonable attorney's fees and
costs as part of the costs recoverable.
(d) In the absence of a claim by an employee that he or she was
terminated in violation of this chapter, an employee may not maintain
a cause of action under this chapter solely for the failure of an
employer to provide a written performance evaluation.
or after January 1, 2002.
(e) During the initial 60-day transition employment period, the
1062. (a) An employee, who was not offered employment or who has
(1) The average regular rate of pay received by the employee
(2) The final regular rate of pay received by the employee at the
(b) The court may order a preliminary or permanent injunction to
(c) If the employee is the prevailing party in the legal action,
1063. (a) This chapter only applies to contracts entered into on
(b) Except for the obligations specified in subdivisions (a) and
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(b) of Section 1061, nothing in this chapter changes or increases the
relationship or duties of a property owner or an awarding authority,
or their agents, with respect to contractors, subcontractors, or
their employees.
or an awarding authority to terminate a service contract or to
replace a contractor with another contractor or with the property
owner's or awarding authority's own employees.
1064. Nothing in this chapter shall prohibit a local government
agency from enacting ordinances relating to displaced janitors that
impose greater standards than, or establish additional enforcement
provisions to, those prescribed by this chapter.
1065. If any provision or provisions of this chapter or any
application thereof is held invalid, that invalidity shall not affect
any other provisions or applications of this chapter that can be
given effect notwithstanding that invalidity.
(c) Nothing in this chapter limits the right of a property owner
From: Scott Carroll
To: Ray Patchett
Date: 7/13/04 1:llPM
Subject: Protest at City Council Meeting
Ray, Lloyd wanted me to let you know that we may get a protest for awarding the custodial maintenance
contract at tonight's Council meeting.
D.H. Maintenance, the second low bidder and the janitorial service provider to the City for the last four
years is threatening to protest. The issue is the "any-auto'' insurance requirement. This type of coverage is very expensive and difficult to obtain. During a pre-bid meeting staff always reminds potential bidders to
review their current insurance coverage to make sure they comply with our requirements. Not submitting
"any-auto" insurance in a bid proposal does not automatically disqualify a contractor; however, it does
slow the process for executing a contract in a timely manner.
The low bidder, The Business Cleaning Company (BCC). submitted proof of auto insurance, but it covered
scheduled and non-owned vehicles. BCC could obtain the any auto insurance at an additional cost of
$15,000. This additional cost would still make BCC the low bid. Because the $15,000 price difference
would not have been a material factor in determining the best value vendor, staff asked the Risk Manager
if "any-auto'' insurance is necessary for this contract. After reviewing all the facts, the Risk Manager granted our request and waived the any-auto requirement (on page 1 of the bid specifications the City has
the right to waive minor technicalities).
D.H. is arguing that the City did not waive the any-auto insurance for him and the other contractors, which
put them at a disadvantage to submit a competitive bid. Even if D.H. was the low bid they are not
considered the best value. We believe BCC is the best value because they employ their own staff and
don't use sub-contractors (D.H, uses subcontractors), the annual man hours dedicated to using cleaning
equipment far exceeds D.H man hours, BCC was rated one of the best janitorial companies in San Diego
County, and most importantly. customer satisfaction has been poor with D.H.
If you have any questions regarding our evaluation process and/or the potential protest by D.H., please
don't hesitate to contact me.
Scott
cc: Doug Duncanson; Erin Letsch; Greg Clavier; Lloyd Hubbs