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HomeMy WebLinkAbout2007-07-10; City Council; 19066; Custodial Maintenance Contract AwardCITY OF CARLSBAD - AGENDA BILL AB# -19,066 MTG. 7/10/07 DEPT. PW/GS AWARD OF PONTRAPT FOR PI l*5TnniAI MAINTFNANPF SERVICES BID NO. 07-16 DEPT. HEAD JP^f CITYATTY. (£& CITY MGR.*53>"VC\ RECOMMENDED ACTION: Adopt Resolution No.2007-167 accepting the bid and awarding the contract to T & T Janitorial, for Custodial Maintenance Services, Bid No. 07-16, for an amount not-to-exceed $215,000 in the initial agreement year, authorizing the City Manager to increase the previous agreement year compensation amount by $22,000 in each subsequent agreement year, and authorizing the Public Works Director, or his designated representative, to add additional work locations or to increase service frequencies up to the limits granted to the City Manager during the course of each agreement year. ITEM EXPLANATION: The City of Carlsbad utilizes contract custodial maintenance for twenty-five City owned facilities and twenty park restroom facilities. This service has been traditionally performed by a service contractor. Utilizing a service contractor allows the City to provide these services without the need to increase staffing, purchase and maintain expensive specialty equipment and allows staff resources to be allocated to our core maintenance functions. The Carlsbad Municipal Code limits the City Manager to approving amendments to existing agreements by a maximum of 25% of the original contract amount without prior approval by the City Council. Several of our long-term agreements have reached this limit in a short period of time. Some of the reasons for this are the addition of infrastructure to the City's inventory, allowable annual compensation increases in accordance with the rise in the Consumer Price Index for San Diego County, and needed increases in service frequencies to maintain the quality of service expected in the City of Carlsbad. Service contracts that have reached the allowed maximum compensation in the last three years include Custodial Maintenance Services, Landscape Maintenance Services, Median Maintenance Services, Streetlight Damage Repair Services and Traffic Signal Maintenance Services. An issue staff has identified is the requirement to process formal amendments to existing agreements to add relatively minor additional work items. In the previous custodial maintenance contract, addition of any items not included in the original bid required a formal amendment to the agreement and City Manager approval within his signature authority. In order to address these two issues, staff is recommending that Council authorize the City Manager to increase the annual compensation amount by a total of ($22,000) per agreement year to accommodate infrastructure growth, allowable compensation increases and to allow flexibility in service intervals to meet quality standards. This requested increase is based on historical inflation averages in the Consumer Price Index for San Diego County and projected project completion of Capital Improvement Projects. Staff is also recommending that Council authorize the Public Works Director, or his designated representative, to increase the services provided, add additional maintenance locations from the current or future inventory, or increase service frequencies to the limits granted to the City Manager during the course of each agreement year to allow day to day management of custodial maintenance service operations. On an annual basis, a formal amendment will be processed for City Manager approval indicating the actual service totals and the maximum compensation for the next agreement year. Staff is also recommending that Council approve a total maximum compensation amount of ($1,295,000), over the maximum five-year period of the agreement. No compensation above this amount will be authorized without Council approval. FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED Ef D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 On April 21, 2007, the City Clerk published a Notice Inviting Bids for this service agreement. Four bids were received, opened, witnessed, and recorded on May 22, 2007. The bid amounts ranged from $193,674.48 to $573,048.00. The bids were reviewed by the Public Works Department and were as follows: • T & T Janitorial $193,674.48 • Aztec Landscaping $211,995.00 • The Business Cleaning Company $268,314.00 • Jan-Pro Systems $573,048.00 In accordance with the Municipal Code, a best value evaluation was completed. Each contractor's bid was evaluated against the following criteria: Cost of service Ability to Provide Service Previous Performance and References Quality of Service Responsiveness to Specifications Unspecified value added offerings T & T Janitorial was evaluated the highest due to its submitted cost for service, ability to provide service, previous performance and references, quality of service, responsiveness to specifications and value added offerings. Based on the results of the best value evaluation, staff recommends that Council accept the bid and award a contract to T & T Janitorial. Staff wishes to inform Council that the bid is intended to establish bid item costs for each individual item of work. Payment to the contractor will be for actual work performed and is likely to exceed the actual bid amount. Staff is requesting that Council approve an additional $21,326 in funding for the bid from T & T Janitorial, to ensure that funds are available to add work during the agreement year as infrastructure is completed and accepted by the City and to ensure that funds are available in the event that the actual work totals exceed the estimates indicated in the bid documents. ENVIRONMENTAL IMPACT: This project is a Class 1 categorical exemption (minor alteration of existing structure or facilities) and is, therefore, exempt from the environmental review process under provisions of the California Environmental Quality Act (CEQA), Section 15301(c). FISCAL IMPACT: This contract is funded from multiple funding sources. The Facilities Maintenance Operating Budget - General Fund will pay approximately 92% of the award price and the Parks Maintenance Operating Budget - General Fund will pay approximately 8% of the award price. Sufficient appropriations are available in the Facilities Maintenance Operating Budget - General Fund and the Parks Maintenance Operating Budget - General Fund to fully fund the agreement. Page 3 In summary, this is a five-year custodial service agreement based on the selected best value contractor's low bid of $193,674.48 per agreement year. The Public Works Department is recommending an additional $21,326, approximately 11% of the bid amount, be added in the first contract year. The Public Works Department is also recommending that Council authorize the City Manager to increase the contract as needed by an additional $22,000 in subsequent years to account for increases in the City's assets requiring custodial maintenance services. This increase is cumulative with increases allowed in previous agreement years. The calculated amounts per year establish the not-to-exceed limit of the agreement ($1,295,000). The actual annual payments to the contractor will be based on the costs of services provided, on a time and material basis, within each year of the agreement. The work completed will be inspected and verified by Public Works Department staff prior to authorization of each payment. EXHIBITS: 1. Resolution No. 2007-167 accepting the bid and awarding the contract to T & T Janitorial, for Custodial Maintenance Services, Bid No. 07-16, for an amount not-to-exceed $215,000 in the initial agreement year, authorizing the City Manager to increase the previous agreement year compensation amount by $22,000 in each subsequent agreement year, and authorizing the Public Works Director, or his designated representative, to add additional work locations or to increase service frequencies up to the limits granted to the City Manager during the course of each agreement year. 2. Custodial Maintenance Services Contract. DEPARTMENT CONTACT: Dale A. Schuck, (760) 802-5788, dschu@ci.carlsbad.ca.us 1 RESOLUTION NO. 2007-167 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, ACCEPTING THE BID AND AWARDING THE CONTRACT TO T & T JANITORIAL, FOR CUSTODIAL MAINTENANCE SERVICES, 4 BID NO. 07-16, FOR AN AMOUNT NOT-TO-EXCEED $215,000 IN THE INITIAL AGREEMENT YEAR, AUTHORIZING THE CITY MANAGER TO K INCREASE THE PREVIOUS AGREEMENT YEAR COMPENSATIONb AMOUNT BY $22,000 IN EACH SUBSEQUENT AGREEMENT YEAR, AND AUTHORIZING THE PUBLIC WORKS DIRECTOR OR HIS 6 DESIGNATED REPRESENTATIVE TO ADD ADDITIONAL MAINTENANCE LOCATIONS AND INCREASE MAINTENANCE 7 FREQUENCIES UP TO THE LIMITS GRANTED TO THE CITY MANAGER DURING THE COURSE OF EACH AGREEMENT YEAR. 8 WHEREAS, the City of Carlsbad requires the services of a custodial services 9 contractor; and 10 WHEREAS, proper bidding procedures have resulted in the City's receipt of a bid from a 11 qualified contractor, T & T Janitorial; and 12 WHEREAS, a best value evaluation consistent with Carlsbad Municipal Code Section 13 3.28.050 was performed by staff and has resulted in staff's determination that the bid submitted by 14 T & T Janitorial, at $193,674.48 is the best value to the City of Carlsbad; and 15 WHEREAS, staff recommends Council approve an additional $21,326 in funding for the 16 bid from T & T Janitorial, in the initial agreement year to ensure that funds are available to add work during the agreement year as infrastructure is completed and accepted by the City and to ensure that funds are available in the event that the actual work totals exceed the estimates 18 indicated in the bid documents; and 19 WHEREAS, staff recommends award of the contract for Bid 07-16 Custodial 20 Maintenance Services to T & T Janitorial, in an amount not-to-exceed $215,000 in the initial 21 agreement year; and 22 WHEREAS, staff recommends Council authorize the City Manager to approve an 23 increase of $22,000 in funding in each subsequent agreement year to ensure that funds are 24 available to add work during the agreement year as infrastructure is completed and accepted by 25 the City, to ensure that funds are available in the event that the actual work totals exceed the 2g estimates indicated in the bid documents, and to ensure that sufficient funds are available to fund _7 increases in compensation to the contractor in an amount not-to-exceed the Consumer Price Index for San Diego County in the preceding year; and28 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, staff recommends Council authorize the Public Works Director, or his designated representative, increase the services provided, add additional maintenance locations from the current or future inventory, or increase service frequencies to the limits granted to the City Manager during the course of each agreement year to allow day to day management of custodial maintenance operations. Annually, a formal amendment will be processed for City Manager approval, indicating the actual service totals and the maximum compensation for the next agreement year; and WHEREAS, sufficient appropriations are available in the Facilities Maintenance Operating Budget - General Fund and the Parks Maintenance Operating Budget - General Fund, to fully fund the agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The bid of T & T Janitorial, 908 Dewsbury Ave., San Diego, CA 92126, is the best value. 3. The bid of T & T Janitorial, is hereby accepted. 4. That an additional $21,326 in funding is authorized in the initial agreement year and the City Manager is authorized to approve an increase of $22,000 in funding in each subsequent agreement year. 5. That the maximum compensation amount will not exceed $1,295,000 over the maximum five-year period of the agreement. No compensation above this amount will be authorized without Council approval. 6. That the Public Works Director, or his designated representative, is authorized increase the services provided, add additional maintenance locations from the current or future inventory, or increase service frequencies to the limits granted to the City Manager during the course of each agreement year to allow day to day management of custodial maintenance service operations. 1 7. That annually, a formal amendment will be processed for City Manager approval 2 indicating the actual service totals and the maximum compensation for the next agreement year. 3 8. That the Mayor of the City of Carlsbad is hereby authorized and directed to 4 execute an agreement with T & T Janitorial for an amount not-to-exceed $215,000 in the initial 5 agreement year, a copy of which is attached, for and on behalf of the City of Carlsbad. 6 /// 7 /// 8 /// 9 /// 10 /// 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 28 (P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of July, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: M/s//,//**. IDE A'L8l\fl67Maybr (SEAL) '"<*;;>^ CUSTODIAL MAINTENANCE SERVICES BID NO. 07-16 June 2006 CITY OF CARLSBAD Public Works MSA / General Services Department Facilities/Parks Maintenance Division 405 Oak Avenue CARLSBAD, CA 92008 Bid 07-16 Custodial Maintenance Services - City of Carlsbad II BID 10 *Note to Bidders: Bidders are advised that the Square Footage listed are approximate. Bidders are responsible for verifying actual totals. 13 EXHIBIT A 23 MANNER OF PERFORMING SERVICES 23 PART I 23 GENERAL SPECIFICATIONS 23 1.00 GENERAL REQUIREMENTS 23 2.00 FACILITIES TO BE MAINTAINED 24 3.00 PAYMENT AND INVOICES 25 4.00 ENFORCEMENT, DEDUCTIONS AND LIQUIDATED DAMAGES 27 5.00 INSPECTIONS, MEETINGS, & REPORTS 28 6.00 EXTRA WORK 28 7.00 NEGOTIATED PROPOSAL AND ACCEPTANCE 29 8.00 TIME AND MATERIALS 30 9.00 AS NEEDED SERVICES FOR SPECIAL EVENTS 30 10.00 CONTRACTOR'S DAMAGES 30 11.00 COMMUNICATIONS AND EMERGENCY RESPONSE 31 12.00 SAFETY 32 13.00 HOURS AND DAYS OF MAINTENANCE SERVICES 3 2 14.00 MAINTENANCE SCHEDULES 34 15.00 CONTRACTOR'S STAFF AND TRAINING 34 16.00 NON-INTERFERENCE-NOISE 36 17.00 CHEMICALS, CLEANING PRODUCTS & MATERIALS 36 TECHNICAL SPECIFICATIONS 38 18.00 DAILY ACTIVITIES 38 19.00 WEEKLY ACTIVITIES 40 25.00 DAILY ACTIVITIES 44 26.00 WEEKLY ACTIVITIES 45 EXHIBIT B 47 CONTRACTOR'S WORK FORCE 47 EXHIBIT C 50 LISTING OF SUBCONTRACTORS 50 EXHIBIT D 51 CONTRACTOR'S EQUIPMENT 51 Bid No. 07-16 51 EXHIBT E 53 CONTRACTOR'S ESTIMATE 53 of MATERIALS and SUPPLIES 53 Bid No. 07-16 53 Bid 07-16 Custodial Maintenance Services - City of Carlsbad -j -j BID BID #07-16 CUSTODIAL MAINTENANCE SERVICES SCHEDULE A MONTHLY PRICES Item No. Facility Address *Sq. Feet Service Days Monthly Rate Annual Rate Al. Arts Office 2955 Elmwood Ave 1,843 Mon-Fri (5) $221.16 $2.653.92 A2. Adult Learning Center 1237 Carlsbad Village Dr 1,359 Mon-Fri (5) $149.49 $1.793.88 A3. Aviara Park Modular 6435 Ambrosia Lane 946 Mon-Fri (5) $94.60 $1.135.20 A4. Aviara Park Main. Yard Office 6435 Ambrosia Lane 442 Mon-Fri (5) $44.20 $530.00 A5. Calavera Community Center 2997 Glasgow Drive 17,400 Sun-Sat (7) $2.610.00 $31.320.00 A6. Centro de Informacion 3330 Harding Street 1,440 Mon-Fri (5) $158.40 $1.900.80 A8. Granary 2659 Garfield Street 572 Sun-Thur(5) $57.20 $686.40 A9. Harding Community Center 3096 Harding Street 12,392 Sun-Sat (7) SI.734.88 $20.818.56 A10. Hiring Center 5958 El Camino Real 280 Mon-Fri (5) $28.00 $336.00 All. Heritage Hall 2650 Garfield Street 1,608 Sun-Sat (7) $225.12 $2.701.00 A12. Holiday House 3235 Eureka Place 855 Sun-Thur(5) $85.50 $1.026.00 Al 3. Housing & Redevelopment 2965 Roosevelt Street #B 3,200 Sun-Thur(5) $384.00 $4.608.00 Item Bid 07-16 Custodial Maintenance Services - City of Carlsbad 10 No. A14. A15. A16. A17. A18. A19. A20. A21. A22. A23. A24. A25. A26 Facility Address Kruger House 3215 Eureka Place *Sq. Feet Service Days Monthly Rate Annual Rate 1,250 Sun-Thur(S) Leo Carrillo Ranch 3,164 bldg 6200 Flying LC Lane 1,818 walkways Fri-Sun (3) Magee House 258 Beech Avenue Municipal Water District 5950 El Camino Real 4,089 Sun-Thur (5) Parks Administration 1166 Carlsbad Village Drive 504 Sun-Thur (5) $50.40 Parks Modular/Break Room 1166 Carlsbad Village Drive 2,474 Sun-Thur (5) S296.88 Senior Center (2nd Floor Only) 799 Pine Ave 5,770 Sun-Thur (5) Streets & Facilities Admin 405 Oak Avenue Railroad Depot 400 Carlsbad Village Drive 1,608 Sun-Sat (7) Scout House 3225 Eureka Place 1,908 Sun-Thur (5) Stagecoach Community Center 3420 Camino de los Coches 17,400 Sun-Sat (7) Stay & Play 3330 Harding Street 1,440 Mon-Fri(5) $1.650.00 $4.556.16 $5.888.16 18,000 Mon-Fri (5) $2.340.00 $28.080.00 $3.562.56 $8.308.80 10,049 Sun-Thur (5) $1.306.37 $15.676.44 225.12 $2.701.44 228.96 $2.747.52 $2.610.00 $31.320.00 $158.40 $1.900.80 Special Event Labor Locations as Directed * 150 Hours Sun-Sat (7) $10.00 $1.500.00 (Estimated) (Per Hour) *TOTAL SQUARE FEET 109,993 S.F. Buildings +1,818 S.F. Walkways Schedule A Sub-total amount of bid including items 1 - 26 in words One Hundred Seventy-eight Thousand Seven dollars and Twenty-eight cents Schedule A Sub-total amount of bid, including items 1- 26 in numbers: $178.007.28 Bid 07-16 Custodial Maintenance Services 4/16/07 11 SCHEDULE B Item No. Bl. B2. B3. B4. B5. B6. B7. B8. B9. BIO. Bll. B12. B13. B14. B15. Park Restrooms S_< Aviara Community Park (2) 6435 Ambrosia Lane Beach Bluff Carlsbad Blvd & Oak Ave Calavera Park Blockhouse 2997 Glasgow Drive Chase Field 3349 Harding Street Hidden Canyon 2685 Vancouver Holiday Park (2) 3235 Eureka Place La Costa Canyon Park La Costa Ave at Pueblo & Rana Ct Laguna Riviera Park Kelly and Park Drive Levante Park 3035 Levante Leo Carrillo Ranch (2) 6200 Flying LC Lane Magee Park 258 Beech Avenue Pine Park 3500 Harding Poinsettia Park (2) 6600 Hidden Valley Road Skate Park 2560 Orion Way Stagecoach Park (2) 3420 Camino de los Coches a. Feet 864 200 422 234 972 401 340 200 308 300 234 261 856 180 756 Service Days Sun-Sat (7) Sun-Sat (7) Sun- Sat (7) Sun-Sat (7) Sun-Sat (7) Sun-Sat (7) Sun-Sat (7) Sun- Sat (7) Sun-Sat (7) Fri-Sun (3) Sun-Sat (7) Sun-Sat (7) Sun- Sat (7) Sun-Sat (7) Sun-Sat (7) Monthly Rate $172.80 $40.00 $84.40 $46.80 $194.40 $80.20 $68.00 $40.00 $61.60 $60.00 $46.80 $52.20 $171.20 $36.00 $151.20 Annual Rate $2.073.60 $480.00 $1.012.80 $561.60 $2.332.80 $962.40 $816.00 $480.00 $739.20 $720.00 $561.60 $626.40 $2.054.40 $432.00 $1,814.40 TOTAL SQUARE FEET 6,528 Bid 07-16 Custodial Maintenance Services 4/16/07 12 Schedule B Sub-total amount of bid including items 1 - 15 in words Fifteen Thousand Six Hundred Sixty-seven dollars and Twenty cents. Section B Sub-total amount of bid, including items 1- 15 in numbers: $ 15,667.20 Grand total amount including Schedules A and B in words: One Hundred Ninety-three Thousand Six Hundred Seventy- four dollars and Forty-eight cents Grand total amount including Schedules A and B in numbers: $193.674.48 *Note to Bidders: Bidders are advised that the Square Footage listed are approximate. Bidders are responsible for verifying actual totals. Bid 07-16 Custodial Maintenance Services 4/16/07 13 AGREEMENT FOR CUSTODIAL MAINTENANCE SERVICES T & T Janitorial jj .THIS AGREEMENT is made and entered into as of the // *"*"- day of , 200?, by and between the CITY OF CARLSBAD, a municipal corporafebn, ("Gfty"), and T & T Janitorial, a Sole Proprietor, ("Contractor"). RECITALS A. City requires the professional services of a custodial maintenance contractor that is experienced in cleaning office buildings and public restrooms. B. Contractor has the necessary experience in providing services and advice related to custodial maintenance services. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, 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 above written. The City Manager may amend the Agreement to extend it for four (4) additional one year periods or parts thereof in an amount not to exceed Two Hundred Thirty-seven Thousand ($237,000) in the first extension year and an amount not to exceed an increase of Twenty-two Thousand dollars ($22,000) per year in each subsequent extension year to the agreement. Total compensation under this agreement shall not exceed One Million Two Hundred Ninety Five Thousand dollars ($1,295,000). Payments will be made on a time and materials basis for actual work performed by the contractor and the total compensation amounts are not guaranteed. 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. 14City Attorney Approved Version #04.01.02 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. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be Two Hundred Fifteen Thousand dollars ($215,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in 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 15City Attorney Approved Version #04.01.02 under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. 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 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 types 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. CONTRACTOR'S ESTIMATE OF MATERIALS & SUPPLIES 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 16City Attorney Approved Version #04.01.02 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. 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 Coverages and Limits. Contractor will maintain the types of coverages 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 property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 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 Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 13.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 17City Attorney Approved Version #04.01.02 13.2.1 The City will be named as an additional insured on General Liability. 13.2.2 Contractor will obtain occurrence coverage, which will be written as claims-made coverage. 13.2.3 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. 13.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this 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 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 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. 17. COPYRIGHTS 18City Attorney Approved Version #04.01.02 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. For City: For Contractor: Name Dale Schuck Name ~Tc\YW Title Public Works Supervisor Title Department PW/Gen Services Address PO City of Carlsbad Address 405 Oak Avenue Phone No. Carlsbad. CA 92008 Phone No. (7601 434-2949 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. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 19City Attorney Approved Version #04.01.02 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, verifying 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 notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering ninety (90) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. Bid 07-16 Custodial Maintenance Services - City of Carlsbad 20 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 et seq.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 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. 21City 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 CITY OF CARLSBAD, a municipal corporation of the State of California (sign here) B ATTEST: (print name/title) **By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officers) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney DeputyCuy Attorney Subscribed and sworn to (or affirmed) before me this____3s^l__dav of City_ ^->-v .•—^ Signature of Notary ^--SteTof Notary OFFICIAL SEAL 122 CONNIE T. NGO _ ^co'^^f-^^1^, . . 172,' SAN DIEGO COUNTY |MY COMM. EXP. MAR"25i 2011 \ EXHIBIT A MANNER OF PERFORMING SERVICES PARTI GENERAL SPECIFICATIONS 1.00 GENERAL REQUIREMENTS 1.01 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. 1.02 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. 1.03 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. 1.04 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. 1.06 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. 1.07 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 and/or repair reported graffiti, vandalism, damaged equipment, signs or hazards. 1.08 The following is an excerpt from Senate Bill 20, Displaced Janitor Opportunity Act. Labor Code Section 1060-1065. The full text is attached hereto as Appendix C. Bid 07-16 Custodial Maintenance Services - City of Carlsbad 23 "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 and/or 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 bid, 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: Buildings Arts Office Adult Learning Center Aviara Modular Aviara Maintenance Office Calavera Community Center Centre de Informacion Granary Harding Community Center Hiring Center Heritage Hall Holiday House Housing & Redevelopment Kruger House Leo Carrillo Ranch Learning Center Magee House Municipal Water District Parks Administration Parks Modular/Break Room Senior Center Streets & Facilities Admin Railroad Depot Scout House Stagecoach Community Center Stay & Play 2955 Elmwood Ave 1237 Carlsbad Village Dr 6435 Ambrosia Lane 6435 Ambrosia Lane 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 6200 Flying LC Lane 3368 Eureka Place 258 Beech Avenue 5950 El Camino Real 1166 Carlsbad Village Drive 1166 Carlsbad Village Drive 799 Pine Ave 405 Oak Avenue 400 Carlsbad Village Drive 3225 Eureka Place 3420 Camino de los Coches 3330 Harding Street Park Restrooms Bid 07-16 Custodial Maintenance Services - City of Carlsbad 24 Aviara Community Park (2) 6435 Ambrosia Lane Beach Bluff Carlsbad Blvd & Oak Ave Calavera Park Blockhouse 2997 Glasgow Drive Chase Field 3349 Harding Street Hidden Canyon 2685 Vancouver Holiday Park (2) 3235 Eureka Place La Costa Canyon Park La Costa Ave at Pueblo & Rana Ct Laguna Riviera Park Kelly and Park Drive Leo Carrillo Ranch 6200 Flying LC Lane Levante Park 3035 Levante Magee Park 258 Beech Avenue Pine Park 3500 Harding Poinsettia Park (2) 6600 Hidden Valley Road Skate Park 2560 Orion Way Stagecoach Park (2) 3420 Camino de los 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 Monthly invoices shall be prepared and submitted in the following format: Invoice 1: Location Account Number ARTS OFFICE 0015060-7230 ADULT LEARNING CENTER AVIARA MODULAR AVIARA MAINTENANCE OFFICE CALAVERA COMMUNITY CENTER CENTRO DE INFORMACION GRANARY Invoice 1 (cont): Location Account Number Monthly Cost $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) Monthly Cost Bid 07-16 Custodial Maintenance Services - City of Carlsbad 25 HARDING COMMUNITY CENTER 0015060-7230 HIRING CENTER HERITAGE HALL HOLIDAY HOUSE HOUSING & REDEVELOPMENT KRUGER HOUSE LEO CARRILLO RANCH LEARNING CENTER MAGEE HOUSE MUNICIPAL WATER DISTRICT PARKS ADMINISTRATION PARKS MODULAR/BREAK ROOM RAILROAD DEPOT SENIOR CENTER STREETS & FACILITIES ADMIN SCOUT HOUSE STAY & PLAY STAGECOACH COMMUNITY CENTER WATER DISTRICT $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $f AMOUNT) TOTAL MONTHLY COST $(AMOUNT) Invoice 2: Location Account Number Monthly Cost AVIARA COMMUNITY PARK 0015020-7230 BEACH BLUFF CALAVERA PARK BLOCKHOUSE CHASE FIELD HIDDEN CANYON PARK HOLIDAY PARK LA COSTA CANYON PARK LAGUNA RIVIERA PARK LEO CARRILLO LEVANTE PARK MAGEE PARK PINE PARK POINSETTIA PARK SKATE PARK STAGECOACH PARK $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUND TOTAL MONTHLY COST $(AMOUNT) 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, Bid 07-16 Custodial Maintenance Services - City of Carlsbad 26 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. 3.04 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. 3.05 The CONTRACT ADMINISTRATOR may, at his discretion, add new facilities to be maintained and/or 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 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. 4.00 ENFORCEMENT. DEDUCTIONS AND LIQUIDATED DAMAGES 4.01 The CONTRACT ADMINISTRATOR shall be responsible for the enforcement of this CONTRACT on behalf of CITY. 4.02 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 and/or 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. 4.03 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 Bid 07-16 Custodial Maintenance Services - City of Carlsbad 27 written notice describing the reasons for said action. The monthly INSPECTION RATING SYSTEM report shall constitute reason for any deductions so imposed. 4.04 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 verifying CONTRACTOR'S performance of CONTRACT requirements and identifying 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 inspections. All routine maintenance functions shall be completed prior to this meeting. 5.03 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. 5.04 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. 6.00 EXTRA WORK 6.01 The CITY may award Extra Work to the CONTRACTOR, or to other forces, at the discretion of the CONTRACT ADMINISTRATOR. New or unforeseen work will be classified as "Extra Work" when the CONTRACT ADMINISTRATOR determines that it is not covered by CONTRACT unit prices or is significantly different than the CONTRACTOR'S other work areas. Areas added that are of similar size and scope to the CONTRACTOR'S current work shall be compensated as indicated in Section 3.06. Areas that do not meet the criteria indicated in Section 3.06 are subject to adjustment in payment in accordance with Extra Work. Extra Work shall be performed by agreement between the CONTRACT ADMINISTRATOR and the CONTRACTOR Bid 07-16 Custodial Maintenance Services - City of Carlsbad 28 or on a NEGOTIATED PROPOSAL AND ACCEPTANCE basis in accordance with Section 7.00 or on a TIME AND MATERIALS basis in accordance with Section 8.00. 6.02 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. 6.03 Prior to performing any Extra Work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR'S proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. 6.04 In the event that CONTRACTOR'S proposal for Extra Work is not approved, the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces or to compel the CONTRACTOR to perform the work on a TIME AND MATERIALS Basis. Invoices for EXTRA WORK on a TIME AND MATERIALS basis are subject to CONTRACTOR markup in accordance with the Section 8.00. 6.05 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. 6.06 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 NEGOTIATED PROPOSAL AND ACCEPTANCE 7.01 The CITY may award work to the CONTRACTOR, at the discretion of the CONTRACT ADMINISTRATOR. New work will be awarded on a negotiated proposal and acceptance basis as when the CONTRACT ADMINISTRATOR determines that it is appropriate to negotiate a fixed price for work in lieu of utilizing unit prices. Payment for Work shall be performed by negotiated agreement between the CITY and the CONTRACTOR or on a TIME AND MATERIALS basis in accordance with the Vendor's Proposed Cost of Services chart. 7.02 Prior to performing any work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the Bid 07-16 Custodial Maintenance Services - City of Carlsbad 29 CONTRACTOR'S proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. 7.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 8.00 TIME AND MATERIALS 8.01 In the event that the CONTRACT ADMINISTRATOR determines that work requested is of an unknown duration, not easily quantified or the CONTRACTOR'S proposal for work is not approved, the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces or to compel the CONTRACTOR to perform the work on a TIME AND MATERIALS basis. 8.02 The CONTRACT ADMINISTRATOR may direct CONTRACTOR to proceed by allowing him/her to use the following rates or percentages as added costs for the markup of all overhead and profits: 1) Labor Hourly As Stipulated in Bid Item A26. 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures 15 8.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 9.00 AS NEEDED SERVICES FOR SPECIAL EVENTS 9.01 The CITY may award work to the CONTRACTOR, at the discretion of the CONTRACT ADMINISTRATOR for custodial services during or following scheduled special events. The CONTRACT ADMINISTRATOR shall provide the CONTRACTOR with twenty-four (24) hours notice and shall request additional personnel to perform these services. The CONTRACTOR shall dispatch the number of custodians requested to the locations requested by the CONTRACT ADMINSTRATOR. The CITY guarantees a minimum of two (2) hours for each custodian requested in this section. The CONTRACTOR shall be compensated at fixed price for work utilizing unit prices in accordance with the Vendor's Proposed Cost of Services chart. 9.02 Work items performed under this section include all items indicated in "Daily Activities and/or Section Weekly Activities for Facilities/Park Restrooms as directed by the CONTRACT ADMINISTRATOR. All other quality/materials requirements stipulated in this AGREEMENT apply to work performed under this section. 9.03 All work shall commence on the specified date/time established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 10.00 CONTRACTOR'S DAMAGES Bid 07-16 Custodial Maintenance Services - City of Carlsbad 30 10.01 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. 11.00 COMMUNICATIONS AND EMERGENCY RESPONSE 11.01 Report any emergency of a safely, security or health problem to the City Police Dispatcher (931-2197) including, but not limited to, an un-lockable 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. 11.02 The CONTRACTOR shall, during the term of this CONTRACT, maintain a single telephone number, toll free to a San Diego region area code. For hours beyond a normal 8 AM to 5 PM business day, an answering service shall be considered an acceptable substitute. 11.03 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. 11.04 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. 11.05 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. 11.06 CONTRACTOR'S 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. Bid 07-16 Custodial Maintenance Services - City of Carlsbad 31 12.00 SAFETY 12.01 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. 12.02 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 occurring thereon. The CONTRACT ADMINISTRATOR 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. 12.03 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. 13.00 HOURS AND DAYS OF MAINTENANCE SERVICES 13.01 The basic daily hours of maintenance service for Park restrooms shall be 10:00 p.m. to 7:00 a.m., which shall be considered normal work hours as may pertain to any other provision of the CONTRACT. No work shall begin prior to 10:00 p.m. and all work shall be completed by 7:00 p.m. with the exception of the Beach Bluff Restroom and Carrillo Ranch Restrooms. The hours of service for the Beach Bluff Restroom are 8:00 p.m. to 12:00 a.m. No work shall begin at the Beach Bluff Restroom prior to 8:00 p.m. and all work shall be completed by 12:00 a.m. 13.02 The CONTRACTOR shall be responsible for locking the Park restrooms (Excluding Leo Carrillo Ranch). The Beach Bluff Restroom shall be locked, by the CONTRACTOR, between the hours of 8:00 p.m. and 8:30 p.m. All other Park Restrooms are to be locked, by the CONTRACTOR, between the hours of 10:00 pm and 11:30 pm to insure that unauthorized personnel cannot access the facilities during hours of park closure. The CONTRACTOR shall be responsible for unlocking and re-locking the Park restrooms when service is not completed prior to the specified time for locking the facility Bid 07-16 Custodial Maintenance Services - City of Carlsbad 32 13.03 The basic daily hours of maintenance service for Facilities not listed below, shall be 6:00 p.m. to 11:00 p.m., which shall be considered normal work hours as may pertain to any other provision of the CONTRACT. The basic daily hours of maintenance service for Leo Carrillo Ranch Historic Buildings shall be 8:30 a.m. to 11:00 a.m., which shall be considered normal work hours as may pertain to any other provision of the CONTRACT The basic daily hours of maintenance service for the following Facilities shall be 6:00 p.m. to 2:00 a.m., which shall be considered normal work hours as may pertain to any other provision of the CONTRACT. A6. Centre de Informacion, 3330 Harding Street A8. Granary, 2659 Garfield Street A10. Hiring Center, 5958 El Camino Real Al 1. Heritage Hall, 2650 Garfield Street A14. Kruger House, 3215 Eureka Place Al 8. Parks Administration, 1166 Carlsbad Village Drive A19. Parks Modular/Break Room, 1166 Carlsbad Village Drive A21. Streets & Facilities Admin, 405 Oak Avenue A22. Railroad Depot, 400 Carlsbad Village Drive A23. Scout House, 3225 Eureka Place A25. Stay & Play, 3330 Harding Street The basic daily hours of maintenance service for Leo Carrillo Ranch Historic Buildings shall be 8:30 a.m. to 11:00 a.m., which shall be considered normal work hours as may pertain to any other provision of the CONTRACT 13.04 CONTRACTOR shall be responsible for unlocking, locking and securing the buildings, including alarm systems, before and after performing services. 13.05 The CONTRACTOR shall not duplicate keys to buildings and park restrooms; additional keys, as needed, shall be provided by the CONTRACT ADMINISTRATOR. 13.06 All lights are to be turned off when leaving unoccupied buildings Bid 07-16 Custodial Maintenance Services - City of Carlsbad 33 13.07 CONTRACTOR shall provide staffing to perform the required maintenance services during the prescribed hours five to seven (5-7) days per week for Facilities, seven (7) days per week for Park restrooms and three (3) days per week at Leo Carrillo Ranch. Scheduled cleaning days for Facilities are indicated in Bid Schedule "A". Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the CONTRACT ADMINISTRATOR. The CONTRACTOR is advised that hours of service and cleaning specifications for Leo Carrillo Ranch differ significantly from other service areas and are clearly indicated in the specifications. 13.08 CONTRACTOR employees shall not use City phones, computers, copiers, fax machines, or other such equipment 13.09 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. 14.00 MAINTENANCE SCHEDULES 14.01 The CONTRACTOR shall, within twenty (20) 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. Attach sample Annual Calendar and Routine Operations Schedule formats in Appendix B. 14.02 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. 15.00 CONTRACTOR'S STAFF AND TRAINING 15.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 15.02 In cooperation with the Carlsbad Police Department, CONTRACTOR agrees to, and pay all cost for, background checks if required on all personnel providing custodial services for this contract. In the event such background check reveals an item, which Bid 07-16 Custodial Maintenance Services - City of Carlsbad 34 Carlsbad Police or the CONTRACT ADMINISTRATOR deems a security problem, City may request that such individual be removed from the list of personnel authorized to provide custodial services in City facilities. 15.03 CONTRACTOR'S personnel shall possess the minimum qualifications for the position in which each is working, as set forth in Attachment B. 15.04 CONTRACTOR is encouraged to provide on-going systematic skills training, and to promote participation in, and certification by professional associations. CONTRACTOR'S systematic skills training program, and certifications required by the CONTRACTOR for employees in a given position, should be noted in the Attachment B. 15.05 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 CONTRACTOR'S personnel in the proper and specified work method and procedures; directing, scheduling, and coordinating all custodial services and functions to completely accomplish the work as required by this Agreement. The "on-site" representative shall be available for consultation regarding problems on a daily basis at some time during regular working hours (8:00 a.m. to 5:00 p.m., Monday through Friday). 15.06 Each crew of CONTRACTOR'S 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 CONTRACTOR'S supervisory personnel present. 15.07 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 ADMINISTRATOR that the conduct and activities of CONTRACTOR'S employees will not be detrimental to the interest of the public patronizing the premises. 15.08 The CONTRACT ADMINISTRATOR may at any time order any of the CONTRACTOR'S 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 Bid 07-16 Custodial Maintenance Services - City of Carlsbad 35 15.09 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. 16.00 NON-INTERFERENCE - NOISE 16.01 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. 16.02 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. 16.03 CONTRACTOR shall be subject to local ordinances regarding noise levels with regard to equipment operations. CONTRACTOR shall not use any power equipment outdoors prior to 7:00 a.m. or later than 7:00 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. 17.00 CHEMICALS. CLEANING PRODUCTS & MATERIALS 17.01 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. 17.02 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. 17.03 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. 17.04 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 Bid 07-16 Custodial Maintenance Services - City of Carlsbad 36 and from the job site daily. 17.05 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. 17.06 Materials used by CONTRACTOR in the performance of this Agreement shall be the following (or approved equal): ITEM # 326110 326390 326145 326253 326409 070411 070451 321204 DESCRIPTION Butcher's Command Center Speedball Heavy Duty Spray Cleaner #1. Case makes 21 gal. Two, IM-gallon kegs/cs Command Center #33 Morning Mist, Neutral Disinfectant Cleaner, 2/1.5 qal/cs Command Center #5 Raindance for glass and mirrors, 2/1.5 gal/cs Command Center Bathmate Ac id- Free Washroom Cleaner #16, case makes 39 gal 2/1-1/2 kegs per case #70 G-Force Multipurpose Cleaner. Environmentally preferable, biodegradable multipurpose cleaner. Provides superior cleaning characteristics with less impact on the environment. Safer to use for employees, occupants and the community. Meets standards of numerous federal, state and local government agencies. Dilution: Carpet: 1:4-1:256; Hard Floors: 1:64-1:128; Spray Cleaning: 1:4- 1:128. Folex Spotter. All purpose spotter for all types of spots. Can be used on carpet, walls, clothing, vinyl, woodwork and upholstery. 4/gl/cs WAXIE Gum Away II. For tables, chairs, floors, and other nonporous surfaces . Does not attack paints or varnishes and will not stain. 12/6 oz/cs Butcher's Hot Springs Cleaner, 4/gl/cs U/Mcs cs cs cs cs cs cs cs PRICE $167.34 $64.86 $155.82 $166.51 $72.31 $39.00 $23.88 $43 . 00 Bid 07-16 Custodial Maintenance Services - City of Carlsbad 37 380254 090101 750050 Lan-O-Tone Hand Soap with Almond Fragrance, 4/gl/cs WAXIE Full Strength Bleach, 6/gl/cs WAXIE Bar-Top Furniture Polish, Aerosol, 12/18.5 oz/cs CS CS CS $19.96 $8.10 $25.32 851178 851157 850560 850225 328014 1855 Clean & Soft White 2 -Ply Toilet Tissue, 80/550 sheets/cs Super Roll White 2-Ply Toilet Tissue, 8/1500' enMotion Automated Touchless System Towels, White, 6/800 ' /cs 20389 Crown White Multifold Towels, 12/334/cs #5 Raindance Low Foam Neutral Floor Cleaner / Contact Vendor for Information CS CS CS CS CS $35.75 $26.91 $46.00 $17.65 Contact Vendor 17.07 The CITY currently utilizes Waxie Sanitary Supply as our contracted Custodial Supply vendor. Waxie has agreed to provide the Custodial Services Contractor with the listed materials at the current CITY contract price, subject to annual adjustment limited to the Consumer Price Index increase for San Diego County. The Custodial Service Contractor is not mandated to utilize Waxie Sanitary Supply as the vendor for supplies, however any products proposed for use must meet all the specifications of the listed products and shall be "Equal" in quality. The CONTRACT ADMINISTRATOR shall be the sole judge of suitability of any submitted "Equal" product. The City may at any time, at its option, replace the current Custodial Supply Vendor and cannot guarantee that the costs of materials from alternate Custodial Supply vendors will not change. 17.08 The CONTRACTOR may contact the CITY'S custodial supply representative, Kelly Michelle Manning, Sanitary Maintenance Consultant, Waxie Sanitary Supply (858) 292-8111, ext. 442 with any questions regarding Waxie products. PART II TECHNICAL SPECIFICATIONS The CONTRACTOR will perform the following custodial maintenance services at the Facilities described in Section 2.0. excepting Carrillo Ranch. (See Section 25.00 through 27.00 for Carrillo Ranch Historic Buildings hours of operations and cleaning specifications) 18.00 DAILY ACTIVITIES Bid 07-16 Custodial Maintenance Services - City of Carlsbad 38 A. Locate Contractor checklist. Indicate time of arrival and proceed with all work items indicated as "Daily". 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. C. 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. D. Hand dust and/or damp wipe all ledges and flat surfaces below 72" from the floor. E. Remove all finger marks, smudges, and other marks around light switches, door knobs, entry doors, metal partitions and corridor walls. F. Clean out outside ashtrays at entrance. G. 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. H. 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. I. Dust mop all hard surface / tile floor surfaces; damp mop as required; sweep all stairways. J. Dust mop all wood floors, including gymnasium and activity room floors, at Harding Recreation Hall, Heritage Hall, Visitors' Bureau/Railroad Depot, Stagecoach Community Park and Calavera Hills Community Park Gymnasium floor mops must be rotated weekly to prevent slippery floors. Maintain separate dust mops for use only on gymnasium and activity room floors. 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 traffic areas of all carpets and rugs, including entrance rugs: spot clean carpets and rugs as needed. Note: City Facility Maintenance Personnel will schedule soil extraction on an annual basis. Bid 07-16 Custodial Maintenance Services - City of Carlsbad 39 M. Clean glass entrance doors, inside/outside, clean all mirrors; spot clean metal framing, as needed. N. Clean restrooms and showers: use germicidal detergent to clean all toilets and urinals, inside and outside including seats; clean and polish all flushometers, faucets and all exposed piping; 1. Clean all wash basins/sinks and wipe dry; clean and polish all basin fixtures and exposed pipes underneath; 2. Clean all mirrors, shelves under mirrors, and other shelves or brackets; 3. Spot clean partitions, doors, and wall areas, as needed; 4. Fill all paper and soap dispensers; wipe clean all dispensers and trash receptacles (no refill supplies shall be stocked in vicinity of dispenser); 5. Damp mop floor using germicidal detergent; wet mop ceramic tile and terrazzo tile. 6. Completely sanitize restroom and shower floors and walls at all facilities. 7. Fill checklist out completely, initial work performed and indicate time all work has been completed. O. Remove all recyclable items from the single stream recycling bin at each work station and deposit them in a centrally located receiving bin located at the facility being serviced. Removal or transportation of recycled materials from the facility being serviced is not required; 19.00 WEEKLY ACTIVITIES In addition to all items required under "Daily Activities": A. Vacuum all carpeted areas completely, including areas behind lobby and office furniture. A. Vacuum all carpeted areas completely, including areas behind lobby and office furniture. B. Vacuum all upholstered furniture; spot clean as needed. C. Damp mop all hard surface / tile and wood floors, including stairs, spray buff all hard surface / tile areas. Bid 07-16 Custodial Maintenance Services - City of Carlsbad 40 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. Remove all spider webs from ceilings and corners. 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. H. Sweep and mop storage rooms. I. Scrub all hard surface / tile floors and stairs; apply new floor finish at Harding Community Center Auditorium only. J. Buff all hard surface / tile floors at Harding Community Center only. K. Damp mop all wood floors, including gymnasium and activity room floors, Harding Recreation Hall, Heritage Hall, Visitors' Bureau/Railroad Depot, Stagecoach Community Park and Calavera Hills Community Park with Waxie Raindance Low Foam Neutral Floor Cleaner (or approved equal). Gymnasium floor mops must be rotated weekly to prevent slippery floors. L. Fill checklist out completely, initial work performed and indicate time all work has been completed. M. Secure all Contractor Checklists for the previous week and return to CONTRACTOR'S office. Contractor shall forward all completed checklists to the CONTRACT ADMINISTRATOR on a weekly basis. Failure to provide these required documents for each Facility will result in a 5% deduction, additive to all other deductions, to the CONTRACTOR'S payment for that Facility. 20.00 MONTHLY ACTIVITIES In addition to all items required under "Daily/Weekly Activities": A. Scrub all hard surface / tile floors and stairs; apply new floor finish, as needed and polish floors. B. Machine scrub all hard tile (ceramic, quarry, etc.) floors. Bid 07-16 Custodial Maintenance Services - City of Carlsbad 41 C. Buff all hard surface / tile floors. D. Dust all ceiling fans. E. Dust all partition tops, door tops, ceiling vents and light fixtures. F. Dust exposed pipes and overhead exposed mechanical equipment. G. Clean Visitors' Bureau/Railroad Depot windows, inside and outside. H. Clean and polish all metal kitchen appliances. A. Replace atomizers and batteries. (Provided by City) B. Fill checklist out completely, initial work performed and indicate time all work has been completed. 21.00 QUARTERLY ACTIVITIES To be performed on the first, fourth, seventh and tenth month of the contract A. Those items listed under daily, weekly and monthly maintenance. 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. F. Fill checklist out completely, initial work performed and indicate time all work has been completed. 22.00 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 ADMINISTRATOR. C. Strip, re-seal all hard tile (ceramic, quarry, vinyl, linoleum, etc.) floors. Bid 07-16 Custodial Maintenance Services - City of Carlsbad 42 D. Clean (wash) all window blinds. E. Clean all baseboards. F. Clean all exterior window screens. G. Strip and refmish all hard surface / 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.). H. Fill checklist out completely, initial work performed and indicate time all work has been completed. 23.00 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. B. Fill checklist out completely, initial work performed and indicate time all work has been completed. The CONTRACTOR will perform the following custodial maintenance services at the park restrooms described in Section 2.0. Service for all restrooms other than Carillo Ranch shall occur seven (7) days per week. Service for Carrillo Ranch shall be three (3) days per week Friday, Saturday and Sunday. Hours of work for Carrillo Ranch ONLY shall be between the hours of 6:00 a.m and 8:30 a.m. 24.00 DAILY ACTIVITIES A. Locate Contractor checklist. Indicate time of arrival and proceed with all work items indicated as "Daily". B. 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; 2. Clean all mirrors, shelves under mirrors, and other shelves or brackets; Bid 07-16 Custodial Maintenance Services - City of Carlsbad 43 3. Spot clean partitions, doors, and wall and ceiling areas, as needed; 4. Fill all paper and soap dispensers; wipe clean all dispensers and trash receptacles (no refill supplies shall be stocked in vicinity of dispenser); 5. Damp mop floor using germicidal detergent; wet mop ceramic tile and terrazzo tile. 6. Completely sanitize restroom and shower floors and walls at all facilities. C. 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. D. Secure all Contractor Checklists for the previous week and return to CONTRACTOR'S office. Contractor shall forward all completed checklists to the CONTRACT ADMINISTRATOR on a weekly basis. Failure to provide these required documents for each Facility will result in a 5% deduction, additive to all other deductions, to the CONTRACTOR'S payment for that Facility. SECTION 25.00 THROUGH 27.00 CARRILLO RANCH The CONTRACTOR will perform the following custodial maintenance services at Carrillo Ranch Historic Buildings (Outdoor Areas) described in Section 2.0. three (3) days per week, Friday, Saturday and Sunday. Service for all outdoor areas shall be performed between the hours of 6:00 a.m and 8:30 a.m. Services performed inside Carrillo Ranch Buildings (Visitors Center, Deedie's House & the Hacienda) shall begin at exactly 8:30 a.m. and shall be completed as soon as possible, preferably by 9:00 a.m. Interior cleaning of the Carrillo Ranch Buildings shall be performed on Friday only. Bidders are advised that the Carrillo Ranch Buildings are historic structures with irreplaceable contents. Services inside the Buildings may only be performed when CITY staff is present and no keys to these facilities will be provided to the CONTRACTOR. 25.00 DAILY ACTTVITIES A. Locate Contractor checklist. Indicate time of arrival and proceed with all work items indicated as "Daily". B. Thoroughly sweep and mop the outdoor patios and walkways at the Visitor's Center and the Hacienda. Bid 07-16 Custodial Maintenance Services - City of Carlsbad 44 C. Clean out outside ashtrays at entrance. D. Fill checklist out completely, initial work performed and indicate time all work has been completed. 26.00 WEEKLY ACTIVITIES In addition to all items required under "Daily Activities": A. Hand dust and/or damp wipe without streaking all flat surfaces, including but not limited to, counters, receptionist counters/desks and furnishings such as cabinets, desk chairs, tables, bookcases; hand dust and/or damp wipe without streaking all other types of furnishings such as telephones, lamps, thermostats, fire extinguishers; personal desk tops shall be excluded unless the employee has cleared the desk top and requested cleaning. B. Hand dust and/or damp wipe all ledges and flat surfaces below 72" from the floor. C. Clean all stainless steel countertops, sink and cabinets in Hacienda kitchen; wipe down surface of kitchen appliances (stove, refrigerator). D. Sweep and damp mop all hard surface / tile and wood floors. E. Secure all Contractor Checklists for the previous week and return to CONTRACTOR'S office. Contractor shall forward all completed checklists to the CONTRACT ADMINISTRATOR on a weekly basis. Failure to provide these required documents for each Facility will result in a 5% deduction, additive to all other deductions, to the CONTRACTOR'S payment for that Facility. 27.00 OUARTERLYACTIVITIES To be performed on the first, fourth, seventh and tenth month of the contract A. Those items listed under daily and weekly maintenance. B. Clean all windows screens. C. Clean all windows inside and outside. D. Clean/wipe down all interior walls. E. Dust all baseboards, picture frames and other vertical surfaces of all office furniture; dust all molding, ledges, partitions, light fixtures, trim ventilators, louvers and air registers regardless of height above floor. Remove all spider webs Bid 07-16 Custodial Maintenance Services - City of Carlsbad 45 from ceilings and corners. Work items in section 24.00 E is to be performed inside each building and on all outside patios. F. Fill checklist out completely, initial work performed and indicate time all work has been completed. Bid 07-16 Custodial Maintenance Services - City of Carlsbad 46 EXHIBIT B CONTRACTOR'S WORK FORCE Bid No, 07-16 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, perform Extra Work, and the like. 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 title(s) corresponding to this form. A. POSITION TITLE B, MINIMUM QUALIFICATIONS C. TOTAL ANNUAL HOURS -v \ A q \ <\2 050 9k 2DBO Bid 07-16 Custodial Maintenance Services - City of Cerlsba<5 EXHIBIT B Page 2 CONTRACTOR'S WORKFORCE (Continued) A. POSITION TITLE B. MINIMUM QUALIFICATIONS C. TOTAL ANNUAL HOURS \ as a o\us' \OHO 5. (or \eodrmrO 6.X pereno- pVo^ 8, 10. Bid 07-3.6 Custodial sdaintenance Servi-ces - City of Carlsbad EXHBITB PageS CONTRACTOR'S WORK FORCE (Continued) D. Other Staff Support Title 'none. 2. 3, 4. 5. Description / Qualifications E. Description of CONTRACTOR'S employee training program C., -.^-v- i^. i. ,- ..-x ,~ /Av— /-i Jl r C i /"•„ iAv~i<Vis>r4 "*\>rni\»r\4Cs v-" \Al\tl (A*=>1<— -w) do x'A Ca^e. w\ for e Bid 07-16 Custodial Maintenance Services - City of Carlsbad EXHIBIT C LISTING OF SUBCONTRACTORS Bid No, 07-16 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: NAME UNDER WHICH SUB- CONTRACTOR IS LICENSED isjok}£ LICENSE NUMBER AND CLASS ADDRESS AND TELEPHONE TYPE AND PORTION OP WORK SUBCONTRACTOR WILL DO Bid C7-16 Custodial Maintenance Services - City of Carlsbad EXHIBIT D CONTRACTOR'S EQUIPMENT Bid No. 07-16 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 the 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. EQUIPMENT ITEM DESCRIPTION L <EQfVrta\r@ ta" vacoonr\ x &)rf\\ttoor - 20" x \<;00R\W 3- Kiss CxxCoo^ Hu A 2-0" l~ Icor OrvxcVN \ v\€L, 4' r\C\UCA C\COA C^Or-JcTAtole ex^Y-ac^or ^ 5'PrG^ea<V\ CjAja^ecXJCXC 6. B. QUANTITY \a 3 5 3 G? c. TOTAL ANNUAL HOURS ^ooo 1OOC \ooo ICOC "X)0 D. HOURLY RENTAL RATE — _— — _ — . Bid C7-16 Custodial Maintenance Services - City of Carlsbad EXHIBT E CONTRACTOR'S ESTIMATE of MATERIALS and SUPPLIES Bid No. 07-16 The CONTRACTOR shall set forth in Attachment F to the proposed CONTRACT: A, All material and supply items, having an aggregate value in excess of $500, that the CONTRACTOR will use to provide the described services. B, Quantity of each listed item to be used annually in the performance of the described services. C, The total estimated annual cost of each material or supply item that the CONTRACTOR proposes to commit to the performance of the described services, 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 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 E - Additional Information" A. MATERIAL OR SUPPLY ITEM DESCRIPTION 1. YvjVvVe 2.- 9^ \O\\eV~TvSG«AQ- 8C / 6SC; ^f\os^> i 05» 2- 'b-opt^c ^o\\ u-jru-ve 2.- P\VJ To ( \s> \ \SSXAC , t> i t St>O 3- MxiW\e rvxuv^^bvcA --\ievKje\5 \i i 2>3M ! cs 4' /W-VomaW Too^v^\t&5> •tevj^s^ ,- \a / zw I c<; ' $ec& <TOsie>rs s, coo /rs .ifto / p K.61ra^V^ \\vSers l^5xHo 'oCO/ pacVc. B. ANNUAL QUANTITY viO \K) GO •^0 40 5O c. ANNUAL COST * H a°O * '3^20 4\0<5q ^1-gMO $ \DOC- $ \\OO Bid 07-56 Custodial Maintenance Services - City of Carlsbad AttachmentF Page! CONTRACTOR'S ESTIMATE of MATERIALS and SUPPLIES (Continued) A, MATERIAL OR SUPPLY ITEM DESCRIPTION 7- ~\rosJn V-vn©r%£Mx aU - arm/pr,rK 8, 9. 10. 11. 12, 13, 14. 15. 16. 17. 18. 19, 20. B. ANNUAL QUANTITY 50 c. ANNUAL COST Hl&G Bi<3 07-16 Custodial Maintenance Services - City of Carlsbad Appendix C SENATE BILL 20 - DISPLACED JANITOR OPPORTUNITY ACT LABOR CODE SECTIONS 1060-1065 Bid 07-16 Custodial Maintenance Services - City of Carlsbad Appendices 61 LABOR CODE SECTION 1060-1065 1060. The following definitions shall apply throughout this chapter: (a) "Awarding authority" means any person that awards or otherwise 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 into a service contract with the awarding authority. (c) "Employee" means any person employed as a service employee of 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, proprietorship, 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 who 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 after 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. 1061. (a) (1) If an awarding authority notifies a contractor that the service contract between the awarding authority and the contractor has been terminated or will be terminated, the awarding authority shall indicate in that notification whether a successor service contract has been or will be awarded in its place and, if so, shall identify the name and address of the successor contractor. The terminated contractor shall, within three working days after receiving that notification, provide to the successor contractor identified by the awarding authority, the name, date of hire, and job classification of each employee employed at the site or sites covered by the terminated service contract at the time of the contract termination. (2) If the terminated contractor has not learned the identity of the successor contractor, if any, the terminated contractor shall provide that information to the awarding authority, which shall be responsible for providing that information to the successor contractor as soon as that contractor has been selected. Bid 07-16 Custodial Maintenance Services - City of Carlsbad Appendices 62 (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 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 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 contract. This requirement shall be stated by awarding authorities in all initial bid packages that are governed by this chapter. (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 that 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. (c) The successor contractor or successor subcontractor, upon 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 by the successor contractor or successor subcontractor, stating the reason these employees were not retained. (d) During the 60-day transition employment period, the successor contractor or successor subcontractor shall maintain a preferential 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. (e) During the initial 60-day transition employment period, the 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 Bid 07-16 Custodial Maintenance Services - City of Carlsbad Appendices 63 employment period shall be at-will employment under which the employee may be terminated without cause. 1062. (a) An employee, who was not offered employment or who has 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: (1) The average regular rate of pay received by the employee during the last three years of the employee's employment in the same occupation classification multiplied by the average hours worked during the last three years of the employee's employment. (2) The final regular rate of pay received by the employee at the time of termination of the predecessor contract multiplied by the number of hours usually worked by the employee. (b) The court may order a preliminary or permanent injunction to stop the continued violation of this chapter. (c) If the employee is the prevailing party in the legal action, 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. 1063. (a) This chapter only applies to contracts entered into on or after January 1, 2002. (b) Except for the obligations specified in subdivisions (a) and (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. (c) Nothing in this chapter limits the right of a property owner 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. Bid 07-16 Custodial Maintenance Services - City of Carlsbad Appendices 64