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HomeMy WebLinkAbout2017-05-09; City Council; ; Adopt a Resolution accepting bids and awarding an agreement for citywide custodial services to Prizm Janitorial Services, Inc. for an amount not to exceed $2,701,583.28 over a six-year termCA Review t/J ~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: Subject: May 9, 2017 Mayor and City Council V Kevin Crawford, City Manager\" Michael O'Brien, Public Works Supervisor michael.obrien@carlsbadca.gov or 760-434-2996 Adopt a Resolution accepting bids and awarding an agreement for citywide custodial services to Prizm Janitorial Services, Inc. for an amount not to exceed $2,701,583.28 over a six-year term. Recommended Action Adopt a Resolution accepting bids and awarding an agreement for citywide custodial services to Prizm Janitorial Services, Inc. for an amount not to exceed $2,701,583.28 over a six-year term. Executive Summary The City of Carlsbad currently contracts for custodial services for several city facilities with NOVA Commercial Company, Inc. NOVA Commercial Company, Inc. is terminating its contract early. Staff is recommending entering into a new agreement with Prizm Janitorial Services, Inc. for custodial services at 19 city facilities and 17 city park restrooms. Discussion Custodial services are provided using a combination of city staff and contract services. City custodial staff are generally assigned to maintain facilities that have a greater degree of customer usage or require additional security such as the libraries, City Hall, administrative services offices and the Safety Center. Contracted custodial services are utilized for all other city facilities. The current agreement for custodial services with NOVA Commercial Company, Inc. was scheduled to expire on Sept. 8, 2017. On Jan. 27, 2017, pursuant to the terms of the aforementioned agreement, NOVA Commercial Company, Inc. submitted a 90-day termination notice indicating they intend to discontinue service effective April 27, 2017. NOVA Commercial Company, Inc. subsequently indicated it would provide services through May 27, 2017. On June 8, 2016, the Purchasing Department published Request for Bid (RFB) 16-10 inviting bids for the city's custodial maintenance services. Four bids were received, opened, witnessed, and recorded on June 30, 2016. In accordance with the city's Purchasing Policies and Procedures Manual the bids received were evaluated in accordance with the best value process. The bids were evaluated against the following best value criteria: technical experience, cost, inspection process, qualifications of the team, qualifications of the company and value added. Through the evaluation process, Prizm Janitorial Services, Inc. was rated the top firm in four of the six criteria, and they tied for the top ranking in the remaining two of the six criteria. Staff recommends awarding a multi-year agreement to Prizm Janitorial Services, Inc. for custodial services. Item #4 May 9, 2017 Page 1 of 70 Fiscal Analysis Staff recommends awarding a two-year agreement with the option of extending the agreement for up to two additional two-year extensions. The amount of the agreement is not to exceed $375,263.88 for the first year of the agreement, and annual increases are limited to $30,000 per each subsequent year to the agreement. These subsequent increases will be used to cover increases in materials costs, additional locations, and the projected increase in minimum wage. Total compensation under this agreement shall not exceed $2,701,583.28 for six years. The maximum annual agreement cost for contracted custodial services is shown in the following table: Term Agreement Year Annual Agreement Amount 1 2017-2018 $375,263.88 2018-2019 $405,263.88 2 2019-2020 $435,263.88 2020-2021 $465,263.88 3 2021-2022 $495,263.88 2022-2023 $525,263.88 TOTAL $2,701,583.28 The custodial agreement has traditionally been funded by the Facilities Maintenance Operating Budget for facilities custodial services, and the Parks Maintenance Operating Budget for the park blockhouse restrooms. Sufficient funds are available in the Facilities Maintenance Operating Budget and the Parks Maintenance Operating Budget to fund the agreement for the remainder of the current fiscal year. Future years' funding will be requested during the city's annual budgeting process. The proposed agreement also includes performance disincentives for failure to perform the routine services to the standards specified in the agreement. Monthly inspection forms are used to document substandard work as identified, and pricing will be reduced per location accordingly. If this occurs, it may result in a decrease in service costs to the city. Next Steps If approved, and once the agreement is fully executed and a purchase order is issued, a Notice to Proceed will be issued and Prizm Janitorial Services, Inc. will begin performing custodial services at city facilities and city park restrooms. Environmental Evaluation (CEQA) Pursuant to Public Resources Code Section 21065, the award of contract for custodial maintenance services does not qualify as a "project" within the meaning of the California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Item #4 May 9, 2017 Page 2 of 70 Public Notification None required. Exhibits 1. Resolution accepting bids and awarding an agreement for citywide custodial services to Prizm Janitorial Services, Inc. for an amount not to exceed $2,701,583.28 over a six-year term. Item #4 May 9, 2017 Page 3 of 70 RESOLUTION NO. 2017-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS AND AWARDING AN AGREEMENT FOR CITYWIDE CUSTODIAL SERVICES TO PRIZM JANITORIAL SERVICES, INC., FOR AN AMOUNT NOT TO EXCEED $2,701,583.28 OVER A SIX-YEAR TERM. EXHIBIT 1 WHEREAS, the City of Carlsbad requires the services of a custodial services contractor; and WHEREAS, on June 8, 2016, the Purchasing Department published Request for Bid (RFB) 16-10 inviting bids for the city's custodial maintenance services; and WHEREAS, on June 30, 2016, the city received, opened, witnessed, and recorded receipt of sealed bids from four contractors; and WHEREAS, In accordance with the city's Purchasing Policies and Procedures Manual the four bids were evaluated using the best value process; and WHEREAS, the evaluation process ofthe four bids received resulted in a determination that the bid received from Prizm Janitorial Services, Inc. provided the best value to the city and met all the needs and objectives of the proposed custodial maintenance services agreement; and WHEREAS, staff recommends award of an agreement for citywide custodial services to Prizm Janitorial Services, Inc. in an amount not to exceed $375,263.28 in the initial agreement year, and not to exceed $2,701,583.28 over the maximum six-year term (Agreement); and WHEREAS, staff recommends City Council authorize the city manager to approve amendments to extend the Agreement not to exceed annual increases of $30,000 in each subsequent agreement year, to adjust for increases in the San Diego County Consumer Price Index and to add facilities to the scope of work as construction of additional facilities is completed and accepted by the city; and WHEREAS, sufficient funds are available in the Facilities Maintenance and Parks Maintenance Operating Budgets to fully fund the remainder of the current fiscal year, and funding for subsequent years will be requested during the city's annual budget process. 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 received from Prizm Janitorial Services, Inc. is hereby accepted and the Mayor is authorized and directed to execute the Agreement with Prizm Janitorial Services, Inc. which is attached hereto as Attachment A. Item #4 May 9, 2017 Page 4 of 70 EXHIBIT 1 3. That the city manager is hereby authorized to execute amendments to the Agreement to extend the Agreement not to exceed annual increases of $30,000 in each subsequent agreement year. 5. That the award of this agreement is contingent upon Prizm Janitorial Services, Inc. executing the Agreement and submitting the required bonds and insurance policies, as described in the Agreement, within 20 days of adoption of this Resolution. The city manager may grant reasonable extensions of time. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of May, 2017, by the following vote, to wit: AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. NOES: None. ABSENT: None. M1M!!J v~{J.I\ BARBARA ENGLESON, City Clerk (SEAL) Item #4 May 9, 2017 Page 5 of 70 GS1542 AGREEMENT FOR CUSTODIAL MAINTENANCE SERVICES PRIZM JANITORIAL SERVICES, INC. AGREEMENT is made and entered into as of the \ l tfl day of -----l_....l~-4----------' 2017, by and between the CITY OF CARLSBAD, a municipal corporation, "City"), and PRIZM JANITORIAL SERVICES, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in custodial maintenance services. B. Contractor has the necessary experience in providing professional services and advice related to custodial maintenance services. C. 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 two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional two (2) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE 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 up to three hundred seventy five thousand two hundred sixty three dollars eighty eight cents ($375,263.88) in the first year and an amount not to exceed an increase of thirty thousand dollars ($30,000.00) per each subsequent year to the Agreement. Total Compensation under this Agreement shall not exceed two million seven hundred one thousand five hundred eighty three dollars twenty eight cents ($2,701 ,583.28). 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 (1 0%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 4/1/15 Item #4 May 9, 2017 Page 6 of 70 GS1542 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". If an increase in compensation for service in succeeding option years is requested, the Contractor must provide detailed supporting documentation to justify the requested rate increase. The requested increase will be evaluated by the City, and the City reserves the right to accept or reject the Contractor's requested compensation increase. This Agreement's annual compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the San Diego Consumer Price Index changes over the previous year. Requests for price changes must be made by the Contractor in writing sixty (60) days before the end of the then-current agreement year and is subject to negotiation or rejection by the City. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. 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. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct 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' City Attorney Approved Version 4/1 /15 2 Item #4 May 9, 2017 Page 7 of 70 GS1542 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. 10. 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-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager 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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability Insurance. $2,000,000 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. 10.1.2 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. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. City Attorney Approved Version 4/1 /15 3 Item #4 May 9, 2017 Page 8 of 70 GS1542 10.2.3 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. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 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. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. 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. 12. 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. 13. 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. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. City Attorney Approved Version 4/1 /15 4 Item #4 May 9, 2017 Page 9 of 70 GS1542 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Michael O'Brien Title Public Works Supervisor Department Public Works City of Carlsbad Address 405 Oak Avenue Carlsbad, CA 92008 Phone No. 760-434-2996 For Contractor Name Johnson Le Title Project Manager Address 555 Country Club Lane #C-196 Escondido, CA 92026 Phone No. 858-717-1092 Email prizmjani@att.net 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. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. 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 whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. 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 City Attorney Approved Version 4/1 /15 5 Item #4 May 9, 2017 Page 10 of 70 GS1542 upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. 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 thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. 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. 22. 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. 23. JURISDICTION 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. City Attorney Approved Version 4/1 /15 6 Item #4 May 9, 2017 Page 11 of 70 GS1542 24. 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 nor 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. 25. 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 4/1/15 7 Item #4 May 9, 2017 Page 12 of 70 GS1542 26. 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 (print name/title) fl here) o~I\Svn LL -~:ecr<.t · rl/\ (print name/title) _) CITY OF CARLSBAD, a municipal corporation of the State of California Mayor ATTEST: BARBARA ENGLESON City Clerk 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 officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~ Deputy City Attorney City Attorney Approved Version 4/1/15 8 Item #4 May 9, 2017 Page 13 of 70 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On , before me,· ZHI LIU,,. Notary Public (insert name and title of the officer) personally appeared )oh YJ 5 o 1 LE .· who proved to me on the basis of s.atisfactory evidence to be the person~ whose name~ is/ai:e subscribed to the within instru.menfand acknowledged to rne that he/SAe/tb.ey executed the same in his/ber/tl)f.ak authorized capacity(ieaj, and that by his/her/their signature(.aj-on the instrument the person(.s}. or the entity upon behalf of which the person(..s)..acted, executed the instrument. l certify under PENAL TY OF PERJURY.under the laws of tl)e State of California that the foregoing paragraph is true and correct. 19~ ... • ZHl.l..iU 1 .-• COMM. #2020661 o ~ .. ,,; NOTARY PUBLIC-CALIFORNIA {I) U , · SAN DIEGO COUNTY ~ I · My Commissl'?n Expires J -_ APRIL 1912017 _ . 0 (Seal) Item #4 May 9, 2017 Page 14 of 70 EXHIBIT "A" SCOPE OF SERVICES BID FORM PROPOSED COST OF SERVICES BID #16-10 CUSTODIAL MAINTENANCE SERVICES FACILITY SCHEDULE A (DAYTIME: 6:00 a.m. -2:30 p.m.) Library Learning Center 3368 Eureka Place GS1542 City Attorney Approved Version 4/1/15 9 Item #4 May 9, 2017 Page 15 of 70 GS1542 A12 $27,922.44 TOTAL SQUARE FEET 132,907 SQFT. BUILDINGS+ 1,818 SQFT. WALKWAYS Schedule A Sub-total amount of bid including items A 1 -A21 in words: Three Hundred Twenty Thousand Nine Hundred Forty Dollars Seventy Two Cents Schedule A Sub-total amount of bid, including items A1-A21 in numbers: $320,940.72 City Attorney Approved Version 4/1 /15 10 Item #4 May 9, 2017 Page 16 of 70 BID FORM BID #16-10 CUSTODIAL MAINTENANCE SERVICES PARK RESTROOM SCHEDULE B (10:00 P.M. -12:00 a.m. AND OR 04:00 -08:00 a.m.) GS1542 City Attorney Approved Version 4/1/15 11 Item #4 May 9, 2017 Page 17 of 70 814 Poinsettia Park (2) 6600 Hidden Valle 856 Sun -Sat (7) TOTALSQUAREFEET ~109 $266.29 $3, 195.48 Schedule 8 Sub-total amount of bid including items 81 through 817 in words: Fifty Four Thousand Three Hundred Twenty-Three Dollars Sixteen Cents GS1542 Schedule 8 Sub-total amount of bid, including items 81 through 817 in numbers:$54,323.16 City Attorney Approved Version 4/1/15 12 Item #4 May 9, 2017 Page 18 of 70 GS1542 EXHIBIT A MANNER OF PERFORMING SERVICES PARTI GENERAL SPECIFICATIONS 1.00 GENERAL REQUIREMENTS 1.01 The premises shall be maintained with a 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, strip & waxing and cleaning offices, removing trash and recycling, cleaning 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. 1.05 CONTRACTOR shall, during the term of this CONTRACT, respond to all callbacks to the satisfaction of the CONTRACT ADMINISTRATOR, within two (2) hours of notification. 1.06 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, including burnt out light fixtures within twenty-four (24) hours. The CITY will remove and/or repair reported graffiti, vandalism, damaged equipment, signs or hazards. 1.07 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 B. "1061.(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 City Attorney Approved Version 4/1 /15 13 Item #4 May 9, 2017 Page 19 of 70 GS1542 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. .. " 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. 1.08 Specifications showing general outline and details necessary for a comprehensive understanding of the work, form a part of the Contract Documents. All work under the Contract Documents shall be performed in all respects in strict compliance with the requirements of the specifications set forth. The specifications and all other provisions of the Contract Documents are essential parts of the CONTRACT and a requirement occurring in one is binding as though occurring in all. 1.09 The CONTRACTOR shall supply at its cost a company picture ID card that the contracted staff shall wear onsite during their scheduled shift. 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 Alga Norte Arts Office Calavera Community Center CIT Trailer Granary Harding Community Center Heritage Hall Holiday House Kruger House Leo Carrillo Ranch Library Learning Center Magee House Municipal Water District Parks Administration Parks Modular/Break Room Railroad Depot Scout House Stagecoach Community Center Streets & Facilities Admin 14 6565 Alicante Rd 2955 Elmwood Ave 2997 Glasgow Drive 3330 Harding Street 2659 Garfield Street 3096 Harding Street 2650 Garfield Street 3235 Eureka Place 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 400 Carlsbad Village Drive 3225 Eureka Place 3420 Camino de las Caches 405 Oak Avenue City Attorney Approved Version 4/1/15 Item #4 May 9, 2017 Page 20 of 70 Park Restrooms Alga Norte (3) Aviara Community Park (2) Beach Bluff Calavera Park Blockhouse Chase Field Hidden Canyon Holiday Park (2) La Costa Canyon Park Laguna Riviera Park Leo Carrillo Ranch (2) Magee Park Pine Park Poinsettia Park (2) Skate Park Stagecoach Park (2) Tamarack Calavera Trail Park 6565 Alicante Rd 6435 Ambrosia Lane Carlsbad Blvd & Oak Ave 2997 Glasgow Drive 3349 Harding Street 2685 Vancouver 3235 Eureka Place La Costa Ave at Pueblo & Rana Kelly and Park Drive 6200 Flying LC Lane 258 Beech Avenue 3500 Harding 6600 Hidden Valley Road 2560 Orion Way 3420 Camino de Los Caches Tamarack and Carlsbad Blvd Calavera Park North Trailhead GS1542 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. 2.03 CONTRACTOR shall be available for On Call I Emergency Call Back for any cleanings needs at any CITY owned facilities. Response time shall be no more than two (2) hours and paid at the rate listed in the CONTRACTOR'S Bid Proposal. 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 reports and line item invoicing for products used to service this CONTRACT 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 all applicable reports and attachments have been submitted in accordance with the provisions of this CONTRACT. City Attorney Approved Version 4/1 /15 15 Item #4 May 9, 2017 Page 21 of 70 GS1542 3.02 Monthly invoices shall be prepared and submitted in the following format: Invoice 1: Location ALGA NORTE COMMUNITY CENTER ARTS OFFICE CALAVERA COMMUNITY CENTER CIT TRAILER GRANARY HARDING COMMUNITY CENTER HERITAGE HALL HOLIDAY HOUSE KRUGER HOUSE LEO CARRILLO RANCH LIBRARY LEARNING CENTER MAGEE HOUSE MUNICIPAL WATER DISTRICT PARKS ADMINISTRATION PARKS MODULAR/BREAK ROOM RAILROAD DEPOT SCOUT HOUSE STAGECOACH COMMUNITY CENTER STREETS & FACILITIES ADMIN TOTAL MONTHLY COST Invoice 2: Location Account Number ALGA NORTE COMMUNITY CENTER AVIARA COMMUNITY PARK (2) BEACH BLUFF CALAVERA PARK BLOCKHOUSE CHASE FIELD HIDDEN CANYON PARK HOLIDAY PARK (2) LA COSTA CANYON PARK LAGUNA RIVIERA PARK LEO CARRILLO (2) MAGEE PARK PINE PARK POINSETTIA PARK (2) SKATE PARK STAGECOACH PARK (2) TAMARACK CALAVERA TRAIL TOTAL MONTHLY COST Monthly Cost $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) Monthly Cost $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) $(AMOUNT) 3.03 Invoices for approved On Call I Emergency Call Back and Extra Work shall be in a format acceptable to the CONTRACT ADMINISTRATOR, including attachments, such as copies of suppliers' invoices, which the CONTRACT ADMINISTRATOR may require to verify CONTRACTOR's billing. Invoices for Extra Work shall be City Attorney Approved Version 4/1/15 16 Item #4 May 9, 2017 Page 22 of 70 GS1542 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 her 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. 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 City will evaluate the requested increase, 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 and in consideration of 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. 4.00 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 evaluated by said system and bound by the ratings and/or deductions from payments indicated in the monthly INSPECTION RATING SYSTEM report. Each location specific INSPECTION RATING SYSTEM has a max point score of 100. To avoid deductions from payment, CONTRACTOR must receive a rating of 95 or higher City Attorney Approved Version 4/1 /15 17 Item #4 May 9, 2017 Page 23 of 70 GS1542 per facility as described in Section 2.01. A score of 94 will result in 6% deduction. Each additional point deduction after 94 will result in an additional 1 % deduction per point from payment. 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 written notice describing the reasons for said action. Work will be considered not to have been performed when any of the following but not limited to conditions exists: • The work tasks in an area were not performed in strict accordance with the performance standards. • Work tasks were not performed in their entirety. • The specified equipment, tools and chemicals were not used or were not in good operating condition. • The tasks were not performed within the scheduled work shift or within the specified timeframe. The monthly INSPECTION RATING SYSTEM report shall constitute reason for any deductions so imposed. 4.04 In the event of non-performance of work by the CONTRACTOR, the CONTRACT ADMINISTRATOR will have the right to exercise one of the following options: • The CONTRACTOR shall within two (2) hours correct such non- performance upon notification by the CITY and the CITY shall make no deductions for that non-performance. • The CITY shall correct the non-performance by using another Contractor, or by other means it deems necessary and reasonable. Direct costs incurred by the CITY for the performance of such work shall be deducted from payments made to the CONTRACTOR. • The CITY shall allow the non-performance to remain uncorrected and shall make a deduction from payments to the CONTRACTOR in accordance with the following paragraphs in the section: In addition to the INSPECTION RATING FORM deductions, non-performance deductions will be applied to any situation that inhibits performance of the CONTRACT. Deductions include, but are not limited to, non-compliance with the Scope of Work, Specifications and/or Special Conditions requirement of this CONTRACT that results in failure to perform such as the following: • For any Failure to adequately comply in meeting the requirements of providing adequate and competent management, the CONTRACTOR shall be liable for a deduction of $500.00 for each and every deficiency deducted from the total charge for that month during which the deficiency occurred. City Attorney Approved Version 4/1/15 18 Item #4 May 9, 2017 Page 24 of 70 GS1542 • For any Failure to adequately comply in meeting the requirements of providing adequate and competent supervision, the CONTRACTOR shall be liable for a deduction of $250.00 for each and every deficiency deducted from the total charge for that month during which the deficiency occurred. • For any Failure to adequately comply in meeting the requirements of providing adequate and competent workers, the CONTRACTOR shall be liable for a deduction equivalent to one full day's work (reference CONTRACTOR'S Bid Pricing for monthly rates) for each and every deficiency deducted from the total charge for that month during which the deficiency occurred. 4.05 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. 4.06 Failure of the CONTRACT ADMINISTRATOR during the process of the Agreement to discover or reject unacceptable work, or work not in accordance with the Agreement, shall not be deemed an acceptance thereof nor a waiver of the CITY's right to a proper execution of the Agreement or any part of it by the CONTRACTOR. 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 monthly for the initial year of the CONTRACT then thereafter 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 make sufficient daily inspections to ensure the work is performed as specified. The CONTRACTOR shall inspect all tools, equipment and chemicals to ensure they are clean, in good working order and meet the specifications of this CONTRACT. If they do not meet the specifications the CONTRACTOR shall replace them with new or workable tools, equipment and chemicals. CONTRACTOR shall maintain written record of tools, equipment and chemicals discrepancies, and upon request, provide written records to the CONTRACT ADMINISTRATOR. City Attorney Approved Version 4/1/15 19 Item #4 May 9, 2017 Page 25 of 70 GS1542 5.05 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. 5.06 The Contracted staff shall locate and complete the Cleaning Checklist daily (see sample in Appendix A) and the CONTRACTOR shall submit with requests for payment. Failure to submit will result in non-payment. 5.07 The Contracted staff shall complete and maintain Time Tracker sheets per employee (see Appendix C) and, upon request, remit to the CONTRACT ADMINISTRATOR. . Failure to submit will result in non-payment. 6.00 PERFORMANCE MEASUREMENT PLAN 6.01 CONTRACTOR'S Performance Management Procedures must be detailed and samples of reports, logs, tools, etc., of said performance management should be included in the Proposal. Shift reports, sign-off sheets or the like, documenting specific work performed during that period and detailing any required reporting and/or problems encountered shall be submitted by the CONTRACTOR'S supervising staff to the CONTRACT ADMINISTRATOR. These reports verifying that work has been performed, in the designated location and during the designated period, in an acceptable manner must be signed by the CONTRACT ADMINISTRATOR or designee or the CONTRACTOR will not be paid. All reports, logs, tools, etc. shall be maintained and submitted in writing or in a City approved electronic format. 6.02 In addition to the above reports, the Performance Management Procedures Program shall be capable of generating monthly Inspection Summary Reports. The inspection summary report(s) shall provide a summary of all inspections for the locations serviced in the CITY and shall include the total number of inspections performed during any given month, the frequencies if discrepancies by type and associated correction timeframes, number and types of maintenance observations reported during said period and all other relevant summary data. 6.03 CONTRACTOR's authorized Manager and designated Supervisory Staff shall meet monthly with the CONTRACT ADMINISTRATOR and/or designee to review Contract Performance. CONTRACTOR's equipment and chemicals will be reviewed by the CONTRACT ADMINISTRATOR or designee on a regular basis to assure compliance and proper function. The CONTRACTOR will be required to modify, change and improve equipment and supplies as indicated by these inspections. 6.04 The CONTRACTOR shall conduct performance evaluations on the contracted staff and be available for review by the CONTRACT ADMINISTRATOR after the first 30 days, 60 days, 90 days and 120 days of the initial contract year. Further City Attorney Approved Version 4/1 /15 20 Item #4 May 9, 2017 Page 26 of 70 GS1542 evaluations shall be requested at the discretion of the CONTRACT ADMINISTRATOR for the life on the CONTRACT. Contracted staff that does not meet the CONTRACT specifications shall be terminated from the CONTRACT. 6.05 All functions of the Performance Management Procedures Program shall be available to the CONTRACT ADMINISTRATOR or designee. 7.00 EXTRA WORK 7.01 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 The Scope of Services. 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 separate agreement between the CONTRACT ADMINISTRATOR and the CONTRACTOR or on a NEGOTIATED PROPOSAL AND ACCEPTANCE or on a TIME AND MATERIALS basis in accordance with The Scope of Services and Section 8.00. 7.02 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. 7.03 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. 7.04 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. 7.05 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. City Attorney Approved Version 4/1/15 21 Item #4 May 9, 2017 Page 27 of 70 GS1542 7.06 All Extra Work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 8.00 NEGOTIATED PROPOSAL AND ACCEPTANCE 8.01 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 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. 8.02 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 CONTRACTOR'S proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. 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 TIME AND MATERIALS 9.01 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. 9.02 The CONTRACT ADMNISTRATOR 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 ......... . 2) Materials ................. . Hourly As Stipulated in Bid Item A-20. 15 3) Equipment Rental ................. . 15 4) Other Items and Expenditures .. . 15 9.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 10.00 AS NEEDED SERVICES FOR SPECIAL EVENTS 10.01 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 City Attorney Approved Version 4/1/15 22 Item #4 May 9, 2017 Page 28 of 70 GS1542 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 The Scope of Services. 10.02 Work items performed under this section include but not limited to all items indicated in the Scope of Services for Facilities/Park Restrooms and as directed by the CONTRACT ADMINISTRATOR. All other quality/materials requirements stipulated in this AGREEMENT apply to work performed under this section. 10.03 All work shall commence on the specified date/time established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 11.00 CONTRACTOR'S DAMAGES 11.01 All damages or losses incurred or breach of security to existing facilities by the CONTRACTOR's operation due to errors, mistakes, malfeasance or misfeasance or any other reason by the CONTRACTOR'S employees 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. 12.00 COMMUNICATIONS AND EMERGENCY RESPONSE 12.01 Report any emergency of a safety, security or health problem to the CITY Police Dispatcher (760-931-2197) immediately for reasons 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, any security violations, vandalism or other similar problem that cannot wait to be repaired until the next work day. Contracted staff will also report these issues to the CONTRACT ADMINISTRATOR with in twenty-four (24) hours of detection or observation. 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. 12.02 The CONTRACTOR shall carry either a cellular phone capable of receiving text messages and phone calls on them during their schedule shift so that CITY staff may reach them for required services. Immediately response to phone calls or text message (no more than 15 minutes) shall be required. The CONTRACTOR shall provide the CONTRACT ADMINISTRATOR said phone numbers. All pager or cellular expenses shall be paid for by the CONTRACTOR and payment for such cost shall be in the bid pricing provide. No additional compensation will be paid. 12.03 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. City Attorney Approved Version 4/1/15 23 Item #4 May 9, 2017 Page 29 of 70 GS1542 12.04 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. 12.05 The CONTRACTOR shall maintain a written log of all call back I complaint 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. 12.06 CONTRACTOR's supervisor shall carry a cellular phone with local San Diego region area code. Supervisor shall be expected to respond or coordinate responses to requests from the CITY within thirty minutes. The CITY shall not contact the CONTRACTOR's supervisor except during normal working hours. 13.00 SAFETY 13.01 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. 13.02 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. 13.03 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 two (2) calendar days following the occurrence. CONTRACTOR shall cooperate fully with the CITY in the investigation of any such occurrence. City Attorney Approved Version 4/1 /15 24 Item #4 May 9, 2017 Page 30 of 70 GS1542 13.04 All appropriate personal protective equipment shall be provided by the CONTRACTOR when there is occupational exposure. Such items include but no limited to gloves, face shields, masks, respirators, eye protection, hearing protection, head protection, knee pads, back support, utility lantern and rain gear. 13.05 The CONTRACTOR shall ensure that its' staff is drug free. No alcohol or drug use shall be permitted on CITY property. Smoking is not allowed in CITY buildings. Contracted staff shall not work in any CITY building while under the influence of non-prescribed drugs and only if consistent with the usage restrictions of prescribed drugs. 13.06 The CONTRACTOR must certify that all employees and representatives are trained to recognize and understand the Safety Data Sheets. 13.07 CONTRACTOR'S staff and representatives must be fluent in English. If fluency is in a language other than English, then the CONTRACTOR shall: • Provide all SOS sheets in both languages. • All containers must be labeled in both languages. • Custodial instructions and schedules shall be posted in both languages. • Provide a number for a Contractor Supervisor so that CITY staff can contact when translation is needed. 14.00 HOURS AND DAYS OF MAINTENANCE SERVICES 14.01 The basic daily hours of maintenance service for Park restrooms shall be 10:00 p.m. to 12:00 a.m. or 04:00 a.m. to 08:00 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. or between the hours of 12:00 a.m. and 04:00 a.m. and all work shall be completed by 08:00 a.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. (or dusk) to 12:00 a.m. No work shall begin at the Beach Bluff Restroom prior to 8:00 p.m. (or dusk) and all work shall be completed by 12:00 a.m. The hours of service for Leo Carrillo Ranch Restrooms and walkways shall be 7:00 a.m. -8:30 a.m. and interior cleaning shall start at 8::30 a.m. 14.02 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. (or dusk). All other Park Restrooms are to be locked, by the CONTRACTOR, between the hours of 10:00 p.m. and 11 :00 p.m. 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. City Attorney Approved Version 4/1 /15 25 Item #4 May 9, 2017 Page 31 of 70 GS1542 14.03 The basic daily hours of maintenance service for Facilities shall be 6:00 a.m. to 2:30 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. City reserves the right to change or adjust maintenance service time per location as required. 14.04 The CONTRACTOR shall be responsible for unlocking, locking and securing the buildings, including alarm systems, before and after performing services. The CONTRACTOR shall be responsible for disabling alarm systems before performing services, and responsible for re-arming alarm systems upon completion of work if no City employees are on-site. 14.05 CITY has installed waterless urinals at various locations. The CONTRACTOR shall maintain the waterless urinals per the manufacturer's recommendations including cartridge replacements schedule and cleaning chemicals (bowl and cartridge surface, exterior of urinal only). No chemicals shall be disbursed in the cartridge. CITY will provide all cartridge replacements. Upon removing the old cartridge, a minimum five (five) gallons of warm water will be dumped down drain. Cartridge must be changed per the lifespan indicated by the manufacturer or when urine smell is evident. 14.06 The CONTRACTOR shall not duplicate keys to buildings and park restrooms; additional keys, as needed, shall be provided by the CONTRACT ADMINISTRATOR. The CONTRACTOR will be required to perform an annual key audit with the CONTRACT ADMINISTRATOR or designee. 14.07 All lights are to be turned off when leaving unoccupied buildings 14.08 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 Schedules. 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. 14.09 CONTRACTOR employees shall not use CITY phones, computers, copiers, fax machines, or other such equipment 14.10 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 City Attorney Approved Version 4/1/15 26 Item #4 May 9, 2017 Page 32 of 70 GS1542 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. 15.00 MAINTENANCE SCHEDULES 15.01 The CONTRACTOR shall, within twenty (20) days after the award of bid of this CONTRACT, submit work schedules and employees names 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. Attached is a sample of an Annual Calendar and Routine Operations Schedule formats in Appendix D. 15.02 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. 16.00 HOLIDAY SCHEDULES 16.01 In observance of CITY Holiday's, Arts Office, Aviara Modular, Aviara Park Maintenance Office, Granary, Heritage Hall, Holiday House, Kruger House, Leo Carrillo Ranch, Magee House, Municipal Water District, Parks Administration, Parks Modular/Break Room, Streets & Facilities Admin, Scout House and CIT Trailer will be closed as follows: New Year's Day Martin Luther King Jr Day President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Thanksgiving Friday Christmas Day 16.02 All other facilities including the block house restroom shall be cleaned everyday as specified in the CONTRACT. The CONTRACTOR shall contact the CONTRACT ADMINISTRATOR to obtain the actual observance dates of the above Holidays. 17.00 CONTRACTOR'S STAFF AND TRAINING 17.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein so that is does not disrupt the functions and normal day-to-day operations, public meetings, classes or events of CITY Facilities. The CITY will not provide any supervision to Contracted employees. CONTRACTOR must have sufficient staffing to oversee all staff, to include training, supervision and the resolution of issues or problems that may arise. City Attorney Approved Version 4/1/15 27 Item #4 May 9, 2017 Page 33 of 70 GS1542 17.02 The CONTRACTOR shall consider and plan for appropriate labor resources for illness, vacation and other loss time events so services shall continue uninterrupted. 17.03 CONTRACTOR shall not hire temporary type employee hired on the spot through an employment agency that have not been disclosed in the bid docs, successfully passed a fingerprinting and background screening and have been properly trained. In no case shall any hires be made without proper background and finger printing checks. 17.04 The CONTRACTOR shall provide a list of employee names, telephone numbers and work location(s) at the start of the Contract and every month thereafter. When staffing changes occur, the CONTRACTOR shall update the location list and give a copy to the CITY within two business days. 17.05 Contracted staff is expected to handle any necessary communication and actions with CITY staff and the public in a professional manner. 17.06 In cooperation with the Carlsbad Police Department, CONTRACTOR agrees to, and pays all cost for, fingerprinting and background checks on all personnel providing custodial services for this contract. The CONTRACTOR shall keep 1-9 forms and any required attachment documentation on file for all employed personnel servicing this CONTRACT. In the event such background check reveals an item, which Carlsbad Police or the CONTRACT ADMINISTRATOR deems a security problem, CITY shall request that such individual be removed from the list of personnel authorized to provide custodial services under this CONTRACT. Throughout the life of the CONTRACT, the CITY reserves the right to require the CONTRACTOR to have fingerprinting and background checks updated or completed upon request at the CONTRACTOR'S cost. There will be no exceptions and no substitutions of personnel without prior fingerprinting and background clearance checks. Currently the cost for fingerprinting and background checks are $52.00 per person (subject to change without notification) and will take approximately one (1) week for results. CONTRACTOR shall IMMEDIATELY notify the CONTRACT ADMINISTRATOR when CONTRACTOR'S staff has been terminated and shall recover all City-issued keys from the terminated staff. CITY will determine if an alarm code change is appropriate based on the circumstances of the termination. 17.07 Contracted staff shall not engage in and shall prohibit the moving and reading of papers on desks, the opening of desk drawers and cabinets, the using of CITY telephones and office equipment. 17.08 Contracted staff shall not remove or consume anything belonging to the CITY or CITY employees, including removal of food and beverages from CITY City Attorney Approved Version 4/1 /15 28 Item #4 May 9, 2017 Page 34 of 70 GS1542 refrigerators, cabinets or lockers. This policy includes any articles that may be deposited for disposal in trash or recycling receptacles. 17.09 Contracted staff shall not operate or adjust the settings of any of the heating, ventilating or air conditioning systems in any facilities without written authorization of the CONTRACT ADMINISTRATOR. 17 .10 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). 17 .11 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. 17.12 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. 17 .13 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. 17.14 The CONTRACTOR shall require 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 professional appearance of the City Attorney Approved Version 4/1/15 29 Item #4 May 9, 2017 Page 35 of 70 GS1542 CONTRACTOR's personnel at all times. Shirts shall be worn, buttoned and tucked in 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 .. 17 .15 CITY facilities are "off limits" to all unauthorized personnel. There will be no unauthorized visits by friends, family, pets or other people during the work shift. Authorization must be in writing and come from the CONTRACT ADMINISTRATOR. 17 .16 CONTRACTOR, its employees or representatives shall not represent to anyone that the CONTRACTOR or its employees or representatives is an employee or representative of the CITY for any purposes. CONTRACTOR shall be solely responsible for all acts of its employees or representatives during the performance of this CONTRACT. 17.17 CONTRACTOR'S personnel shall possess the minimum qualifications for the position in which each is working, as set forth in Exhibit B. 17 .18 The CONTRACTOR shall provide annual safety training schedules within the first two weeks of the Contract year, every year for the life of this CONTRACT. At minimum, topics shall include: Blood Borne Pathogens, Common First Aid, Emergency Evacuation Plan, Fire Extinguisher I Fire Prevention, OHSA I SOS Awareness, Personal Protective Equipment, Back Injury Prevention I Safety Lifting Techniques, Floor Care, Restroom Cleaning and Disinfection, Chemical Awareness I Application and Tools, Equipment and Machine Application I Training. The CONTRACTOR shall maintain a training record for each employee, the training records shall show, as a minimum, the employee's name, date of employment and the type and date of each training topic. Such records shall be made available to the CONTRACT ADMINISTRATOR or designee on the first business day of each month or in advance upon request. The CONTRACT ADMINISTRATOR or designee may, from time to time, monitor the conduct of such training classes. Documentation of all training shall be supplied to the CONTRACT ADMINISTRATOR in a timely manner. 17.19 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 Exhibit B. . 17.20 Contracted staff shall be assigned to a specific building(s) and shall be e~clusively in that area and will not perform other or additional duties specified herein during that shift, unless approved by the CONTRACT ADMINISTRATOR. All contracted staff shall be on a full time, onsite basis unless otherwise approved in writing by the CONTRACT ADMINSTRATOR. City Attorney Approved Version 4/1/15 30 Item #4 May 9, 2017 Page 36 of 70 GS1542 17.21 All contracted staff will remain in the assigned building(s) during their work shift, with the exception of using the restroom or for designated breaks. At those times employees may be in designated restroom/break areas. 18.00 NON-INTERFERENCE -NOISE 18.01 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. 18.02 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. 18.03 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 10:00 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. 19.00 RECYCLING PROGRAM & COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS 19.01 CONTRACTOR shall be responsible for participating in the Solid Waste I Recycling Program at the CITY as well as the use of green chemicals and products. 19.02 The CITY currently recycles cardboard, aluminum, office paper, telephone books, books and newspapers. The CONTRACTOR will be responsible for placing segregated waste materials into the proper receptacles. This includes all current and future waste streams and recycling waste streams. CONTRACTOR will handle segregated materials in a manner to ensure that recycling receptacles are not used for inappropriate materials. 19.03 The CONTRACTOR will be responsible for supporting any future recycling efforts or enhancements that the CITY implements during the life of the CONTRACT. 19.04 The CONTRACTOR shall practice energy conservation by keeping windows and exterior doors closed (do not prop open). Water from sinks is not allowed to run continuously. 19.05 The CONTRACTOR shall comply with all Storm Water Best Management Practices (BMPs). CONTRACTOR will incorporate and comply with all applicable BMPs during the completion of this Agreement. All work must be in compliance with the San Diego Regional Water Quality Control Board (RWQCB) permit, Carlsbad Municipal Code and the City of Carlsbad Jurisdictional Urban Runoff Management City Attorney Approved Version 4/1/15 31 Item #4 May 9, 2017 Page 37 of 70 GS1542 Plan (JURMP) incorporated herein by reference including but not limited to capture and legal disposal of all cleaning compounds, liquids or other related materials. 19.06 In the case of a release, spill or leak as a result of the CONTRACTOR'S activities, CONTRACTOR shall immediately control and remediate the contaminated media to applicable federal, state and local standards. The CONTRACTOR agrees that in such event it will immediately clean up all spills and the cleanup material shall be disposed of offsite at the CONTRACTOR'S sole expense. The CONTRACTOR agrees that it shall reimburse the CITY for any penalties and all costs and expenses, including without limitation attorney's fees, incurred by the CITY as a result of the release or disposal by the CONTRACTOR. 20.00 EQUIPMENT 20.01 The CONTRACTOR shall furnish all equipment, accessories and tools necesssary to perform the work properly as defined in this CONTRACT. Contracted staff shall insure prior to the beginning of each work shift that each janitorial closet and each janitorial cart is provided with the appropriate equipment, chemicals and supplies. 20.02 The CONTRACTOR shall clearly label all equipment with their company name. An inventory will be conducted thirty (30) days after the start of the CONTRACT and maybe conducted at the discreation of the CONTRACT ADMINISTRATOR through the life of the CONTRACT to verify that the CONTRACTOR has the sufficient tools and equipment to perform all services. 20.03 All equipment required for the performance of work under this CONTRACT shall be new and designed to perform the kind of work prescribed in the specifications at the time services begin at the CITY, whether leased or purchased. Said equipment shall be used exclusively for the performance of work defined herein. Examples include but are not limited to vacuums, brooms, brushes, mops, mop buckets, cleaning towels and dust wands. 20.04 The CONTRACTOR shall provide, maintain, repair and/or replace monthly or as needed, all necessary custodial tools and equipment including, but not limited to brooms, brushes, mops, pails, vacuum cleaners, rotary buffers, dust cloths, dust wands, scrubbers, etc. Mop heads must Cintas brand Maid Blue Wonder (item number 650340) quality or better and shall be laundered every week and replaced per the manufactures recommendations. 20.05 The CONTRACTOR shall submit with the Proposal and before the beginning the work to the CONTRACT ADMINISTRATOR a list of each type of equipment and tools to be used over $1,000.00 in cost, showing all the required capable items, the manufacturer's specifications and photocopies of each type of equipment and tool. 20.06 The CONTRACTOR shall not use alternate equipment or tools without prior written permission from the CONTRACT ADMINISTRATOR. City Attorney Approved Version 4/1/15 32 Item #4 May 9, 2017 Page 38 of 70 GS1542 20.07 If requested by the CONTRACT ADMINISTRATOR, the CONTRACTOR shall make the equipment and/ or tools available for performance evaluation by the CONTRACT ADMINISTRATOR. Any costs associated with the evaluation shall be the sole responsibility of the CONTRACTOR. 20.08 The CONTRACTOR shall maintain on file a complete set of operating and maintenance instructions for all types, brands and models or powered equipment used in the performance of the work required herein. 20.09 All equipment shall have adequate bumpers and guards to prevent marking or scratching of fixtures, furnishings and/or building surfaces. 20.10 All electrical equipment used by the CONTRACTOR shall meet all applicable safety requirements. This shall include either the use of ground fault interrupters or a wiring inspection program to assure the integrity of ground pins, grounding continuity, strain relief and insulation quality of plugs and cords. This equipment must operate at full rated performance levels using existing building circuits. It shall be the responsibility of the CONTRACTOR to prevent the operation or the attempted operation of electrical equipment or combinations of equipment that requires power exceeding the capacity of the existing building circuits. 21.00 CHEMICALS, CLEANING PRODUCTS & MATERIALS 21.01 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. 21.02 The CONTRACTOR shall use the installed Waxie Dilution Control Solution Systems and the appropriate chemicals. 21.03 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. 21.04 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. All chemical bottles shall have approved labels affixed. Hand written labels are not acceptable. 21.05 No chemicals or cleaning agents shall be stored at any facility without the express written permission of the CONTRACT ADMINISTRATOR, but shall be carried to and from the job site daily. 21.06 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. City Attorney Approved Version 4/1 /15 33 Item #4 May 9, 2017 Page 39 of 70 GS1542 21.07 The CONTRACTOR shall supply and maintain one full case of the following supplies in all restrooms listed under Schedule B at all times: • Toilet paper • Paper towels • Seat liners • Hand soap • Wastebasket liners 21.08 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. 21.09 The CONTRACTOR may contact the CITY's custodial supply representative, Rich Younger, Sanitary Maintenance Consultant, Waxie Sanitary Supply (619) 952-1239 with any questions regarding Waxie products. Ill Ill Ill Ill Ill Ill City Attorney Approved Version 4/1/15 34 Item #4 May 9, 2017 Page 40 of 70 GS1542 21.10 Materials used by CONTRACTOR in the performance of this Agreement shall be the following (or approved equal): {*city of ""AXIE~tr Carlsbad •ANITARY .u .... LY Ca I i fornia Phono: (800) 54441054 Fax Order Form Fax: 707-0409 -Conlar:t P9:rson: CultonN!rtl: 111431700 Phonm Numa.r: l171i0 .... 7-7&71 PD.Numbar: ___ ,, (UY. w-• .,. U/M -~ ••• -. . 851310 10360mn &SoftSnall CoreT/llssue 36rls cs $48.92 381694 9113-o& Purell Wipes 270 per tub cs $68.119 851178 1855 a .. n & Saft Wh 2-mlv T/nssue 80/cs cs $44.92 381704 Pun!II Sanltizi1111 Hand Wines 12/100 cs $61.37 aso5n 3600 c1 .. on & Saft Whl,., Roll T-s cs $49.42 381818 PuMI Mnnced Touch Fn!elns&llnt Hand S.nlt12r Foil cs $5851 851530 041 WAXIES-tCovers 5000/cs cs $33.72 386311 O•n Toudl Man Otrus GI,-. fcHlm Hand. Hair & Sh cs $34.74 850232 2001 c1 .. n & Saft Wht W T-s 16/250 cs $22.llli 386410 Oean Touch LX Touch Free Oear & Mild Foam cs $37.27 851433 5096 Omn & Soft Cube Fatclal Tissue 36x96 cs $29.03 386411 WAXIE Oe11n Touch LX Touch fr• P__._._, Foam Hi1 cs $37.27 851211 07001 ICleenex CattanelleCof'eless Toilet Tissue cs $49.00 388070 WAXIEAnli .... cll!rial Hand Soap 111oz cs $41.27 851227 07006 ScottCorol•s 2-plyJRT.,thllssuo cs $46.74 380307 91171 K-C-1 Watsless wt ..... cs $56.13 850651 12388 ScottSllmroll Hard Rall T-li/580 cs $39.76 "" 850893 2570!! Sattt MOO White lloll T-1150' cs $71.00 700550 24x 21.6 mll lnstilutlonal Uns. 500/cs cs $25.64 .. 702080 H x 40 22 Mic WAXIE-Un..-, 250/cs cs $43.23 170018 WAXIEGermiclul Ultra·-cs S&.34 708102 1(1-,llno 40 x 411 1.3 mll Bladt Unor cs $23.33 170180 Diversey Envy Foamins: Disinfectant Cainer Aerosc: cs $74.29 708105 klt11111Hne 24 x 33 II mlc r.tural Careless Roll Ur..-,n cs S30.20 DlwnOf<>xhrir lb~ Dislnfectanta .. ner w II -·· '. 170366 cs $158.71 . . . 170766 J1.,..o1 lkand Ill Dislnfedlint Sorav cs $84.llli 790381 MB> Dis-able PUlll'dl!r Free Gater.l Purp GIOVIS .... cs $53.21 320091 WAXIE-a-. All l'u-eO•nor 8/qt with T>t....-cs $20.37 790382 LRG D1sDDU1blePowder FreeGa1eral P..-n Gloves -ala, cs $53.21 320661 WAXIE-Green Floor Strl__. cs $75.70 790383 XLG Dlsnos.ablePowdsfreeGenl!lral P..-p Glows Blac cs $53.21 324044 WAXIE Grout llescuemillons cs $108.34 792060 SM BlactnU.. ,,_ Free Mtrlle Exam Glove Small cs $73.20 328063 R"ID32 _,,,II 2000 lDOnr 2/15L cs $113.63 792061 Mm Blactnlte __. Fr• Nitrlle Exam Glove Med cs $73.20 470090 WAXIE Bua Off II '11tnJ.. lnsecUckle 17oz cs $82.10 792062 LRG Blac:tnlm Powder Free Nb"lle EXllm Glove br.e cs $73.20 750020 WAXIE Poli-«leen Wax Polish 19oz cs $33.04 792063 XLG Blacknite Powder Free Nb"lle Eum a~ cs $73.20 750310 WAXIE-1 Sheen Pvlish 15oz cs $46.69 -530419 WAXIESuper Kl....,, Cncinl Uq Dish-sh Dtat cs $42.llli . 530581 PalndiW! Ultra Dish Uquld 20/lOoz cs $40.61 770080 NewPollshina: Diapers Oothes cs $90.67 410050 WAXIE-& ...... c1 ... n..-& °""""'s• 8/qt with TH ... cs $23.79 770095 -White Bar Towels 251bs BX $71.16 1 mii Rtr,esABosul 16oz cs $63.111 770100 NewWhiteBarTowets cs $29.93 00 OS .. 770400 81-MluollberT..-ryCloth cs $120.ll6 : 1030111 WAXIE Traffic: Shm.al Disinfect: Bowl Onr. 12/at cs $33.90 770505 Red Mlcrullber T..-ry Ooth cs $120.ll6 1030230 Bathma~ RlU quarts cs $3159 ' 160286 RemlndNr Curve Ma ... _.. 10/bx cs $104.30 730080 14 QT Pia.lie Waste Baslcet-Bolp EA $4.90 1607600 ~rtan Q Disinfectant Unm Oean Asosol cs $45.39 7301l.O 28 QT Plastic WasR Basket-Seip EA $5.10 161710 SmartCeH Clb"us Burst 60-davOdor Neutralizer Rell cs ~~5.03 730115 28 QTPlastlc Waste Basket-Gray EA $5.10 161727 SnuirtCell AonleCinna...., ~ Odor Neutrali:zl!!I cs $57.77 730730 llruRDolly-Black EA $35.33 .. . ' , . -163502 Falcon lklnal Cartri.t.-IClt 20 ~k cs $76238 2060672 6311 RM Bowl Brush Holder EA $2.47 160115 330 Fn!Sh Mint Uauld Microbes 4x3 L cs ~57.18 233300 1525 Disoosable Urinal Floor Mat Green A ... .Je v ... cs S3B.14 170500 315 Foamlna .Add Disinfec:tillnt anr 4x3 L cs ~86.40 170700 7641.ernon Quat Disinfectant Clnr 4x3 L cs $73.10 410061 443 atrus Hydroxyclean 4x3 L cs $74.29 " ., 320007 243 Neub"al Clelilner 4x3 L cs $73.97 180160 Stral&ht 1 Piece lambswool Dust..-28" EA $3.46 410099 120XHD n-rt5illser4x3 L cs ~157.45 180170 Bendable Lambswool Duster 3o-59• EA ~7.09 950110 543 Glass & Surface Clmner 4x3 L cs S66.ll3 180391 WAXIE--Green Maand:Aerosol 16oz cs S63.81 City Attorney Approved Version 4/1/15 35 Item #4 May 9, 2017 Page 41 of 70 PART II TECHNICAL SPECIFICATIONS GS1542 22.00 TASK DESCRIPTIONS AND STANDARDS TASK DESCRIPTION Vacuum Carpet All carpet areas of lobbies, hallway corridors, and entrances are to be thoroughly vacuumed. Portable objects (chair, wastebaskets, etc.) are to be moved to provide for vacuuming (not to include roll mats or objects over 50 lbs. Neatly Arrange Furniture All furniture and wastebaskets are to be placed back in their appropriate places. Empty Trash & Recycle All trash receptacles and recycle bins (including exterior cans immediately outside the Bins building) shall be emptied completely in the appropriate receptacles and internal and Replace Liners, Restock external areas clean, appropriately sized liner installed. Co-mingled recycle bins to Paper Products. maintain separation from trash and be emptied in recycle bins provided. All paper products shall be restocked as so that they are% full at all times. Sweep Floors All resilient tile floors (rubber, vinyl, terrazzo) shall be swept with a broom or dry mopped so as to leave the floor in a dirt/dust/debris free state. Dry mops should be sprayed with a dust mop treatment chemical prior to use. Damp Mop Floors All Resilient floor surfaces shall be damp mopped with a germicidal detergent solution to remove any and all spills. Scuffmarks or stains are not expected to be removed with damp mopping. Trash receptacles, chairs, etc. shall be moved when necessary to mop underneath and shall be moved back to their proper area in a timely manner. After being mopped, the floor shall have a uniform appearance with no streaks, swirl marks, detergent residue or any evidence of soil. There shall be no splash marks or mop streaks on furniture, walls, baseboards, etc. or mop strands remaining in the area. Dust Mop Floors Use a clean dust mop of the largest suitable size for the area. At the end of each pass, turn the dust mop without lifting it from the floor, overlapping the previous pass by one or two inches. Continue this pattern until the entire area is free of visible soil. To remove the soil which has been collected, but does not adhere to the mop, carefully lift the mop head off the floor and lean the mop against the trash collection cart or the janitorial cart. Be careful not to let the mop head or handle touch building or furniture surfaces. Pick up the soil with a counter brush and dustpan. Dump the soil into the trash collection baQ. Clean Entry Glass Main lobby and partition glass, as well as exterior door glass to each tenant space, is to be clean and streak free. Dust Horizontal Surfaces All benches, tables, counter-tops, reception desks, tops of partitions, mirrors, dispensers, toilets, urinals, window ledges, picture frames and the like are to be dust free. Wipe/Clean Drinking Stainless steel fountains are to be cleaned with a stainless cleaner, inside and out, as Fountains well as fixtures. Porcelain fountains are to be cleaned with a mild abrasive. Fountains are to be free of water spots, stains and smudges. Wipe Counters and All drain boards, Formica counters, tables and appliances (refrigerator, stove, Appliances dishwasher exterior) are to be cleaned so as to remove finger marks, smudges and left in a dust/dirt free condition. Monthly interior clean out and cleanup of refrigerators. Clean Interior Glass Interior glass (door glass, wall glass, etc.) within the office spaces shall be cleaned and left streak-free. Spray and/or Spot Clean Use a sponge, clean cloth, and spray bottle of neutral detergent, germicidal detergent, Furniture or glass cleaner to remove fingerprints, smudges, marks, streaks, etc., from washable surfaces of walls, partitions, doors, furniture, fixtures, appliances, etc. Germicidal detergent shall be used in rest rooms, locker rooms, food service areas, and drinking fountains. Glass cleaner shall be used on hard-to-remove spots. After spot cleaning, the surfaces shall have a clean, uniform appearance, be free of streaks, spots, and other evidence of removable soil. This includes both sides of glass in exterior doors and vestibules and in interior offices. City Attorney Approved Version 4/1/15 36 Item #4 May 9, 2017 Page 42 of 70 GS1542 TASK DESCRIPTION Spot Clean Carpet All carpet is to be kept in a stain-free condition. The Contract Administrator and the Contractor shall agree as to whether carpet shampooing/extraction supersedes spot cleaning. Spot Clean Walls, Doors, Finger marks furniture rubs, etc. are to be removed from walls, doors, door handles, Fixtures electrical switch plates and outlet covers. Wipe/Clean Receptacles All wastebaskets, trash containers and garbage cans shall be cleaned inside and out so as to remove stains, smudges and dried refuse. Clean Picture All glass picture frames are to be cleaned with a damp lint-free rag so as not to leave Glass/Extinguisher water spots or streaks. Fire extinguisher cabinets shall be cleaned inside and out to Cabinets remove smudqes and finqer marks. Vacuum with Edging Tool All carpet edges and corners where floor and wall intersect, where floor and thresholds -All Corners meet or around the base of any object permanently placed on a carpeted surface. Spray Buff or Burnish Resilient floor surfaces shall be spray buffed or burnished so as to produce a shiny Hard Surface Floors finish. High Dust: Vents, Lights, High dusting shall be anything over 6' from the floor. HVAC vents, ceiling fans, light Etc. fixtures, tops of doors and doorframes included. Re-wax/Buff Hard Surface All resilient floor surfaces shall be top cleaned with an effective detergent cleaner, Floors neutralized and new wax applied. Floor should be buffed/burnished. Fluorescent Light Fixtures All debris, dust and dirt shall be cleared from fluorescent light fixtures. Wash Interior Windows All interior wall windows and interior partition glass are to be washed, inside and out, and left in a streak/foq-free condition. Wash Exterior Windows All exterior wall windows are to be washed, inside and out, and left in a streak/fog-free condition. Strip, Seal, Buff Hard All resilient floor surfaces are to be stripped with an aggressive pad so as to remove Surface Floors all wax and sealer. The floor shall be free of scuffs and scratches. The floors then shall be re-sealed with two coats of sealer followed by two coats of wax. All sealer and wax must be pre-approved as to type by the Contracts Administrator. The floor then shall be burnished to provide a high gloss. Clean/Disinfect All Sinks, All porcelain and stainless steel was basins, toilets and urinals as well as shower stalls Toilets, Urinals are to be cleaned and sanitized with a disinfectant. Restock Paper/Soap Paper towels and tissue dispensers are to be checked and filled whenever the product remaining is 30% or less. In restrooms of high usage, new rolls of tissue will be installed and the 30% or partial roll shall be placed on the dispenser. Soap is to be checked and filled or cartridge replaced when less than 1 /3 of the product remains. Clean Mirrors Mirrors shall be kept clean, fog and streak free. Clean Fixtures All sinks shall be cleaned and free of rust deposits, stains, soap scum, etc. Toilets and urinals shall be cleaned and sanitized so as to remove any deposits, stains or odors. Where bowl blocks are used, the blocks will be removed prior to cleaning and new blocks installed when applicable. Spot Clean Partitions, Toilet room partitions, partition doors, entry doors, shower doors and wall shall be free Doors, Walls of soap scum, fingerprints, dirt, smudges and graffiti. Clean/Polish Fixture All plumbing under sinks and surrounding toilets and urinals are to be cleaned and Exteriors polished so as to produce a shiny appearance. Machine Scrub Floors Tile Floors are to be machine scrubbed with an aggressive pad and grout shall be cleaned so as to produce a clean, dirt free appearance. City Attorney Approved Version 4/1/15 37 Item #4 May 9, 2017 Page 43 of 70 TASK Carpet Shampooing - Bonnet Method Carpet Shampooing -Dry Clean Method Carpet Shampooing - Extraction Method GS1542 DESCRIPTION Carpet shampooing, bonnet method of carpet is defined as the spot cleaning, vacuuming, pile brushing, shampooing, and re-vacuuming of all carpet in an area. All vacuuming, both before and after shampooing shall be done with an upright carpet vacuum. All stained areas shall be treated with spot cleaning solution, following the directions of the manufacturer. Spot cleaning shall be continued until as much of the stain as possible has been removed. The shampooing shall be performed using a single disc floor machine rotating less than 200 rpm, a bonnet or yarn pad specifically designed for spin pad or bonnet cleaning meeting the specifications for such equipment and materials defined in the Contract Documents. The instructions provided by the manufacturers of the equipment and materials shall be followed during its use. Areas, such as corners, which are inaccessible to the machine, shall be shampooed with shampoo and manual scrubbing devices. Chairs and trash receptacles shall be tilted or moved where necessary to for shampooing and shall be moved back to their proper area in a timely manner. After shampooing and allowing sufficient drying time, the carpet shall be vacuumed following a pattern that will give the carpet pile a clean and uniform appearance. Dry cleaning carpet is defined as the spot cleaning, vacuuming, application and scrubbing of dry cleaning compound followed by another complete vacuuming. All vacuuming should be done with an upright vacuum. All stained areas shall be treated with spot cleaning solution following the directions of the manufacturer. Spot cleaning shall be continued until as much of the stain as possible has been removed. The dry cleaning shall be performed by applying the "dry" chemical and machine scrubbing the area according to the manufacturer's instructions. Chairs and trash receptacles shall be tilted or moved where necessary to for shampooing and shall be moved back to their proper area in a timely manner. After sufficient absorption time, the remaining dry cleaning residue and soil shall be vacuumed completely following a pattern that will give the carpet pile a clean and uniform appearance. Carpet shampooing, extraction method is defined as the spot cleaning, vacuuming, pile brushing, operation of the extraction equipment, and re-vacuuming of all carpet in an area. All vacuuming, both before and after the use of the water extraction equipment shall be done with an upright carpet vacuum. All stained areas shall be treated with spot cleaning solutions, following the directions of the manufacturer of the solutions. Spot cleaning shall continue until as much of the stain as possible has been removed. The water extraction equipment and materials shall meet the Specifications defined in the Contract Documents. The extraction equipment shall be operated over the entire carpeted area. All instructions provided by the manufacturer of the extraction equipment and material shall be followed during their use. Chairs and trash receptacles shall be tilted or moved where necessary to for shampooing and shall be moved back to their proper area in a timely manner. After operating the water extraction equipment and allowing sufficient drying time, the carpet shall be vacuumed following a pattern which shall give the carpet pile a clean and uniform appearance. City Attorney Approved Version 4/1/15 38 Item #4 May 9, 2017 Page 44 of 70 GS1542 23.00 FACIL TY SCOPE OF SERVICES The CONTRACTOR will perform the following custodial maintenance services at the Facilities described in The Scope of Services -Exhibit A (noting anydifferences in working hours previously noted). 23.01 DAILY ACTIVITIES *Shall be completed prior to staff arriving or activities starting onsite. **Shall be completed after hours or on the weekend. A. Locate Contractor checklist. Indicate time of arrival and proceed with all work items indicated as "Daily". B. Empty trash and recycled containers and paper shredders; re-line as needed with properly sized bags; wipe containers clean, as necessary; remove all waste 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. 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 I tile floor surfaces; sweep all stairways. Damp mop all hard surface I tile and wood floors, including stairs, spray buff all hard surface I tile areas. J. *Dust mop all wood floors, including gymnasium and activity room floors, at Harding Recreation Hall, Heritage Hall, Visitors' Bureau/Railroad Depot, City Attorney Approved Version 4/1/15 39 Item #4 May 9, 2017 Page 45 of 70 GS1542 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. The CONTRACTOR shall schedule soil extraction on an annual basis with the CONTRACT ADMINISTRATOR. 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. Clean partitions, doors, and wall areas, as needed; 4. Fill all paper and fill or replace soap dispensers; wipe clean all dispensers and trash receptacles (no refill supplies shall be stocked in vicinity of dispenser). The CONTRACTOR shall not cut the top of soap refill and fill disposable contains that are designed to be thrown away once the product has exhausted; 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. 0. 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. City Attorney Approved Version 4/1/15 40 Item #4 May 9, 2017 Page 46 of 70 GS1542 P. Clean kitchen counters, sink and table top and cabinet doors. Refill all dispensers. Q. Notify CITY staff of any needed repairs. R. Fill checklist out completely, initial work performed and indicate time all work has been completed. S. Fill out Time Tracker. 23.02 WEEKLY ACTIVITIES Shall be performed on the first day of the week and in addition to all items required under "Daily Activities": A. *Vacuum all carpeted areas completely, including areas behind lobby and office furniture. B. *Vacuum all upholstered furniture and fabric partitions; spot clean as needed. C. Clean all inside glass partitions. D. Clean and polish all metal entrance doors and jambs. E. Dust all baseboards, picture frames and other vertical surfaces of all office furniture; dust all molding, ledges, and window sills, tops of partitions, trim ventilators, louvers and air registers regardless of height above floor. Remove all spider webs from ceilings and corners. F. 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. G. Sweep and mop janitorial closets. Restock all supplies. H. *Scrub all hard surface I tile floors and stairs. I. *Apply new floor finish and buff all hard surface I tile floors at Harding Community Center only. J. *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 Balance Floor Cleaner (or approved equal). Gymnasium floor mops must be rotated weekly to prevent slippery floors. K. Replace urinal screens (as needed) City Attorney Approved Version 4/1 /15 41 Item #4 May 9, 2017 Page 47 of 70 L. M. 23.03 GS1542 Fill checklist out completely, initial work performed and indicate time all work has been completed. 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. MONTHLY ACTIVITIES Shall be performed on the first day of the month and in addition to all items required under "Daily/Weekly Activities": A. **Machine scrub all hard surface I tile floors and stairs; apply new floor finish, as needed and buff floors. B. *Buff all hard surface I tile floors I wood floors (Spotlight or approved equal). C. Dust all ceiling fans. D. Dust all partition tops, door tops, ceiling vents and light fixtures. E. *Dust exposed pipes and overhead exposed mechanical equipment. F. Clean Visitors' Bureau/Railroad Depot windows, inside and outside. G. Clean and polish all metal kitchen appliances. H. Replace empty hand sanitizer stations (as needed). I. Clean all kitchen appliances inside and out. Preform a purge of expired food in all refrigerators. Post one (1) week prior. J. Fill checklist out completely, initial work performed and indicate any additional work that has been completed. K. Turn in all Time Trackers and report with invoices. 23.04 QUARTERLY ACTIVITIES Shall be performed on the first day of 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. Carefully remove exterior window screens and clean. City Attorney Approved Version 4/1/15 42 Item #4 May 9, 2017 Page 48 of 70 GS1542 C. Clean walls and ceilings (including partitions.) D. Removal all cobwebs. E. Replace atomizers. F. Clean and polish marble, wood, etc., walls and paneling. G. Strip, re-seal Harding Center's Auditorium floor. H. Fill checklist out completely, initial work performed and indicate time all work has been completed. 23.05 SEMI-ANNUAL ACTIVITIES Shall be performed on the first day of the first and seventh months of the contract: A. Those work items listed under daily, weekly, monthly and quarterly maintenance. B. **Vacuum, spot clean, and shampoo traffic carpet areas 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. C. **Strip, re-seal all hard tile (ceramic, quarry, vinyl, linoleum, etc.) floors. 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.). D. Clean (wash) all window blinds. E. *Vacuum all heating and air return vents. F. Clean all baseboards. G. Fill checklist out completely, initial work performed and indicate time all work has been completed. H. Alga Norte Community Center: Winter month schedule: September 16 - May 15 at eight (8) hours per day. Summer Months schedule (increased hours): May 16-September 15 at ten (10) hours per day. 23.06 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 City Attorney Approved Version 4/1/15 43 Item #4 May 9, 2017 Page 49 of 70 GS1542 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. 24.00 PARK RESTROOM SCOPE OF SERVICES The CONTRACTOR will perform the following custodial maintenance services at the park restrooms described in Exhibit A, Part I General Specifications, Section 2.00. Hours of work the park restrooms ONLY shall be between the hours of 10:00 p.m. and 12:00 a.m. or 04:00 a.m. and 08:00 a.m. (the time between the hours of 12:00 a.m. and 04:00 a.m. are not authorized work hours, unless authorized by the contract administrator). Service for all restrooms other than Carrillo 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 6:30 a.m. and 8:30 a.m. unless otherwise directed by CONTRACT ADMINISTRATOR. 24.01 DAILY ACTIVITIES A. Locate Contractor checklist. Indicate time of arrival and proceed with all work items indicated as "Daily". B. Clean restrooms: 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, toilets (inside and out), waterless urinals 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. Clean partitions, doors, and wall areas, as needed; 4. Fill all paper and fill or replace soap dispensers; wipe clean all dispensers and trash receptacles (no refill supplies shall be stocked in vicinity of dispenser). The CONTRACTOR shall not cut the top of soap refill and fill disposable contains that are designed to be thrown away once the product has exhausted; 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. City Attorney Approved Version 4/1/15 44 Item #4 May 9, 2017 Page 50 of 70 GS1542 7. Removal all cobwebs. 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. Verify extra toilet paper, paper towel, seat liners, wastebasket liners and hand soap is fully stocked. 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 monthly 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. F. Lock and unlock all park restrooms locations. Park restrooms are locked at 10:00 p.m. and opened/unlocked at 06:00 a.m. G. Evening cleaning blackout period. Contractor's staff will not be permitted to clean park restrooms between the hours of 12:00 a.m. and 04:00 a.m. Cleaning services must be between the hours of 10:00 p.m. and 12:00 a.m. and or 04:00 a.m. and 08:00 a.m. Any authorized cleaning during the blackout period or outside the designated time allotted, must be requested in writing to and preapproved by the contract administer. H. Contractor will adhere to the minimum time schedule per park restroom. Contractor will schedule all park restrooms, providing at minimum forty-five (45) minutes of time dedicated to cleaning per park restroom (female and male). I. Contractor will schedule parks restroom cleanings and routs as to document dedicated time per location, order of locations, and dedicated travel time. Time will be scheduled in minutes. Contractor will provide to CONTRACT ADMINISTRATOR the detailed schedule which will include park locations, dedicated cleaning time, and dedicated travel time between each park upon onset of contract. Contractor will notify CONTRACT ADMINISTRATOR in advance if any changes in schedule take place. 24.02 MONTHLY ACTIVITIES A Replace urinal screens (as needed). B. Replace waterless urinal cartridges (as needed). No urinal screens in waterless urinals. City Attorney Approved Version 4/1 /15 45 Item #4 May 9, 2017 Page 51 of 70 GS1542 24.03 QUARTL Y ACTIVITIES A. Replace atomizers (as needed). 25.00 CARRILLO RANCH SCOPE OF SERVICES The CONTRACTOR will perform the following custodial maintenance services at Carrillo Ranch Historic Buildings (Outdoor Areas including the two restrooms) described in Exhibit A, Part I General Specifications, Section 2.00 three (3) days per week, Friday, Saturday and Sunday. Service for all outdoor areas shall be performed between the hours of 7:00 a.m. and 9:00 a.m. Services performed inside Carrillo Ranch Buildings (Visitors Center (Hay Barn), Deedie's House, Caretaker's House (including covered patio and rear patio) & the Hacienda (including courtyard)) shall begin at exactly 9:00 a.m. and shall be completed as soon as possible, preferably by 11 :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, with the exception of the Visitor Center (Hay Barn), as no keys to these facilities will be provided to the CONTRACTOR. 25.01 DAILY ACTIVITIES (excluding Horsemen's Bedroom at Hacienda and Archives Room in Caretaker's House) 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 in front/behind of the Caretaker's House and in the center courtyard of the Hacienda. C. Clean restrooms inside of the Caretaker's House and inside of the Visitor Center using a 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. Clean partitions, doors, and wall areas, as needed; 4. Fill all paper and fill or replace soap dispensers; wipe clean all dispensers and trash receptacles (no refill supplies shall be stocked in vicinity of dispenser). The CONTRACTOR shall not cut the top of City Attorney Approved Version 4/1/15 46 Item #4 May 9, 2017 Page 52 of 70 GS1542 soap refill and fill disposable contains that are designed to be thrown away once the product has exhausted; 5. Sweep and damp mop ceramic, brick, terrazzo and wood floors using a mild detergent; Avoid damp mop contact with furniture and fixtures. 6. Completely sanitize restroom and shower floors and walls at all facilities. D. 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. E. Verify extra toilet paper, paper towel, seat liners, wastebasket liners and hand soap is fully stocked. F. Fill checklist out completely, initial work performed and indicate time all work has been completed. 25.02 WEEKLY ACTIVITIES (excluding Horsemen's Bedroom at Hacienda and Archives Room in Caretaker's House) 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 ceramic, brick, terrazzo and wood floors using a mild detergent; Avoid damp mop contact with furniture and fixtures. E. Replace urinal screens (as needed). F. Replace waterless urinal cartridges (as needed). G. 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. City Attorney Approved Version 4/1/15 47 Item #4 May 9, 2017 Page 53 of 70 GS1542 25.03 QUARTERLY ACTIVITIES (excluding Horsemen's Bedroom at Hacienda and Archives Room in Caretaker's House) To be performed on the first, fourth, seventh and tenth month of the contract: 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, sinks and cabinets in Hacienda kitchen; wipe down surface of kitchen appliances (stove, refrigerator). D. Sweep and damp mop ceramic, brick, terrazzo and wood floors using a mild detergent; Avoid damp mop contact with furniture and fixtures. 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 from ceilings and corners. F. Fill checklist out completely, initial work performed and indicate time all work has been completed. City Attorney Approved Version 4/1 /15 48 Item #4 May 9, 2017 Page 54 of 70 GS1542 Appendix A CITY OF CARLSBAD LE CUSTODIAL MAINTENANCE SERVICES r,1 p SITES S' BID NO. 16-10 ,. INSPECTION RATING FORM PARK RESTROOMS SITE: La Costa Canyon INSPECTOR: Michael O'Brien Date: 7 /12/15 Category Description No observable trash or litter on floor or surfaces Waste containers less than 2/3 full Mirrors are clean Basin, toilets, urinals, counter tops disinfected and clean (includes exposed pipe(s) underneath fixture Dispenser cabinets, partitions, stalls, walls and doors are clean Floor is free of dirt, debris and build up No visible dust or mineral build up on fixtures All dispensers are more than half full Urinals and toilets flush properly, waterless urinals are clean and free of urine smell Lights, vents, ceilings clean and operable Extra supplies fullv stocked (Yes =10, No =O) Rating Totals Deduction Percent Possible Previous Points Period 5 3 5 4 5 5 15 15 15 10 15 13 10 10 5 5 5 4 10 7 10 0 100 76 19 Deduction Percent Adjusted Payment Formula Monthly Payment Deduction Amount Adjusted Monthly Payment Rating This Period 5 5 5 7 10 15 10 5 5 5 10 82 18 18% -0.18 $266.29 $47.93 $218.36 City Attorney Approved Version 4/1 /15 49 Item #4 May 9, 2017 Page 55 of 70 GS1542 CITY OF CARLSBAD e BID NO. 16-10 d CUSTODIAL MAINTENANCE SERVICES SITES PL INSPECTION RATING FORM-f ACILITl5Jp1 SITE: Calavera Community Ctr INSPECTOR: Michael O'Brien Date: 7/12/15 Category Description Interior General Space Floors and base moldings clean. No buildup in corners or along walls. Carpet area is vacuumed and spot free Trash and recyclables are empty Interior metal surfaces are clean and polished No accumulation of dust, dirt, marks, streaks, smudges or fingerprints on walls, mirrors, counters or partitions. Restrooms Commodes, urinals, basins are clean & odor free No observable trash or litter on floor or surfaces. Floor is free of dirt and debris Waste containers less than 2/3 full Mirrors are clean Sinks and counter tops disinfected and clean Dispenser cabinets, partitions, stalls, walls, floors and doors are clean No visible dust or mineral build up on fixtures All dispensers are more than half full Urinals and toilets flush properly Rating Totals Deduction Percent Notes Partitions need deep cleaning Possible Previous Points Period 10 5 5 10 15 10 5 10 10 5 5 5 5 100 87 Deduction Percent Contract Amount Deduction Amount Adjusted Monthly Payment 8 5 4 10 15 10 5 10 10 0 5 5 5 $2,949.80 $00.00 $2,949.80 2 0% Rating This Period 10 5 5 10 15 10 5 10 10 3 5 5 5 98 City Attorney Approved Version 4/1/15 50 Item #4 May 9, 2017 Page 56 of 70 CITY OF CARLSBAD CUSTODIAL MAINTENANCE SERVICES SITES BID NO. 16-10 SAMPLE CLEANING CHECKLIST FORM Restrooms Initials Pick up trash or litter on floors and surfaces. Empty and clean waste containers. Clean mirrors. Clean, disinfect and polish basin, toilets, urinals, counter tops and exposed pipes underneath. Clean dispenser cabinets, partitions, stalls, walls and doors. Sweep and mop floors. Dust mop gymnasium and activity room wood floors. Clean and polish fixtures. Fill all dispensers. Check if urinals and toilets flush properly. Check if lights, vents, ceilings ope~able. Clean as required. Sanitize shower walls as well as the floor. Replace atomizers and batteries. Clean and polish marble, wood, stainless steel, etc. GS1542 Comments City Attorney Approved Version 4/1/15 51 Item #4 May 9, 2017 Page 57 of 70 GS1542 Interior General Space Initials Comments Clean floors and base moldings. Clean buildup in corners and along walls. Remove spider webs. Vacuum carpet areas including entrance rugs and behind furniture; remove spots. Mop hard surface areas. Clean and polish interior surfaces including but not limited to, glass entrance/ partitions doors inside /outside, all chrome, aluminum, stainless steel and other metal trims such as, push plates, kick plates, door handles and railinqs. Remove dust, dirt, marks, streaks, smudges or fingerprints on walls, mirrors, counters and partitions. Empty and clean waste containers. Clean out outside ashtrays at entrance. Clean marker boards and dry wipe all chalkboards (do not disturb writing); vacuum chalk dust from trays and erasers. Damp mop all wood floors, including gymnasium and activity room floors. Vacuum all upholstered furniture; spot clean. Damp mop wooden gymnasium and activity room floors. Clean all floor drains. Sweep & mop storage rooms. Apply a new floor finish. Buff all hard surface floors. Machine scrub all hard tile floors. Dust ceiling fans, ceiling vents, light fixtures and exposed pipes & overhead exposed mechanical equipment. Clean and polish all metal kitchen appliances. Clean Visitors' Bureau/Railroad Depot windows, inside & outside. Replace atomizers and batteries. Clean all windows inside & outside. Clean walls and ceilings (including partitions). City Attorney Approved Version 4/1/15 52 Item #4 May 9, 2017 Page 58 of 70 GS1542 Appendix B SENATE BILL 20 -DISPLACED JANITOR OPPORTUNITY ACT LABOR CODE SECTIONS 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. (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. City Attorney Approved Version 4/1/15 53 Item #4 May 9, 2017 Page 59 of 70 GS1542 (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 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 back pay, including the value of benefits, for each day during which the violation has occurred and continues to occur. The amount of back pay 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. City Attorney Approved Version 4/1 /15 54 Item #4 May 9, 2017 Page 60 of 70 GS1542 (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. City Attorney Approved Version 4/1/15 55 Item #4 May 9, 2017 Page 61 of 70 L.ocaion(s) Daes {From-To) Em~oyee Name Em~oyeelD Hour Code - '\Al cation Sid: Hoftday K>D TOTAL F\'aiect D LLC LLC LLC LLC LLC LLC LLC LLC l<i LDer Hous e l<i i.ger House '\AlcatiDn Side Hofidav K>D GS1542 Appendix C Sample Time Tracker Form TIME TRACKER Library Leamilg Center :Y!112-3/18/12 Employee Si!;J]ature _________ _ lAST NAME, FRST NAME xxxxx Supervisor Si!;J]ature.;;.. _________ _ Total Hrs Mon Tue Wed Thu Fri Sat Sun flibn Tue Wed Thu Fri Sat Sun 56 8 8 8 8 8 8 8 8 8 8 8 8 8 0 80 3/5 3<'6 317' 3/i l.19 3./~ 3111 311: l,'13 3114 31~ S/11ii 311" 311& ActNitv Mon Tue Wed Thu Fri Sat Sun flibn Tue Wed Thu Fri Sat Sun To1al Trash 0.50 025 0.50 0.50 0.50 0.5> 0.50 3.25 Re(¥lling 0.50 025 0.50 0.50 0.50 0.5> 0.50 3.25 Resi"ooms 1.00 1.00 1.00 125 1.00 1.00 1.00 7.25 Vacuum 1.00 1.00 1.00 1.00 1.00 1.00 1.00 7 Dust 1.00 0.50 1.00 1.00 1.00 1.00 1.00 6.5 11,bp 1.50 1.00 1.50 1.50 1.50 1.00 1.50 9.5 Windows/glass 0.50 1.00 0.50 0.50 0.50 1.00 0.50 4.5 Be .. 0 0 Resi"ooms 1.00 2.00 1.00 1.00 1.00 1.00 1.00 8 Vacuum 1.00 1.00 1.00 0.75 1.00 1.00 1.00 6.75 0 8.00 8 8.00 8 8.00 8 0 80 8 8 8 8 8 0 0 8 8 8 8 8 0 0 80 City Attorney Approved Version 4/1/15 56 Item #4 May 9, 2017 Page 62 of 70 GS1542 Appendix D Sample Routine Schedules Sample Routine Schedule -S, Harding Community Center-Route #1 Daily Mon-Sun (n --. Slgn in on Checklist Mon Tue Wed Thu Fri Sat Sun 1nterlo r General Snace Trash & Recycle Hand DusVOamp Wipe Flat Surfaces Hand Dust/Damp Wipe Ledges . Spotverticslsurfaoes Outside ashtrays Clean a II metal surfaces '"-"'~' Dry wipe chalkboards -·-·- Dust mop hard surfaces . Oust mop wood troors -·-· - Buff and Finish Auditorium Floor(Hardlng Community OnlyJ Vacuum carpets Spot dean carpets ... Clean glass entry doors Remove recydabfes --Clean glass entry doons Remove recyclables Crean f<jtchen counters. sinks, ---· Tables -~- R .. trooms Clean sinks, polish fixtures, """"""''""'·'" clean toilets and urinals Clean partitions Fill dispensers Sweep and Damp Mop floor San ltize shower walls and floor .. Complete Checklist ~--,~ Daily report of Issues and repairs WEEKL Y-SUNOAYS Detail vacuuming vacuum upholstered furniture Clean glass partitions Dust vertical surfaces Germicidal down drains , .. -Sweep & mop janitorial closets ·--Scrub aH hard surface floors Apply floOl' ffnish and buff _,.,.,,_,, __ ( Harding Community only) . Damp mop wood ffoors Replace urinal screens -·- Complete Checklist Submft Checkt.st ___ ..._.,,,.,,, .,., .• ,..,,.,,"' -·- City Attorney Approved Version 4/1/15 57 Item #4 May 9, 2017 Page 63 of 70 GS1542 Sample of Vendor's proposed detailed Routine Operations Schedule. Route 1 Service Days Staff A2 Arts Offce Mon-Fri (5) iii PL A4 CIT Trailer Mon-Fri {5} AS Granary Sun-Thur (5} A7 Heritage Hall Sun-Sat (7) AB Holiday House Sun-Thur (5) A9 Kruger House Sun-Thur (5) A12 Magee House Sun-Thur (5) A14 Parks Administration Sun-Thur (5) A15 Parks Modular/Break Room Sun-Thur (5) A16 Railroad Depot Sun-Sat (7) A17 scout House Sun-Thur {5} g,.., .... 2 A1 Alga Norte Community Sun-Sat (7) 2people/6hrs A10 Leo Carrillo Ranch Fri-Sun (3) A13 Municioal Water District Mon--Fri (5) Route 3 i A3 Calavera Community Center Sun-Fri (7) 2people/6hrs A 18 __ Stagecouch Community o, Sun-Sat (7) 0-·-Route4 A6 Harding Community A11 Library Learning Center A19 Streets & Facilities "'''''"""'""--Routes _, 815 Stagecoach Park Sun-Sat (7) 2people/4hrs B8 La Costa Canyon Park Sun-Sat (7) B1 Alga Norte Community Park Sun-Sat (7) B2 Aviara Community Park Sun-Sat (7) 810 Leo Carrillo Park Sun-Sat (7) B14 Skate Park Sun-Sat (7) B13 Poinsettia Park Sun-Sat (7) 816 Tamarack '111."""-'~""-"' Sun-Sat (7) Routes -••=••<><•• .. ••• B3 Beach Bluff Sun-Sat (7} 2people/4hrs B4 Calavera Park Blockhouse Sun-Sal (7) B5 Chase Field Sun-Sat (7) ,: B6 Hidden Canyon Sun-Sat (7) 87 Holiday Park Sun-Sat {7) 89 Laguna Riviera sun-sat (7) B11 Magee Park Sun-Sat (7) B12 Pine Park Sun-Sat (7) -o0 TI'Sa--,.o--"''"""'"""'·" City Attorney Approved Version 4/1/15 58 Item #4 May 9, 2017 Page 64 of 70 Sample of Vendor's proposed detailed Performance Plan Harding Community Center Service -· ---F,eq Day11 JIii Aug Sep Ocl Nov Dec Jan' Mof14hly -S<:rlib & Flnilh hard noou. Buff ftoora. Dutt fans. p,dion tops, door tops. ceiling wnls, light fixtulW. expoted pipes, mechanlca, polllh mtlll kitdlln appli~ N!lplaoe hand sanilttm, Clean applia11a1a in and out. Chec:klia, Sulmil line lradlers n lmifde 11nd out; dean WIiiis and cellSngs; remove cobwebs; polllh marble, wood. ek:; tltlp & rtt-teal; Ccmplete chlcilsl S80J.Annu. • Vacwm, sPol clHn, and lhampoo trllffic arBN; amp 1111d -' hard tile; C1ft1n window blind!; VIQMIFl'l vents; Cleilll baseboards; Compliele Cliedll\lt Mo Lattdly X X X X X X X ofmo Qtr Arst ofmo X X X Flrstd X X ofmo GS1542 X X X X X X City Attorney Approved Version 4/1/15 59 Item #4 May 9, 2017 Page 65 of 70 EXHIBIT B CONTRACTOR'S WORK FORCE Bid No. 16-10 The CONTRACTOR shall set forth in Exhibit B to the proposed CONTRACT: GS1542 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 1. 5 yers of experiences Administration, Fianance, and 2080 Full-time Designated Representative Operations Support 2. 2080 Full-time Operations Manager 5 years of experiences City Attorney Approved Version 4/1/15 60 Item #4 May 9, 2017 Page 66 of 70 EXHIBIT B Page 2 CONTRACTOR'S WORK FORCE (Continued) A. POSITION TITLE B. MINIMUM QUALIFICATIONS 3. Quality Control manager 5 years of experience 4. Supervisors 5 years of experience 5. Custodians 2 years of experiences 9. GS1542 C. TOTAL ANNUAL HOURS 2080 Full-time 2080 Full-time 13,754.16 hrs. Approx .. 11 D. Other Staff Support Title Description I Qualifications 1. E. Description of CONTRACTOR's employee training program City Attorney Approved Version 4/1/15 61 Item #4 May 9, 2017 Page 67 of 70 \Ccieyof Carlsbad Memorandum To: From:. Via Re: Mayor and City Council Members ®ohn Maashoft Public Works Manager Elaine lukey, Public Works Director Additional material/information regarding Staff Report Item #4, Adopt a Resolution accepting. bids and awarding an agreement for Citywide. custodial services to Prizm Janitorial Services, Inc. for an amount not to exceed _ $2,701,583.28 over a six-year term. Two pages of Exhibit "N' attached to the contract have outdated information and need to be clarified. Ori page 15 ofthe contract {page 21 of 67 ofthe Staff Report), the Beach Bluff restroom was listed incorrectly as Carlsbad Blvd and Oak Ave, this was changed to Carlsbad Blvd and Ptne Ave. Additionally, on page 25 of the contract (page 31 of 67 of the Staff Report) the Tamarack beach restroom W<!S added to Sectioil14 to indicate both beach restrooms {Beach Bluff and Tamarack) are covered by this section of the contract. The corrected pages were emailed to Prizm Janitorial, Inc. yesterday and they responded with the.ir approval. Pages 15 and 25 of Exhibit 11A" to the contract have been corrected and are attached to this memorandum. C: Kevin Crawfordi City Manager Celia· Brewer, City Attorney Sheila Cobian, City Clerk Services Manager Item #4 May 9, 2017 Page 68 of 70 Park Restrooms Alga Norte (3) Aviara Community Park {2) Beach Bluff Calavera Park Blockhouse Chase Field Hidden Canyon Holiday Park (2) La Costa Canyon Park Laguna Riviera Park Leo Carrillo_ Ranch (2) Magee Park Pine Park Poinsettia Park (2) Skate Park Stagecoach Park (2) Tamarack Calavera Traif Park 6565 Alicante Rd 6435 Ambrosia Lane Carlsbad Blvd & Pine Ave 2997 Glasgow Drive 3349 Harding Street 2685 Vancouver 3235 Eureka Place La Costa Ave at Pueblo & Rana Kelly and Park Drive 6200 Flying LC Lane 258 Beech Avenue 3500 Harding 6600 Hidden Valley Road 25.60 Orion Way 3420 Camino de Los Caches Tamarack and Carlsbad Blvd Calavera Park North Trailhead GS1542 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. 2.03 CONTRACTOR shaH be available for On Call I Emergency Call Back for any cleanings n$eds at any CITY owned facilities. Response time shall be no more than two {2) hours and paid at the rate listed in the CONTRACTOR'S Bid Proposal. 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 reports and line item invoicing for products used to service this CONTRACT 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 tern1s 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 c;tnd that all applicable reports and attachments have been submitted in accordance with the provisions of this CONTRACT. - City Attorney Approved Version 4/1115 15 Item #4 May 9, 2017 Page 69 of 70 GS1542 13.04 All appropriate personal protective equipment shall be provided by the CONTRACTOR when there is occupational exposure. Such items include but no limited to gloves, face shields, masks, respirators, eye protection, hearing protection, head protection, knee pads, back support, utility lantern and rain gear. 13.05 The CONTRACTOR shaH ensure that its' staff is drug free. No alcohol or drug use shall be permitted on CJTY property. Smoking is not allowed in CITY buildings. Contracted staff shall not work in any CITY building while under the influence of non-prescribed drugs and only· if consistent with the usage restrictions of prescribed drugs. 13.06 The CONTRACTOR must certify that aJI employees and representatives are trained to recognize and understand the Safety Data Sheets. 13.07 CONTRACTOR'S staff and representatives must be fluent in English. If fluency is in a language other than English, then the CONTRACTOR shall: • Provide all SDS sheets in both languages. • All containers must be labeled in both languages. • Custodial instructions and schedules shall be posted in both languages. • Provide a number for a Contractor Supervisor so that CITY staff can contact when translation is needed. 14.00 HOURS AND DAYS OF MAINTENANCE SERVICES 14.01 The basic daily hours of maintenance service for Park restrooms shall be 10:00 p.m. to 12:00 a.m. or o4:ooa.m. to 08:00a.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. or between the hours of 12:00a.m. and 04:00 a.m. and all work shall be completed by 08:00a.m. with the exception of the Beach Bluff, Tamarack arid Carrillo Ranch Restrooms. The hours of service. for the Beach Bluff and Tamarack Restrooms areB:OO p.m. (or dusk) to 12:00 a.m. No work shall begin at the Beach Bluff and Tamarack Restrooms prior to 8:00 p.m. {or dusk) and aU work shall be completed by 12:00 a.m. The hours of service for Leo Carrillo Ranch Restrooms and walkways shall be 7:00 a.m. -8:30 a.m. and interior cleaning shall start at 8:30a.m. · 14.02 The. CONTRACTOR shall be responsible for locking the Park restrooms (Excluding Leo Carrillo Ranch). The B$ach all!ff and Tamarack Restrooms shall be locked, by the CONTRACTOR1 between the hours of 8:00 p.m. and 8:30 p.m. (or dw~k). All other Park restrooms are to be locked, by the CONTRACTOR, between the hours of 10:00 p.m. and 11:00 p.m.'to insure that unauthorized personnel cannot access the facilities during hour~ of park closure. The CONTRACTOR shall be responsible for unlocking and re,..Jocklng the Park restrooms when service is not completed prior to the specified time for locking the facility. City Attorney Approved Version 4/1/15 25 Item #4 May 9, 2017 Page 70 of 70