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HomeMy WebLinkAbout2021-04-20; City Council; ; Agreement with Universal Building Maintenance, LLC, d.b.a. “Allied Universal Janitorial Services” for Citywide Facility Custodial Services and an Agreement with MEK EnterMeeting Date: April 20, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Brian Bacardi, Public Works Superintendent brian.bacardi@carlsbadca.gov, 760-434-2944 Subject: Agreement with Universal Building Maintenance, LLC, d.b.a. “Allied Universal Janitorial Services” for Citywide Facility Custodial Services and an Agreement with MEK Enterprises, Inc. for Parks Restroom Custodial Services Districts: All Recommended Action Adopt a resolution: 1.Authorizing execution of an agreement for citywide facility custodial services to Universal Building Maintenance, LLC, d.b.a. “Allied Universal Janitorial Services” (“Allied”) in an amount not to exceed $1,222,228 over a two-year term 2.Authorizing execution of an agreement for parks restroom custodial services to MEK Enterprises, Inc. in an amount not to exceed $1,315,844 over a two-year term Executive Summary The City of Carlsbad currently contracts for citywide custodial services with Prizm Janitorial Services, Inc. Changes in the city’s needs for these services and service levels would require significant modification to the existing agreement. As an alternative approach, staff opted to solicit bids from prospective vendors based on updated specifications. In January 2021, staff issued two requests for proposals: one for citywide facility custodial services and one for parks restroom custodial services. Staff received, reviewed and rated proposals from multiple vendors. Staff is recommending awarding a contract to Allied for citywide facility custodial services and to MEK Enterprises, Inc. for parks restroom custodial services. The City Council’s approval is required because the council is the awarding authority for procurement of goods and services costing more than $100,000 per agreement year under Carlsbad Municipal Code Section 3.28.040 (D)(1). Discussion Custodial services are provided using a combination of city staff and contracted services. Full- time city custodial staff have generally been assigned to maintain facilities that have a greater degree of customer usage or require additional security, such as libraries, City Hall, administrative services offices and the Police and Fire Headquarters. Part-time and contracted custodial services are used for all other city facilities. April 20, 2021 Item #2 Page 1 of 79 On May 11, 2017, an agreement was executed with Prizm Janitorial Services, Inc. after a competitive bidding process for citywide custodial services for a term of two years, with the option to extend the agreement for two additional two-year terms. On Aug. 28, 2018, the first amendment to the agreement was executed to add additional locations and services. On Apr. 23, 2019, a second amendment was executed extending the original agreement by another two-year term. Finally, on Jan. 13, 2020, a third amendment was executed to add an additional location and services. The agreement with Prizm is scheduled to expire on May 9, 2021. Over the course of the existing agreement, staff identified several areas of the contract where modifications would significantly benefit the city. Some of these changes include: •Establishing Association of Physical Plant Administrators standards to clearly define industry standards and expected service levels •Deploying contractor management software using geofencing technology to enhance staff’s ability to track services performed •Separating parks and beach restroom maintenance from citywide facility custodial services to allow for more competitive pricing on these two distinctly different services •Consolidating parks restroom custodial services into a single contract (The tasks of unlocking parks restrooms in the morning and daytime services are currently performed by two independent parks landscape maintenance contractors) •Providing detailed information on deep cleaning specification to reduce the need for daily maintenance requirements •Including a provision for weekend services to accommodate developing priorities •Incorporating the ability to discontinue services as needed, allowing for more flexibility to meet operational demands Although the agreement with Prizm has one remaining contract extension available, given the number of modifications to be applied in the revised specifications, staff determined soliciting bids was a more preferable solution and in the best interest of the city. In accordance with municipal code Section 3.28.060, a request for proposals for the citywide facility custodial maintenance services was posted on Jan. 21, 2021, and a request for parks restroom custodial services was posted on Jan. 26, 2021. On Feb. 22, 2021, the closing date for the citywide facility custodial requests, staff received, opened, witnessed and recorded 16 proposals. On Mar. 1, 2021, the closing date for the parks’ restroom custodial services request, staff received, opened, witnessed and recorded nine proposals In accordance with the city’s purchasing policies and procedures guidelines, all proposals received were evaluated following the criteria published in the requests for proposals. The proposals were evaluated against the following criteria: overall company qualifications, management qualifications and experience, quality of bid package, professional references, cost and value added. Through the evaluation process, the evaluation committee identified Allied as the vendor that offered the best value to the city for providing citywide facility custodial services. The evaluation committee identified MEK Enterprises, Inc. as the vendor that offered the best value to the city for parks restroom custodial services. April 20, 2021 Item #2 Page 2 of 79 Options Staff provides the following options for City Council’s consideration: 1. Award an agreement to Allied for citywide facility custodial maintenance services in an amount not to exceed $1,222,228 over a two-year term and award an agreement to MEK Enterprises, Inc. for parks restroom custodial services in an amount not to exceed $1,315,844 over a two-year term Pros • Allied and MEK Enterprises, Inc. have been determined to be the highest scoring firms given the evaluation criteria • Award of the agreements complies with applicable purchasing policies and municipal code sections • The quality of the city’s contracted custodial services will be improved immediately • Oversight will be added leveraging geofencing technology, allowing staff to effectively manage contractual obligations • Consolidating the parks restroom custodial obligations into a single contract will eliminate confusion over obligations and responsibilities of different contractors Con • Increased cost of service 2. Do not award the agreements and request staff re-solicit bids on the project Pros • None identified Cons • Delays in improved custodial services provided to the city • Possible health and safety concerns regarding insufficient protection against COVID-19 • Increased costs in cleaning facilities that have experienced deferred custodial services Staff recommends Option 1, awarding the agreement for citywide facility custodial services to Allied and awarding the agreement for parks restroom custodial services to MEK Enterprises, Inc. Staff also recommends authorizing the city manager to execute agreement extensions for both agreements for two additional two-year terms, each with price increases not to exceed 2% per agreement year. Fiscal Analysis Citywide facility custodial services The citywide facility custodial agreement is in an amount not to exceed $611,114 per year for the first two years of the agreement and an amount not to exceed a 2% increase per each subsequent year of the agreement. These subsequent increases will match the San Diego consumer price index increases up to, but not exceeding, 2% per year of the agreement. The first two-year agreement will not exceed $1,222,228 subject to budget approval annually. These subsequent increases will be used to cover increases in material costs, additional locations and projected increases in minimum wage. Total compensation under this agreement April 20, 2021 Item #2 Page 3 of 79 shall not exceed $3,791,373 for a maximum total duration of six years. The maximum annual agreement cost for contracted custodial services is shown in the following table: Maximum annual costs – Citywide facility custodial services Allied Janitorial Services Term Agreement year Annual agreement amount 1 2021-22 $611,114 2022-23 $611,114 2 2023-24 $623,336 2024-25 $635,802 3 2025-26 $648,518 2026-27 $661,489 TOTAL $3,791,373 Facility custodial maintenance services have traditionally been funded by the Facilities Maintenance Operating Budget. Sufficient funds are available in the budget for the fiscal year 2020-21 to fund a portion of the first year of the agreement. The proposal above represents a $236,108 increase from the current annual custodial maintenance costs for contracted facilities, so staff will make a supplemental budget request in this amount during the FY 2021-22 budget process. Parks restroom custodial services The parks restroom custodial agreement is in an amount not to exceed $657,922 per year for the first two years of the agreement and in an amount not to exceed a 2% increase per each subsequent year of the agreement. These subsequent increases will match the San Diego index increases up to, but not exceeding, 2% per year of the agreement. The first two-year agreement will not exceed $1,315,844, subject to budget approval annually. These subsequent increases will be used to cover increases in material costs, additional locations and projected increases in minimum wage. Total compensation under this agreement shall not exceed $4,081,775 for a maximum total duration of six years. The maximum annual agreement cost for contracted custodial services is shown in the following table: April 20, 2021 Item #2 Page 4 of 79 Parks restroom maintenance services have traditionally been paid for out of the Parks Maintenance Operating Budget. Sufficient funds are available in the budget for FY 2020-21 to fund a portion of the first year of the agreement. The proposal above represents a $586,756 increase from the current Prizm contract, which provides for overnight cleaning of the restrooms. Staff will also make a supplemental budget request in this amount during the FY 2021-22 budget process. Next Steps Upon City Council approval and once the agreements are fully executed and purchase orders are issued, notices to proceed will be issued to Allied and MEK Enterprises, Inc. The companies will then begin performing custodial services at city facilities, including parks restrooms, as outlined in the terms of their respective agreements, which are expected to be in place prior to the Prizm contract’s expiration date. Environmental Evaluation (CEQA) This action does not constitute a “project” within the meaning of the California Environmental Quality Act under Public Resources Code section 21065 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. Public Notification and Outreach Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. City Council resolution for citywide facility custodial maintenance services 2. City Council resolution for parks restroom custodial maintenance services Maximum annual costs – Parks restroom custodial services MEK Enterprises, Inc. Term Agreement year Annual agreement amount 1 2021-22 $657,922 2022-23 $657,922 2 2023-24 $671,081 2024-25 $684,503 3 2025-26 $698,193 2026-27 $712,156 TOTAL $4,081,775 April 20, 2021 Item #2 Page 5 of 79 RESOLUTION NO. 2021-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF AN AGREEMENT FOR CITYWIDE FACILITY CUSTODIAL SERVICES TO UNIVERSAL BUILDING MAINTENANCE, LLC, D.B.A. "ALLIED UNIVERSAL JANITORIAL SERVICES" (ALLIED) IN AN AMOUNT NOT TO EXCEED $1,222,228 OVER A TWO-YEAR TERM WHEREAS, the City of Carlsbad requires the services of a custodial services contractor; and WHEREAS, on Jan. 21, 2021, the city issued a Request for Proposals (RFP) for citywide facility custodial services; and WHEREAS, on Feb. 22, 2021, which was the closing date for the citywide facility custodial RFP, the city received, opened, witnessed and recorded receipt of 16 proposals; and WHEREAS, an evaluation committee consisting of Public Works staff reviewed and rated the proposals based on best value criteria that were determined and distributed to potential bidders before submission of proposals in accordance with Carlsbad Municipal Code (CMC) Section 3.28.050; and WHEREAS, the evaluation committee determined that Allied's proposal provided the best value to the city and met all the needs and objectives of the proposed citywide facility custodial maintenance services agreement; and WHEREAS, staff recommends award of an agreement for citywide facility custodial services to Allied in an amount not to exceed $1,222,228 over a two-year term; and WHEREAS, staff recommends City Council authorize the City Manager to approve amendments, with price increases not to exceed 2% per agreement year, to extend the Agreement for two additional two-year terms; and WHEREAS, sufficient funds are available in the Facilities Maintenance Operating Budget 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.That the proposal for citywide facility custodial services received from Universal Building Maintenance, LLC, d.b.a. "Allied Universal Janitorial Services" is hereby accepted. The April 20, 2021 Item #2 Page 6 of 79 Mayor is authorized and directed to execute the Agreement which is attached hereto as Attachment A. 3.That the City Manager is hereby authorized to execute amendments to the Agreement to extend the Agreement for two additional two-year terms with price increases not to exceed 2% per agreement year. 4.That the award of this citywide facility custodial services agreement is contingent upon Universal Building Maintenance, LLC, d.b.a "Allied Universal Janitorial Services" 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 to execute the contract and assemble the required bonds and insurance policies. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 20th day of April, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor V)trvitLir ) +or BARBARA ENGLESON, City Clerk (SEAL) 0\'.101111111fillIN cApi ....... April 20, 2021 Item #2 Page 7 of 79 AGREEMENT FOR CITYWIDE FACILITY CUSTODIAL MAINTENANCE SERVICES UNIVERSAL BUILDING MAINTENANCE, DBA ALLIED UNIVERSAL JANITORIAL SERVICES THIS AGREEMENT is made and entered into as of the ______ day of _________________________, 2021 but effective July 1, 2021, by and between the City of Carlsbad, a municipal corporation, ("City"), and Universal Building Maintenance, LLC, a California limited liability company, d.b.a Allied Universal Janitorial Services, ("Contractor"). RECITALS A.City requires the professional services of a consultant that is experienced incustodial services. B.Contractor has the necessary experience in providing professional services andadvice related to custodial services. C.Contractor has submitted a proposal to City under RFP21-1378FAC and hasaffirmed 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", Exhibit “B” and Exhibit “C”, which isincorporated by this reference in accordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCEWhile performing the Services, Contractor will exercise the reasonable professional care and skillcustomarily exercised by reputable members of Contractor's profession practicing in theMetropolitan Southern California Area, and will use reasonable diligence and best judgment whileexercising its professional skill and expertise. 3.TERMThe term of this Agreement will be effective for a period of two (2) years beginning July 1, 2021.The City Manager may amend the Agreement to extend it for two (2) additional two (2) yearperiods 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 preparea written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCETime is of the essence for each and every provision of this Agreement. 5.COMPENSATIONThe total fee payable for the Services to be performed during the initial Agreement term will notexceed six hundred eleven thousand one hundred thirteen dollars and fifty-six cents($611,113.56) per Agreement year. Compensation during the second Agreement term may beadjusted by amending the Agreement for an amount equal to the San Diego Consumer PriceIndex (CPI) but shall not to exceed 2% per Agreement year. If the City elects to extend the Agreement beyond the initial two-year term, the total fee payable for services during anysubsequent Agreement year shall not exceed the compensation established during the previousAgreement year plus a CPI increase not to exceed 2%. Attachment A April 20, 2021 Item #2 Page 8 of 79 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 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 to the extent 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’ 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 April 20, 2021 Item #2 Page 9 of 79 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 (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 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 included as an additional insured to the extent of the Contractor’s indemnification obligations under Section 9 above and up to the required insurance coverage amount 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. 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 April 20, 2021 Item #2 Page 10 of 79 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. 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 For Contractor Name Brian Bacardi Name Shawn DeYoung Title Public Works Superintendent Title Project Manager Department Public Works Address 10680 Treena Street City of Carlsbad San Diego, CA 92131 Address 405 Oak Ave. Phone No. 619-275-7000 Carlsbad, CA 92008 Email Shawn.DeYoung@aus.com Phone No. 760-434-2944 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. April 20, 2021 Item #2 Page 11 of 79 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 categories. Yes No 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 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 ninety (90) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable April 20, 2021 Item #2 Page 12 of 79 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. 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. /// /// April 20, 2021 Item #2 Page 13 of 79 26. LIMITATION OF LIABILITY Anything to the contrary notwithstanding, under no circumstances will either party be liable to the other party for consequential, incidental, indirect or punitive damages, or for lost profits. 27. FORCE MAJEURE No failure or omission by either party in the performance of any obligation under this contract (except for payment obligations) will be deemed a breach of this contract by such party or create any liability on the part of such party for damages or otherwise, if the same shall arise from any cause or causes beyond the control of such party, including but not limited to the following: acts of God, war, riot, insurrection, rebellion, fire, earthquake, flood, storm, disease, epidemic, pandemic, quarantine or governmental orders, acts or restrictions. The afflicted party shall notify the other party of such force majeure circumstances as soon as reasonably practical and shall promptly undertake all commercially reasonable efforts necessary to cure such force majeure circumstances. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// April 20, 2021 Item #2 Page 14 of 79 28. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California Universal Building Maintenance, LLC, a California limited liability company, d.b.a Allied Universal Janitorial Services By: By: (sign here) Matt Hall, Mayor Mark Olivas, President (print name/title) ATTEST: By: (sign here) for Barbara Engleson, City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: _____________________________ Assistant City Attorney April 20, 2021 Item #2 Page 15 of 79 EXHIBIT “A” TERMS OF SERVICES AND FEES Buildings Location Approx. Sq. Ft. Days of service Service window Service Minimum hours per day* Monthly Cost ($) Alga Norte Community Center 6565 Alicante Rd. (snack bar and equipment rooms not included) 14,078 Su-Sa (7) 7pm-5am 2pm-3pm Cleaning (See special instructions) Maintenance 5 1 $3,714.45 $742.89 Communications Office 2955 Elmwood Ave 1,843 Mo-Fr (5) 6pm-6am Cleaning 1 $536.36 Calavera Community Center 2997 Glasgow Dr. 19,471 Su-Sa (7) 9pm-7am 2pm-3pm Cleaning Maintenance 3 0.75 $2,480.41 $620.10 Cole Library 25,033 Sa (1) 5pm-9am 12pm 2:30pm Weekend Service Maintenance Maintenance 3.5 0.5 0.5 $484.12 $69.16 $69.16 Su (1) 5pm-9am 2:30pm Weekend Service Maintenance 3.5 0.5 $484.12 $69.16 Mo-Fr (5) 5pm 7pm Maintenance Maintenance 0.5 0.5 $345.80 $345.80 Dove Library 73,537 Sa (1) 5pm-9am 11am 2:30pm Weekend Service Maintenance Maintenance 6 1.5 1.5 $719.92 $269.97 $269.97 Su (1) 5pm-9am 2:30pm Weekend Service Maintenance 6 1.5 $719.92 $269.97 Mo-Fr (5) 3:30pm-7:30pm 4 hour maintenance shift 4 $3,599.99 Faraday Center 68,000 Sat/Sun No restriction Weekend Service 16 total $3,110.08 Fleet Maintenance 2480 Impala Dr Break room, restrooms, offices. Hand wash station 1,000 (est) Mo-Fr (5) 8am-4pm Cleaning 1.5 $759.67 Harding Community Center Auditorium and Rec Hall 3096 Harding Street 7,739 Mo-Fr (5) Sa/Su (2) 9pm-7am 1am-8am Cleaning 3 $2,216.98 April 20, 2021 Item #2 Page 16 of 79 Harding Community Center Office and Reception 3096 Harding Street 2,669 Mo-Fr (5) Sa/Su (2) 6pm-6am 6pm-6am Cleaning Maintenance 1.5 1 $797.15 $212.57 Holiday Park -Holiday House 3235 Eureka Place Seasonal – Est. 5 mo/year 822 Mo-Fr (5) 6pm-6am Cleaning 1 $513.44 Holiday Park Kruger House 3215 Eureka Place 1,226 Mo-Fr (5) 6pm-6am Cleaning 1 $522.21 Holiday Park Scout House 3225 Eureka Place 2,144 Mo-Fr (5) 9pm-6am Cleaning 1 $543.12 Leo Carrillo Ranch Hacienda/Diedies House 6200 Flying LC Lane 3,286 Fri (1) 9am-2pm Cleaning (see special instructions) 2 $280.87 Leo Carrillo Ranch Patios at Hacienda Courtyard & side yard. Caretakers – front porch & rear courtyard. Su-Sa (7) 6am-9am Clean patios Sweep and mop 1 $983.06 Leo Carrillo Ranch Visitors Center, 6200 Flying LC Lane 1,200 Mo-Fr (5) 9am-4pm Cleaning (see special instructions) 1.5 $715.01 Leo Carrillo Ranch Stables, Carriage House 6200 Flying LC Lane 4,474 Fri (1) 6am-8:30am Cleaning (see special instructions) 1 $837.68 Leo Carrillo Ranch Caretakers House 6200 Flying LC Lane 1,660 Fri (1) 9am-4pm Cleaning (see special instructions) 1 $144.72 Leo Carrillo Ranch Restrooms Caretakers House (2) Chicken Coop (6) Hacienda (2) 683 (est) Su-Sa (7) 6am-9am Cleaning 2.5 $124.13 Library Learning Center 3368 Eureka Place 11,393 Mo-Sa(6) 9pm-6am Cleaning 2.5 $1,718.88 Magee Park Magee House 258 Beech Ave 2,416 Th, Mo (2) 8pm-6am Cleaning 2 $454.43 Magee Park Heritage Hall 2650 Garfield Street 1,442 Mo-Fr (5) Sa/Su (2) 9pm-7am 1am-8am Cleaning Cleaning 1.5 1.5 $2,075.59 Magee Park Granary 2659 Garfield Street 572 Mo-Fr (5) 9pm-7am Cleaning (see special instructions) 0.75 $386.70 Monroe Pool 3401 Monroe St 2,665 Su-Sa (7) 9pm-6am 12pm-1pm Cleaning Maintenance 3 0.75 $2,103.05 $525.76 April 20, 2021 Item #2 Page 17 of 79 Municipal Water District 5950 El Camino Real 14,000 (est) Mo-Fr (5) 6pm-6am Cleaning 3 $1,778.29 Parks Administration 1166 Carlsbad Village Drive 3,292 Mo-Fr (5) 6pm-6am Cleaning 2 $1,053.37 Pine Community Center 3209 Harding St 18,000 Mo-Fr (5) 6pm Maintenance 0.75 $467.03 Sa-Su (2) 9pm-7am 10:30am 1pm 3:30pm Weekend service Maintenance Maintenance Maintenance 3 0.75 0.75 0.75 $1,868.10 $560.43 Railroad Depot 400 Carlsbad Village Drive 1,566 Su-Sa (7) 6pm-6am Cleaning 2 $1,400.80 Senior Center 799 Pine Ave 31,895 Mo-Fr (5) 6pm Maintenance 0.75 $819.49 Sa-Su (2) 9pm-7am 10:30am 1pm 3:30pm Weekend service Maintenance Maintenance Maintenance 3 0.75 0.75 0.75 $1,311.18 $983.39 Stagecoach Community Center 3420 Camino de los Coches 18,268 Su-Sa (7) Holidays 9pm-7am 2pm Cleaning Maintenance 3 0.75 $2,961.57 Streets and Facilities Admin 405 Oak Ave 7,668 Mo-Fr (5) 6pm-6am Cleaning 3 $1,636.11 Extra work as needed Estimated hours per month Cost per hour Monthly cost ($) Extra Clean Up - If restroom requires full cleaning during maintenance call. Contractor to advise Contract Administrator of details and hours on the next business day. 20 $25.00 $500.00 Emergency Call Out – minimum 2 hours on site. Must be coordinated with City representative. 10 $25.00 $250.00 Special Events - Location and scope as directed. Administrator to provide 2 weeks’ notice 20 $25.00 $500.00 Total Monthly Rate $50,926.13 Total Annual Rate $611,113.56 Cleaning service must take place during the specified shift before each day of operation. For example, service for Monday should take place on Sunday night/Monday morning. * Minimum labor hours at each building is for the daily service only. Hours specified is the minimum required, but in order to meet specified standards more time may be needed. Maintenance and periodic service is not factored into these estimates. Maintenance service time is approximate, but service must occur 30 minutes either side of the specified time. April 20, 2021 Item #2 Page 18 of 79 GENERAL SPECIFICATIONS 1. DEFINITIONS Whenever the following terms are used in this agreement, they shall have the following meaning: a. AGREEMENT ITEM – Individual items of work in the CONTRACTOR’S Proposed Cost of Service Chart at an agreed price for the work. b. CITY - The CITY of Carlsbad. c. CITY MANAGER - The fully appointed CITY MANAGER of the CITY or his authorized representative. d. CONTRACT ADMINISTRATOR – The Deputy City Manager of Public Works’ designee for awarding and administering the CONTRACTOR’S work under this agreement. e. CONTRACTOR - The managing individual of the contracting entity or his authorized employees or representatives. f. PERIODIC INSPECTION – Routinely scheduled or randomly noticed inspection or audit conducted by CITY. g. PUBLIC WORKS MANAGER - The CITY official designated as the Public Works Manager, or any of their authorized representatives. 2. STANDARDS OF WORK AND CONTRACTOR RESPONISBILITY a. All city facilities shall be serviced in a professional, workmanlike manner using quality equipment and materials b. 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 standards specified in Exhibit B at no less than the frequencies set forth herein. c. 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 all other maintenance required to maintain the areas included in this CONTRACT in accordance with specified schedules and standards. d. CONTRACTOR shall be available for On Call / 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. e. 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 April 20, 2021 Item #2 Page 19 of 79 within twenty-four (24) hours. Failure to report these issues will be treated as a complaint (see section 5c). f. The following is an excerpt from Senate Bill 20, Displaced Janitor Opportunity Act. Labor Code Section 1060-1065 “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 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...” g. 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. 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. 3. FACILITIES TO BE MAINTAINED The facilities to be maintained under the provisions of this CONTRACT are as follows: Buildings Location Est. Sq. Ft Alga Norte Community Center 6565 Alicante Rd. (snack bar and equipment rooms not included) 14,078 Communications Office 2955 Elmwood Ave 1,843 Calavera Community Center 2997 Glasgow Dr. 19,471 Cole Library 1250 Carlsbad Village Dr. 25,033 Faraday Center 1635 Faraday Ave 68,000 April 20, 2021 Item #2 Page 20 of 79 Fleet Maintenance 2480 Impala Dr Break room, restrooms, offices. Hand wash station 1,000 (est) Harding Community Center Auditorium and Rec Hall 3096 Harding Street 7,739 Harding Community Center Office and Reception 3096 Harding Street 2,669 Holiday Park Holiday House 3235 Eureka Place 822 Holiday Park Kruger House 3215 Eureka Place 1,226 Holiday Park Scout House 3225 Eureka Place 2,144 Leo Carrillo Ranch Hacienda/Diedies House 6200 Flying LC Lane 3,286 Buildings + patios Leo Carrillo Ranch Visitors Center 6200 Flying LC Lane 1,200 Leo Carrillo Ranch Stables, Carriage House 6200 Flying LC Lane 4,474 Leo Carrillo Ranch Caretakers House 6200 Flying LC Lane 1,660 + Patio and porch Leo Carrillo Ranch Restrooms 6200 Flying LC Lane Caretakers House (2) Chicken Coop (6) Hacienda (2) 683 (est) Magee Park Magee House 258 Beech Ave 2,416 Magee Park Magee House 258 Beech Ave 2,416 April 20, 2021 Item #2 Page 21 of 79 Magee Park Heritage Hall 2650 Garfield Street 1,442 Magee Park Granary 2659 Garfield Street 572 Monroe Pool 3401 Monroe St 2,665 Municipal Water District 5950 El Camino Real 14,000 (est) Parks Administration 1166 Carlsbad Village Drive 3,292 Pine Community Center 3209 Harding St 18,000 Pine Community Center 3209 Harding St 18,000 Railroad Depot 400 Carlsbad Village Drive 1,566 Senior Center 799 Pine Ave 31,895 Stagecoach Community Center 3420 Camino de los Coches 18,268 Streets and Facilities Admin 405 Oak Ave 7,668 a. 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. April 20, 2021 Item #2 Page 22 of 79 4. PAYMENT AND INVOICES a. 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. b. Monthly invoices shall be prepared with an itemized cost per location and the total deduction (if applicable). c. Invoices for approved On Call / 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 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. d. In the event the CITY transfers title or maintenance responsibility of a facility, or a portion thereof, this Contract shall continue in full force and effect. The CONTRACT ADMINISTRATOR may delete facilities, or portions thereof, from the contract, the Contract sum shall be reduced accordingly. e. The CONTRACT ADMINISTRATOR may, at their 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. f. The CONTRACT ADMINISTRATOR may cancel or postpone itemized services at any location. Sixty days’ notice shall be provided prior to the cancellation of services, and thirty days’ notice provided to the postponement of services. The itemized cost of the services not rendered shall be removed from subsequent invoices. g. 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. Compensation increases will not be authorized prior to the end of each contract period. April 20, 2021 Item #2 Page 23 of 79 5. ENFORCEMENT, DEDUCTIONS AND LIQUIDATED DAMAGES a. The CONTRACT ADMINISTRATOR shall be responsible for the enforcement of this Contract on behalf of CITY. b. 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 in 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 maximum point score of 100. To avoid deductions from payment, CONTRACTOR must receive a rating of 95 or higher per facility 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. The monthly Inspection Rating System report shall constitute reason for any deductions so imposed. c. The CONTRACT ADMINISTRATOR shall maintain a record of complaints filed by CITY staff, members of the public or deficiencies directly observed by the CONTRACT ADMINISTRATOR. Each complaint will be forwarded to the CONTRACTOR, and a deduction of $25 will be added to the inspection deductions for each verifiable complaint. Complaints include, but are not limited, to: i. The work task in an area was not performed in strict accordance with the performance standards. ii. Work tasks were not performed in their entirety. iii. The specified equipment, tools and chemicals were not used or were not in good operating condition. iv. The tasks were not performed within the scheduled work shift or within the specified timeframe. v. Failure to respond to a call back within 2-hour time frame. d. In the event of non-performance of work by the CONTRACTOR, the CONTRACT ADMINISTRATOR shall have the right to exercise one of the following options: If the CONTRACTOR’S staff fail to show up for service the CONTACT ADMINISTRATOR may request that the service is completed within 2 hours of notification; or The Contract Administrator may allow the non-performance to remain uncorrected and make a deduction from the monthly payment, in direct proportion to the monthly service fee and frequency of monthly service. For any Failure to adequately comply in meeting the requirements of providing adequate and competent management or 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. Examples of such failure include but are not limited to: i. Failure to make adequate corrections to an inspection report. April 20, 2021 Item #2 Page 24 of 79 ii. Repeating deficiencies highlighted in inspection reports. iii. Receiving repeated complaints about the same service. iv. Not maintaining equipment in a safe of sanitary manner. v. Not maintaining adequate supplies of cleaning products and consumables. vi. Failure to maintain and provide service records. 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. e. Failure of the CONTRACT ADMINISTRATOR 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. 6. INSPECTIONS, MEETINGS, & REPORTS a. 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. b. The CONTRACTOR or their authorized representative shall meet with the CONTRACT ADMINISTRATOR or their representative on each site monthly for the initial year of the Contract then thereafter at the discretion and convenience of the CONTRACT ADMINISTRATOR c. At the request of the CONTRACTOR ADMINISTRATOR, the CONTRACTOR, or their 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. d. CONTRACTOR, or their appropriate representative, 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. e. 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. This information shall be pertinent and relative to the maintenance, operation, and safety of the sites and may include: i. Monthly periodic service (to be provided on the 15th of the month prior to month of service) ii. Staff names and service location/s iii. Site cleaning inspections iv. Building and maintenance issues reported v. Safety training schedule and completion logs vi. Equipment list and locations April 20, 2021 Item #2 Page 25 of 79 7. CONTRACTOR'S DAMAGES All damages incurred to existing facilities by the CONTRACTOR'S operation shall be repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of the CONTRACT ADMINISTRATOR, and all at the CONTRACTOR'S expense. 8. EXTRA WORK The CITY may award Extra Work to the CONTRACTOR 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 the existing contract. Extra work will be one of the following: a) Additional work during a shift that falls outside of the regular scope of work such as emergency clean up. This will be verbally approved by the CONTRACT ADMINISTRATOR. b) Additional service for special events. An estimated cost for the extra work must be approved by the CONTRACT ADMINISTRATOR in writing. Cost of extra work will be billed in accordance with the rate schedule for emergency work. Additional supplies and other associated costs will be billed at cost plus 15%. 9. SAFETY a. 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 performance of his duties 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 at a minimum, annual inspections for any potential hazards at said sites and keep a log indicating date inspected and action taken. b. CONTRACTOR shall notify the CONTRACT ADMINISTRATOR immediately of any occurrence of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report thereof to the CONTRACT ADMINISTRATOR within three (3) calendar days following the occurrence. CONTRACTOR shall cooperate fully with the CITY in the investigation of any such occurrence. 10. HOURS AND DAYS OF SERVICES a. Janitorial service shall only take place during the specified hours and days of service. b. CONTRACTOR shall provide staffing to perform the required maintenance services during the prescribed hours. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the CONTRACT ADMINISTRATOR. April 20, 2021 Item #2 Page 26 of 79 c. Service is not required at the following locations on the following days. Alga Norte Aquatics Center New Year’s Day Thanksgiving Day and the day after Christmas Day Calavera Community Center Granary Harding Heritage Hall Leo Carrillo Monroe Pool Aquatics Center Pine Community Center Senior Center Stagecoach Community Center Arts Office New Year’s Day Martin Luther King Day Presidents Day Memorial Day July 4th Labor Day Columbus Day Veterans day Thanksgiving Day and the day after Christmas Day Cole Library Dove Library Faraday Fleet Maintenance Holiday House Kruger House Library Learning Magee House Water District Parks Admin Railroad Depot Safety Training Center Scout House Streets & Facilities When a holiday falls on a Saturday the observed closure will be the Friday before. When a holiday falls on a Sunday the observed closure will be the Monday after. SECURITY a. 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. b. The CONTRACTOR shall not duplicate keys to buildings and park restrooms; additional keys, as needed, shall be provided by the CONTRACT ADMINISTRATOR. The CONTACTOR shall be required to perform an annual key audit with the CONTRACT ADMINISTRATOR or designee. c. CONTRACTOR employees shall not use CITY phones, computers, copiers, fax machines, custodial equipment or other such equipment. d. All lights are to be turned off when leaving unoccupied buildings April 20, 2021 Item #2 Page 27 of 79 11. PERFORMANCE MANAGEMENT PLAN a. 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 made available to the CONTRACT ADMINISTRATOR upon request. b. 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. c. CONTRACTOR’S authorized Manager and designated Supervisory Staff shall meet quarterly with the CONTRACT ADMINISTRATOR and/or designee to review Contract Performance. CONTRACTOR’S equipment and chemicals may be reviewed by the CONTRACT ADMINISTRATOR or designee upon request to assure compliance and proper function. The CONTRACTOR will be required to modify, change and improve equipment and supplies as indicated by these inspections. d. 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 evaluations shall be requested at the discretion of the CONTRACT ADMINISTRATOR for the life on the Contract. e. Service Verification: i. The City of Carlsbad shall provide a GPS based Janitorial management system. This system will provide geofence based tracking of staff at each location serviced, and service verification. ii. The system will identify each staff member by name. iii. Staff will verify completion service in real time. iv. Staff will report maintenance issues in real time. v. CONTRACTOR will ensure staff have active smartphones. The application shall be installed in each phone and be active during times of service. vi. Failure to report completed service and/or keep the phone active during service, will be treated as a complaint as detailed in Section 5c. 12. CONTRACTOR'S DAMAGES 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. April 20, 2021 Item #2 Page 28 of 79 13. COMMUNICATIONS AND EMERGENCY RESPONSE a. 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 workday. b. The CONTRACTOR and designated supervisor 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. 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. c. 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. d. 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. e. The CONTRACTOR shall maintain a written log of all call back / 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 via a shared electronic drive. f. 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. April 20, 2021 Item #2 Page 29 of 79 14. CONTRACTOR'S STAFF AND TRAINING a. 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. b. The CONTRACTOR shall consider and plan for appropriate labor resources for illness, vacation and other loss time events so services shall continue uninterrupted. c. 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 d. CONTRACTOR shall make available an updated list of all staff and supervisors, and include work locations. e. Contracted staff is expected to handle any necessary communication and actions with CITY staff and the public in a professional manner. f. All CONTRACTED staff must pass a Livescan background check prior to being issued access or keys to CITY buildings. 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. There will be no exceptions and no substitutions of personnel without prior fingerprinting and background clearance checks. g. 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. h. Contracted staff shall not remove or consume anything belonging to the CITY or CITY employees, including removal of food and beverages from CITY refrigerators, cabinets or lockers. This policy includes any articles that may be deposited for disposal in trash or recycling receptacles. i. 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. j. 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" April 20, 2021 Item #2 Page 30 of 79 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). k. 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. l. 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 m. 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. n. 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 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. o. 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. p. 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. q. The CONTRACTOR shall provide appropriate safety training and associated documents for all staff in accordance with CALOSHA requirements. Records of such training and documents shall be provided to CONTRACT ADMINISTRATOR upon request. r. 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. The CONTRACT ADMINISTRATOR or designee April 20, 2021 Item #2 Page 31 of 79 may, from time to time, monitor the conduct of such training classes. Documentation of all training shall be supplied to the CONTRACT ADMINISTRATOR upon request. s. Contracted staff shall be assigned to a specific building(s) and shall be exclusive 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. t. 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. 15. NON-INTERFERENCE - NOISE a. 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. b. 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. c. 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 ensure that the public is not unduly impacted by the noise created by such equipment. 16. RECYCLING PROGRAM & COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS a. CONTRACTOR shall be responsible for participating in the Solid Waste / Recycling Program at the CITY as well as the use of green chemicals and products. 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. Recycled material place in dumpster must not be bagged. b. The CONTRACTOR shall be responsible for supporting any future recycling efforts or enhancements that the CITY implements during the life of the Contract. c. 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. d. 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 April 20, 2021 Item #2 Page 32 of 79 Water Quality Control Board (RWQCB) permit, Carlsbad Municipal Code and the City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference including but not limited to capture and legal disposal of all cleaning compounds, liquids or other related materials. 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. 17. EQUIPMENT a. 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. 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 may be 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. b. All equipment required for the performance of work under this Contract shall be functioning, clean and well maintained. Equipment shall be 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, scrubbing machines, rotary machines, carpet extractors, restroom cleaning systems, brooms, brushes, mops, mop buckets, cleaning towels and dust wands. c. The Contractor shall provide, maintain, repair and/or replace monthly or as needed, all necessary custodial tools and equipment including but are not limited to brooms, brushes, mops, pails, vacuum cleaners, rotary buffers, dust cloths, dust wands, scrubbers, etc. Mop heads must be a quality brand name microfiber flat mop and shall be laundered every day and replaced per the manufactures recommendations. d. 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. e. The CONTRACTOR shall not use alternate equipment or tools without prior written permission from the CONTRACT ADMINISTRATOR. April 20, 2021 Item #2 Page 33 of 79 f. 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. g. 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. h. All equipment shall have adequate bumpers and guards to prevent marking or scratching of fixtures, furnishings and/or building surfaces. i. 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. 18. CHEMICALS, CLEANING PRODUCTS & MATERIALS a. 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. b. The CONTRACTOR may use the installed Waxie Dilution Control Solution Systems and the appropriate chemicals, but may not use CITY owned chemicals. c. 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. d. Safety Data Sheets (SDS) 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. e. No chemicals or cleaning agents shall be stored at any facility without the express written permission of the CONTRACT ADMINISTRATOR. CONTRACTOR shall carry chemicals and cleaning agents to and from the job site daily. f. 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 list in the the Request for Proposals, of this contract or approved in writing by the CONTRACT ADMINISTRATOR. April 20, 2021 Item #2 Page 34 of 79 g. The CONTRACTOR shall supply and maintain adequate supplies in all custodian closets listed under at all times: i. Toilet paper ii. Paper towels iii. Seat liners iv. Hand soap v. Shower soap/bodywash vi. Hand sanitizer vii. Wastebasket liners h. 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. i. The CONTRACTOR may contact the CITY’s custodial supply representative with any questions regarding Waxie products. 19. DRUG AND ALCOHOL FREE WORKPLACE a. The CITY is committed to maintaining a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. b. CONTRACTOR agrees that CONTRACTOR and CONTRACTOR’S employees, while performing services for the CITY, on CITY property, or while using CITY equipment will not be in possession of, use, or be under the influence of drugs or alcohol. c. CONTRACTOR has the duty to inform all employees or agents of CONTRACTOR that are performing service for CITY on CITY property or using CITY equipment of the CITY’S objective of a safe, healthful and productive workplace and the prohibition of drug or alcohol possession, use or impairment from same while performing such service for CITY. d. CITY has the right to terminate or declare this or any other agreement CONTRACTOR has with the CITY in DEFAULT if CONTRACTOR’S employees are determined by the CONTRACT ADMINISTRATOR to have breached any of the provisions noted above. 20. ASSIGNMENT OF CONTRACT a. CONTRACTOR shall not assign this contract or any part thereof and or monies due there under without the prior written consent of the CONTRACT ADMINISTRATOR. April 20, 2021 Item #2 Page 35 of 79 EXHIBIT “B” SCOPE OF SERVICES When contracted work begins the CONTRACTOR shall clean all buildings service to APPA Cleaning Level 2 within 3 months of receiving the notice to proceed. When this has been completed the CONTRACTOR and CONTRACT ADMINISTRATOR will inspect the buildings to confirm and agree that this requirement has been met. Cleaning Scope of Services Cleaning Products and Consumables All cleaning products, soap, hand sanitizer, toilet paper and paper towels to be provided by CONTRACTOR (see product list in appendix). The CONTRACTOR may use alternative equivalent products with written approval from the CONTRACT ADMINISTRATOR. Daily Activities A. Empty trash, recycling containers and paper shredders; re-line as needed with properly sized clear bags; wipe containers clean, as necessary. All trash and recycling to be disposed of in City provided dumpster. B. Hand dust and/or damp wipe, without streaking, all common area flat surfaces, including but not limited to, counters, receptionist counters/desks and common office furnishings such as file cabinets, desk chairs, tables and bookcases. C. Remove all finger marks, smudges, and other marks around light switches, doorknobs, entry doors, metal partitions, interior glass panels and corridor walls. D. Hand dust and/or damp wipe all ledges and flat surfaces below 72" from the floor. E. Wipe clean with disinfectant all chrome, aluminum, stainless steel and other metal trims, such as, but not limited to, push plates, push button, kick plates, door handles, counters and railings. All metal fixtures must be free of grime, rust, scale, oxidation, tape residue etc. Use stainless steel cleaner and metal polish as needed. F. Clean marker boards with appropriate cleaning solutions, as needed, when board contains no writing/drawings. G. Dust mop all hard surface / tile floor surfaces; sweep all stairways. Damp mop all hard surface / tile, wood and linoleum floors, including stairs, spray buff all hard surface / tile areas. H. Dust mop all wood floors. Floor mops must be rotated weekly to prevent slippery floors. Maintain separate dust mops for use only on gymnasium and activity room floors. I. Damp mop Harding Community Center auditorium floor to eliminate slippery conditions. J. Thoroughly vacuum high traffic areas of all carpets and rugs, including entrance rugs: spot clean carpets and rugs as needed. K. Clean restrooms and showers: use germicidal detergent to clean all toilets and urinals, inside and outside including seats; clean and polish all flush valves, faucets and exposed piping; a. Clean all wash basins/sinks and wipe dry; b. Clean all mirrors, shelves under mirrors, and other shelves or brackets. April 20, 2021 Item #2 Page 36 of 79 c. Wipe down walls as needed. d. 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 containers that are designed to be thrown away once the product has exhausted. e. Check/refill shower body wash dispensers. f. Mop floors with disinfecting cleaner and rinse i. Damp mop resilient floor ii. Wet mop ceramic tile and concrete g. Clean with disinfecting cleaner: i. Restroom surfaces 1. Floors 2. Wall surfaces (tile, FRP etc.) 3. Partitions 4. Doors ii. Touchpoints 1. Light switches 2. Dispensers 3. Valves 4. Faucets 5. Sinks 6. Grab bars iii. Shower floors and walls at all facilities. h. Waterless urinal maintenance - to be done strictly in accordance with attached instructions EXHIBIT “D” (which can be modified by CONTRACT ADMINISTRATOR). L. Kitchens/Coffee stations. Clean counters with disinfecting cleaner: sinks, faucets, dispensers, fridge handles, tabletops and cabinet doors. Wipe down appliance surfaces as needed. Refill all dispensers as needed. M. Sanitize all door handles, grab bars, push plates, public computer stations (including keyboards), kitchen counters, fridge handles, coffee station counters. N. Notify CITY staff of any needed repairs. Twice Weekly A. Clean all commodes with approved bowl cleaner, cleaning shall be separated by 3 days. 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 (including office chairs) and fabric partitions; spot clean as needed. C. Clean all inside glass partitions. D. Clean and polish all entrance doors and jambs, inside and out up to 8 feet from floor surface. Remove any spots or tape residue. April 20, 2021 Item #2 Page 37 of 79 E. Dust all baseboards, picture frames and other vertical surfaces of all office furniture; dust all molding, ledges, and windowsills, tops of partitions, trim ventilators, louvers and air registers regardless of height above floor. Remove all spider webs from ceilings and corners. F. Hand dust and/or damp wipe without streaking all personal area flat surfaces, including offices, cubicles, 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. G. Pour ½ gallon water containing two ounces of drain treatment down all floor drains, mops sinks, showers and kitchen drains. Scrub and clean the custodian's deep sink. H. Sweep and mop janitorial closets. Restock all supplies. Closets and sink must remain clean and organized at all times. I. Hand scrub all hard surface / tile floors and stairs. J. Damp mop all wood floors, with Waxie Balance Floor Cleaner (or approved equal). Gymnasium floor mops must be laundered/replaced weekly to prevent slippery floors. K. Replace urinal screens (flushing urinals only). L. Restroom floor scrubbing with disinfecting cleaner – machine scrub with extraction. Use deck and crevice brushes to clean hard to reach areas, cove and base. Grout shall be clean and free from grime and build up. M. Check hand sanitizer stations and top up as needed. N. Restroom cleaning with touchless system (Waxie Versa or equivalent). a. Spray down walls, floors, fixtures, partitions, counters, toilets, urinals and sinks with disinfectant solution. Allow solution to sit for 10 minutes. b. Pressure wash all surfaces (appropriate pressure must be used to eliminate the risk of damage to surfaces and caulking). Notify CONTRACT ADMINISTRATOR about cracks and holes in grout and surfaces that may cause water damage over time: i. Sinks ii. Faucets iii. Counters (do not pressure wash counters with wood or wood composite core such as Formica) Contact the CONTRACT ADMINISTRATOR if clarification is required. iv. Walls (if tile, epoxy paint over concrete or FRP) v. Partitions vi. Toilets vii. Urinals viii. Squeegee, vacuum and wipe wet surfaces down as needed c. Clean and polish all basin fixtures and exposed pipes underneath; O. Waterless urinal maintenance - to be done strictly in accordance with attached instructions (which can be modified by the CONTRACT ADMINISTRATOR as needed). Replacement cartridges and domes will be provided to the CONTRACTOR as needed. April 20, 2021 Item #2 Page 38 of 79 Monthly Activities Shall be performed in addition to all items required under Daily and Weekly Activities. The CONTRACTOR shall advise, via email, the CONTRACT ADMINISTRATOR of the periodic service schedule prior to the first of the month of service. A. Machine scrub all stone, concrete and tile floors, and hard surface stairs. All floor surfaces and grout must be free from build-up, gum and grime. Crevice and wall/base transition must be clean. B. Buff all hard surface and wood floors (Spotlight or approved equal). C. Dust all ceiling fans. D. Dust all partition tops, door tops, cabinets and light fixtures. E. Dust exposed pipes and overhead exposed mechanical equipment, such as HVAC supply and return registers. CONTRACTOR must not dust or make contact with fire sprinkler heads. F. Clean and polish all kitchen appliances. G. Clean and polish all metal surfaces. H. Kitchen and coffee stations: a. Clear and clean all counters and surfaces. b. Clean exterior of all cabinets. c. Clean trash cans. d. Clean all appliances inside and out. I. Clean and disinfect all lockers. J. Refillable soap dispensers: a. Remove cartridge. b. Pour soap into spare clean cartridge. c. Rinse and flush old cartridge, and keep for next use. d. Clean inside of soap dispenser with disinfectant and detail brush. e. Replace newly refilled cartridge. K. Refillable hand sanitizer dispensers: a. Remove cartridge. b. Clean inside of dispenser and cartridge nozzle with disinfectant and detail brush. c. Replace cartridge. L. Sealed cartridge soap and hand sanitizer dispensers: a. Remove cartridge. b. Clean inside of dispenser with disinfectant and detail brush. c. Replace cartridge. M. Empty, clean and restock all refrigerators. Do not dispose of anything, but inform CONTRACT ADMINISTRATOR of items that should be disposed of. Quarterly Activities Shall be performed during the month of January, April, July and October and in addition to all items required under Daily, Weekly and Monthly Activities. The CONTRACTOR shall advise, via email, the CONTRACT ADMINISTRATOR of the periodic service schedule prior to the first of the month of service. A. Clean all windows and glass panels (interior only). April 20, 2021 Item #2 Page 39 of 79 B. Clean all window blinds such that there is no dust or build up present. C. Clean walls and ceilings (including partitions). D. Removal all cobwebs. E. Vacuum and damp wipe HVAC vents. F. Walls and paneling - clean, scrub and polish tile, wood, FRP etc. G. Strip, re-seal Harding Center’s Auditorium floor. H. Clean carpets (extraction method) at: a. Calavera and Stagecoach – entrance, main corridor. b. Faraday - Public area at planning counters, conference rooms 173 A and B, adjoining corridors, rear entrances, 2 stairwells and upper landing, main entrance staircase. Semi-Annual Activities Shall be performed during the month of January and July and in addition to all items required under Daily, Weekly, The CONTRACTOR shall advise, via email, the CONTRACT ADMINISTRATOR of the periodic service schedule prior to the first of the month of service. A. Vacuum, spot clean, and shampoo all 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. B. Resilient flooring - strip old coating, re-seal all sealed resilient flooring. Upon completion of this task, floor shall be free of all scuff marks, dirt, dust, soil, spots, stains, yellowing, deposits and film (dirt, oil, grease, etc.). Stripped finish must be completely removed from flooring, baseboard and floor transition strips. C. Vacuum all heating and air return vents. D. Clean all baseboards. Maintenance Maintenance service is for public restrooms and locker rooms only. Contractor staff may use City cleaning supplies and equipment for this service. A. Check all sinks, stalls and urinals. B. Restock paper products as needed such that paper will not run out until next service. C. Check/replenish soap dispensers. D. Mop/clean anything in need of immediate attention. E. Wipe down mirrors. F. Disinfect counters, sinks, toilets, urinals, faucets, valves, grab bars, dispensers, partition touch points and door handles. G. If service requires additional time beyond quoted estimate, the CONTRACTOR must inform the CONTRACT ADMINISTRATOR no later than the next working day, providing details and additional time. Additional cost will be itemized on next invoice. If restroom needs to be shut down for cleaning please coordinate with city staff operating the building. Weekend Service Weekend service is specific to the buildings serviced. See special instructions below. April 20, 2021 Item #2 Page 40 of 79 Special Instructions All cleaning service to take place before the building opens (meaning Saturday service must be perform during the service window before the Saturday opening, etc.). Shower/Locker Rooms - Oak, Parks Administration, Water District, Calavera, Stagecoach A. Perform all items listed in Scope of Services. B. Weekly - Clean locker rooms including floors, walls, stalls, urinals, sinks and showers with touchless cleaning system (Waxie Versa or equivalent). No grime, gum, build up, scale, soap scum or mold will be present on floors and walls, counters, fixtures, seats or partitions. C. Weekly – Clean lockers outside using disinfecting cleaner. D. Semi-annually – deep clean floors, tile and frp walls, and shower pan/walls with steam cleaning system or approved equivalent. Shower/Locker Rooms - Alga Norte and Monroe A. Perform all items listed in Scope of Services. B. Weekly- Clean locker rooms and Alga Norte south building restrooms including floors, walls, stalls, urinals, sinks and showers with touchless cleaning system (Waxie Versa or equivalent) using disinfecting cleaner. No grime, gum, build up, scale, soap scum or mold will be present on tile floors and walls, counters, fixtures, seats or partitions. C. Weekly – Clean lockers inside and out using disinfecting cleaner. Quarterly – public restrooms and locker rooms. Deep clean tile floors, tile and frp walls, and shower pan/walls with steam cleaning system or approved equivalent. All grout and tile to be free of grime, build up, soap scum etc. Concrete surfaces to cleaned with rotary scrubbing machines. Cole Library (weekend service) A. Clean all restrooms (using daily service procedure above) a. Daily i. 2 public. ii. 2 staff. iii. Wipe touchpoints with disinfecting cleaner. iv. Empty trash (public area and offices). b. Once per weekend i. Vacuum all carpet (once per weekend). ii. Mop all hard floors (once per weekend). Dove Library – Mon-Fri – 4-hour evening shift A. Hourly maintenance checks on public restrooms. B. Empty public trash cans. C. Disinfect public area touch points D. Empty trash in offices April 20, 2021 Item #2 Page 41 of 79 Dove Library (weekend service) A. Clean all restrooms (using daily service procedure above) a. Daily i. 2 public downstairs. ii. 2 public upstairs. iii. 2 auditoriums. iv. 2 Individual in children’s area. v. 3 staff downstairs. vi. 2 staff upstairs. vii. Empty trash (public area and offices). b. Once per weekend i. Vacuum all carpet (library, auditorium, offices). ii. Mop all hard floors (excluding Gallery) Leo Carrillo This is a collection of historic buildings. The CONTRCTOR shall use extreme care to avoid damaging surfaces with excess water or harsh chemicals. Hoses may not be used on, near or around the building: A. Hacienda/Diedie’s House – exceptions from cleaning scope. i. Use vacuum with no moving brush. Suction head must have soft bristle. Do not sweep due to dust. ii. Floors do not need scrubbing. Just vacuum, sweep and mop (use mild neutral cleaner – Waxie 243 or approved equivalent). iii. Avoid wet mop contact with furniture. Solution contacting furniture will cause permanent damage. iv. Kitchen and Restrooms do not need scrubbing or pressure washing. v. Restroom sinks – damp wipe with neutral cleaner, do not put solution down the drains vi. Sweep/mop center courtyard and side patio daily. vii. Vacuum, dust and wipe down surfaces in “lean to” porch next to Hacienda kitchen – weekly B. Visitors Center – use alternative scope, as follows: i. Vacuum – daily. Do not sweep due to dust. ii. Mop floors – daily. iii. Machine scrub hard floors, extract excess water with wet vac - weekly. iv. Dust and remove cobwebs – weekly. v. Clean reception desk if cleared – weekly. vi. Wipe down handles, rails, surfaces with disinfectant – weekly. vii. Service restroom in accordance with regular daily/weekly schedule. viii. Do not dust/clean merchandise shelves, cabinets. C. Stables/Carriage House i. Sweep and mop floors (use mild neutral cleaner – Waxie 243 or approved equivalent) ii. Dust and remove cobwebs April 20, 2021 Item #2 Page 42 of 79 D. Caretakers House – exceptions from cleaning scope: i. Use brushless vacuum. Do not sweep due to dust. ii. Floors do not need scrubbing. Just vacuum, sweep and mop. (use mild neutral cleaner – Waxie 243 or approved equivalent) iii. No service in archives room. iv. Sweep/mop front porch and back patio daily. E. Restrooms (pool and chicken coop)– exceptions from cleaning scope: i. Hand scrub and mop instead of pressure wash. ii. Clean/polish outside sink at chicken coop. Top up soap and towel dispensers. Remove grime and scale as needed. F. Building Exterior – all buildings (Monthly) i. Remove cobwebs/leaves/debris on all building windows, trims, fixtures and eves with dry duster brush. G. Windows – all buildings (Quarterly) i. Clean all windows inside only with mild window cleaning solution and microfiber towel. Do not use hoses. Granary Daily A. Sweep floors B. Wipe down tables and surfaces C. Empty trash Weekly A. Dust and remove all cobwebs Monthly A. Clean all windows, inside and outside. Faraday (weekend) A. Vacuum all carpet B. Empty all trash and clean trash cans. Install new can liners. C. Clean all touchpoints with disinfecting cleaner. D. Wipe/dust all horizonal surfaces, window trims, counters, fixtures, cabinets pictures etc. Senior Center and Pine Community Center (weekends) City staff service this building during the week. A. Clean all restrooms (using daily service procedure above) a. 4 public – Senior Center b. 4 public – Pine c. 3 staff – Senior Center 2 upstairs, 1 downstairs B. Vacuum all carpet (once per weekend) C. Mop all resilient, tile, terrazzo, vinyl tile (once per weekend) D. Dry mop wood floors Railroad Depot A. Vacuum/sweep wood floors (mopping not required) B. Do not use pressure cleaning system in inside restroom. April 20, 2021 Item #2 Page 43 of 79 EXHIBIT “C” CITY OF CARLSBAD CUSTODIAL SERVICES EXPECTATIONS, STANDARDS, DESCRIPTION OF TASKS 1. EXPECTATION OF SERVICE The CITY of Carlsbad has set minimum standards for the cleanliness of the facilities, this CONTRACT refers to Association of Physical Plant Administrators (APPA) standards (Appa.org) The City of Carlsbad requires buildings to be maintained at APPA Level 2 standards. If a building is observed to be Level 2 or lower the CONTRACT ADMINISTRATOR will advise the CONTRACTOR to bring the building to an acceptable standard within 24 hours. The CONTRACTOR may request additional time, which will be considered and approved on a case by case basis. Level 2—Ordinary Tidiness indicators • Floors and base molding shine and/or are bright and clean. There is no buildup in corners or along walls, but there can be up to two days worth of dust, dirt, stains, or streaks. • All vertical and horizontal surfaces are clean, but marks, dust, smudges, and fingerprints are noticible upon close observations. Lights all work and fixtures are clean. • Washroom and shower fixtures and tile gleam and are odor-free. Supplies are adequate. • Trash containers and pencil sharpeners hold only daily waste and are clean and odor free. 2. DESCRIPTION OF TASKS 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 Bins Replace Liners, Restock Paper Products All interior trash receptacles and recycle bins shall be emptied completely in the appropriate receptacles, the trash can is cleaned inside and out as needed, and an appropriately sized liner installed. Co-mingled recycle bins to maintain separation from trash and be emptied in recycle bins provided. All paper products shall be restocked as so that they are 50% full at all times. April 20, 2021 Item #2 Page 44 of 79 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 prior to use. Damp Mop Hard Floors (tile, concrete, rubber and resilient) Use microfiber flat mop system. All hard 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 mopping, 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 remaining in the area. There shall be no residual surface water or puddling. Care must be made to prevent build up in corners and at floor wall transitions. 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 bag. Clean Glass and mirrors Exterior doors and partition glass and door/window frames are to be clean and streak free. Interior glass, mirrors, frames and glass surfaces within the office spaces shall be cleaned and left streak-free with no building up, grime, dust, cobwebs, rust etc. Surfaces All benches, tables, counter-tops, reception desks, doors, partitions, mirrors, dispensers, toilets, urinals, window ledges, picture frames, cabinets, door frames etc. are to be free of dust, grime or any other build up. Clean and polish appliances and metal surfaces. All surfaces to be free of dust, debris, grime, scale and rust. Surfaces must be clean and streak free. Wipe/Clean Drinking Fountains Daily cleaning with disinfectant and then rinse with water. Stainless steel fountains are to be cleaned with a stainless cleaner, inside and out, as well as fixtures. Porcelain fountains are to be cleaned with a mild abrasive. Fountains are to be free of water spots, stains, grime, fingerprints and smudges. Wipe Counters and Appliances All drain boards, counters, tables and appliances (refrigerator, stove, dishwasher exterior) are to be cleaned so as to remove finger marks, grime, smudges and left in a dust/dirt free condition. April 20, 2021 Item #2 Page 45 of 79 Disinfecting surfaces All surfaces in restrooms, locker rooms, showers, food serving areas, drinking fountains and touch points must be cleaned with a disinfecting surface cleaner, and applied in accordance with the product instructions. Spot Clean Carpet All carpet is to be kept in a stain-free condition. Trash cans All trash containers be cleaned inside and out so as to remove stains, smudges and dried refuse. Spray Buff or Burnish Hard Surface Floors Resilient floor surfaces shall be spray buffed or burnished so as to produce a shiny finish. 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. Strip, Seal, Buff Resilient Surface Floors All resilient floor surfaces are to be stripped with an aggressive pad so as to remove all finish and sealer. All dirt, dust, grit and hair must be completely removed before new finish is applied. The floor shall be free of scuffs and scratches. The floors then shall be re-sealed with three coats of finish. Finish must be pre-approved as to type by the Contracts Administrator. The floor then shall be burnished to provide a high gloss. High Dust: Vents, Lights, Etc. High Dust: Vents, Lights, High dusting shall be anything over 6' from the floor. HVAC vents, ceiling fans, light fixtures, tops of doors and doorframes included. Restock Paper, Soap and hand sanitizer Paper towels seat covers 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 and hand sanitizer are to be checked and filled or cartridge replaced when less than 1 /4 of the product remains. Clean Fixtures All sinks, faucets and valves shall be cleaned and free of rust deposits, scale, stains, soap scum, grime, etc. Toilets and urinals shall be cleaned and sanitized so as to remove any deposits, scale, stains or odors. Attention must be paid to areas underneath and behind fixtures. Machine Scrub Floors Tile and concrete floors are to be machine scrubbed with appropriate brush or pad such that tile surface and grout at complete free of buildup and grime. There shall be no residual surface water or puddling. April 20, 2021 Item #2 Page 46 of 79 EXHIBIT “D” Waterless Urinal Care and Maintenance for Smarty Bee cartridges Daily 1. Remove the blue dome. 2. Check for any debris blocking the drain 3. Slowly flush cartridge with 16 oz cold water. 4. Reset blue dome (replace if blue color is not visible) 5. Clean urinal inside, outside and underneath with disinfecting cleaner and wipe with paper towels 6. Pour 1oz CSL solution 7. Replace the dome when it is no longer blue Weekly (Friday) 1. Remove blue cartridge dome. 2. Make sure the drain holes are not blocked. 3. Test cartridge - Pour 16oz water into urinal and time how long it takes for the water to disappear. a. If the cartridge empties in 8-10 seconds, it is clear, go to step 4. b. If the water takes longer than 15 seconds go to step 10. 4. Reset blue dome (replace if blue color is not visible) 5. If you see blue “jelly” under the under the dome it has been submerged in water and must be replaced. 6. Clean urinal inside, outside and underneath with 764 disinfecting cleaner and wipe with paper towe If the cartridge is slow or blocked a. Remove the cartridge inspect inside the urinal. b. Flush with 1 gallon of water. If the drain backs up cover the urinal and call maintenance. c. If the drain is clear, tap the cartridge. If scale falls out keep tapping until it stops. d. Flush the scale, clean inside of the urinal and reset the cartridge. Make sure both gaskets are on. e. Re-test the cartridge. f. Remove and replace if it is still slow. If Urinal is Blocked Beyond the Cartridge 1. Call your supervisor or lead custodian. If they are unavailable call the Public Works front desk (760 434 2943) and they will pass the message to the appropriate person. Things you will need 1. Cartridge removal tool 2. Disinfecting cleaner 3. CLS Solution 4. 1 quart measuring jug 5. Caution tape, blue tape 6. Cartridges/Domes (min stock) April 20, 2021 Item #2 Page 47 of 79 RESOLUTION NO. 2021-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF AN AGREEMENT FOR PARKS RESTROOM CUSTODIAL SERVICES TO MEK ENTERPRISES, INC., IN AN AMOUNT NOT TO EXCEED $1,315,844 OVER A TWO-YEAR TERM WHEREAS, the City of Carlsbad requires the services of a custodial services contractor; and WHEREAS, on Jan. 26, 2021, the city issued a Request for Proposals (RFP) for parks restroom custodial services; and WHEREAS, on March 1, 2021, which was the closing date for the parks restroom custodial services RFP, the city received, opened, witnessed and recorded receipt of nine proposals; and WHEREAS, an evaluation committee consisting of Public Works and Parks & Recreation Department staff reviewed and rated the proposals based on best value criteria that were determined and distributed to potential bidders before submission of proposals in accordance with Carlsbad Municipal Code (CMC) Section 3.28.050; and WHEREAS, the evaluation committee determined that MEK Enterprises, Inc.'s proposal provided the best value to the city and met all the needs and objectives of the proposed parks restroom custodial maintenance services agreement; and WHEREAS, staff recommends award of an agreement for parks restroom custodial services to MEK Enterprises, Inc., in an amount not to exceed $1,315,844 over a two-year term; and WHEREAS, staff recommends City Council authorize the City Manager to approve amendments, with price increases not to exceed 2% per agreement year, to the Agreement for two additional two- year terms; and WHEREAS, sufficient funds are available in the Parks Maintenance Operating Budget 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.That the proposal for parks restroom custodial services received from MEK Enterprises, Inc., is hereby accepted. The Mayor is authorized and directed to execute the Agreement with MEK Enterprises, Inc., which is attached hereto as Attachment A. April 20, 2021 Item #2 Page 48 of 79 3.That the City Manager is hereby authorized to execute amendments to the Agreement to extend the Agreement for two additional two-year terms with price increases not to exceed 2% per agreement year. 4.That the award of this parks restroom custodial services agreement is contingent upon MEK Enterprises, 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 to execute the contract and assemble the required bonds and insurance policies. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 20th day of April, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor ET> BARBARA ENGLESON, City Clerk/ (SEAL) April 20, 2021 Item #2 Page 49 of 79 AGREEMENT FOR CITYWIDE PARKS RESTROOM CUSTODIAL MAINTENANCE SERVICES MEK ENTERPRISES, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2021, but effective July 1, 2021, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and MEK ENTERPRISES, INC., a California corporation, ("Contractor"). RECITALS A.City requires the services of a consultant that is experienced in custodialmaintenance, including afterhours block house restrooms in city parks. B.Contractor has the necessary experience in providing services related to parksrestroom custodial maintenance. C.Contractor has submitted a proposal to City under RFP21-1382FAC and hasaffirmed 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", Exhibit “B” and Exhibit “C”, which isincorporated by this reference in accordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCEWhile performing the Services, Contractor will exercise the reasonable professional care and skillcustomarily exercised by reputable members of Contractor's profession practicing in theMetropolitan Southern California Area, and will use reasonable diligence and best judgment whileexercising its professional skill and expertise. 3.TERMThe term of this Agreement will be effective for a period of two (2) years beginning July 1, 2021.The City Manager may amend the Agreement to extend it for two (2) additional two (2) yearperiods 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 preparea written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCETime is of the essence for each and every provision of this Agreement. 5.COMPENSATIONThe total fee payable for the Services to be performed during the initial Agreement term will notexceed six hundred fifty-seven thousand nine hundred twenty-one dollars and seventy-two cents($657,921.72) per Agreement year. Compensation during the second Agreement term may beadjusted by amending the Agreement for an amount equal to the San Diego Consumer PriceIndex (CPI) but shall not to exceed 2% per Agreement year. If the City elects to extend the Agreement beyond the initial two-year term, the total fee payable for services during anysubsequent Agreement year shall not exceed the compensation established during the previousAgreement year plus a CPI increase not to exceed 2%.The City reserves the right to withhold a Attachment A April 20, 2021 Item #2 Page 50 of 79 ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6.STATUS OF CONTRACTORContractor will perform the Services in Contractor's own way as an independent contractor andin pursuit of Contractor's independent calling, and not as an employee of City. Contractor will beunder control of City only as to the result to be accomplished, but will consult with City asnecessary. The persons used by Contractor to provide services under this Agreement will not beconsidered 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, unemploymentpayment 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 thisAgreement. At the City’s election, City may deduct the indemnification amount from any balanceowing to Contractor. 7.SUBCONTRACTINGContractor 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 theacts and omissions of Contractor's subcontractor and of the persons either directly or indirectlyemployed by the subcontractor, as Contractor is for the acts and omissions of persons directlyemployed by Contractor. Nothing contained in this Agreement will create any contractualrelationship between any subcontractor of Contractor and City. Contractor will be responsible forpayment of subcontractors. Contractor will bind every subcontractor and every subcontractor ofa subcontractor by the terms of this Agreement applicable to Contractor's work unless specificallynoted to the contrary in the subcontract and approved in writing by City. 8.OTHER CONTRACTORSThe City reserves the right to employ other Contractors in connection with the Services. 9.INDEMNIFICATIONContractor 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’sfees 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’ 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.INSURANCEContractor will obtain and maintain for the duration of the Agreement and any and allamendments, insurance against claims for injuries to persons or damage to property which may April 20, 2021 Item #2 Page 51 of 79 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 (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 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. 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. April 20, 2021 Item #2 Page 52 of 79 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. 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 For Contractor Name Brian Bacardi Name Marc Kranz Title Public Works Superintendent Title Project Manager Department Public Works Address 2191 Main Street City of Carlsbad San Diego, CA 92113 Address 405 Oak Ave. Phone No. 619-527-0957 Carlsbad, CA 92008 Email marc@4mek.com Phone No. 760-434-2944 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. April 20, 2021 Item #2 Page 53 of 79 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 categories. Yes No 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 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 ninety (90) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable April 20, 2021 Item #2 Page 54 of 79 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. 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. /// /// April 20, 2021 Item #2 Page 55 of 79 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 CITY OF CARLSBAD, a municipal corporation of the State of California MEK ENTERPRISES, INC., a California corporation By: By: (sign here) Matt Hall, Mayor Marc Kranz, CEO, President, CFO (print name/title) ATTEST: By: (sign here) for Barbara Engleson, City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: _____________________________ Assistant City Attorney April 20, 2021 Item #2 Page 56 of 79 EXHIBIT “A” TERMS OF SERVICES AND FEES Restrooms (Monthly rate includes all required Overnight Cleaning, Porter Service, Deep Cleaning, Locking and Unlocking restrooms). Restroom Location Approx. Sq. Ft Quantity Minimum Time for daily overnight cleaning per building Monthly Rate Alga Norte Community Park 6565 Alicante Rd. 1920 3 45 $8,010.64 Aviara Community Park, 6435 Ambrosia Lane 2414 3 45 $10,071.72 Beach Bluff Carlsbad Blvd/Pine Ave 200 1 45 $834.44 Calavera Lake Trail Tamarack Ave between Strata and Knollwood 48 1 single 20 $200.27 Calavera Community Park, 2997 Glasgow Dr 442 1 45 $1,844.12 Chase Field 3349 Harding St 234 1 45 $976.30 Hidden Canyon 2685 Harding St 403 1 45 $1,681.40 Ann D. L’Heureux Dog Park 2710 Carlsbad Village Drive N/A N/A Lock gate at night, no other service $0.00 Holiday Park 3235 Eureka Place 1084 2 45 $4,522.68 La Costa Canyon Park 3018 Pueblo St 402 1 45 $1,677.23 Laguna Riviera Park Kelly and Park Drive 302 1 45 $1,260.01 Magee Park 258 Beech Avenue 403 1 45 $1,681.40 Pine Park 3600 Harding 245 1 45 $1,022.19 Poinsettia Park 6600 Hidden Valley Rd 1395 3 45 $5,820.23 Skate Park 2560 Orion Way 180 1 45 $751.00 Stagecoach Park 3420 Camino de los Coches 756 2 45 $3,154.19 Tamarack (Beach) Carlsbad Blvd and Tamarack 900 1 45 $3,754.99 April 20, 2021 Item #2 Page 57 of 79 Call out Services – Serviced upon request from Contract Administrator Call out cost including first hour cost per hour Estimated number of call outs per month Total monthly cost (est.) Emergency cleaning $122.00 $30.50 15 $1,830.00 Drain blockage $122.00 $30.50 15 $1,830.00 Graffiti Removal $122.00 $30.50 15 $1,830.00 Snack Bars/Catering Facilities– Serviced upon request from Contract Administrator Location Est Average Hours/Cleaning Cost per cleaning Estimated number of cleanings per month Monthly Cost (est) Poinsettia Park Snack Bar 4 $122.00 1 $122.00 Chase Field Snack Bar 4 $122.00 1 $122.00 Aviara Park Food serving facility 6 $183.00 10 $1,830.00 Total Monthly Not-to-Exceed Rate $54,826.81 Total Annual Not-to-Exceed Rate $657,921.72 April 20, 2021 Item #2 Page 58 of 79 GENERAL SPECIFICATIONS 1. DEFINITIONS Whenever the following terms are used in this agreement, they shall have the following meaning: a. AGREEMENT ITEM – Individual items of work in the CONTRACTOR’S Proposed Cost of Service Chart at an agreed price for the work. b. CITY - The CITY of Carlsbad. c. CITY MANAGER - The fully appointed CITY MANAGER of the CITY or his authorized representative. d. CONTRACT ADMINISTRATOR – The Deputy City Manager of Public Works’ designee for awarding and administering the CONTRACTOR’S work under this agreement. e. CONTRACTOR - The managing individual of the contracting entity or his authorized employees or representatives. f. PERIODIC INSPECTION – Routinely scheduled or randomly noticed inspection or audit conducted by CITY. g. PUBLIC WORKS MANAGER - The CITY official designated as the Public Works Manager, or any of their authorized representatives. 2. STANDARDS OF WORK AND CONTRACTOR RESPONISBILITY a. All city facilities shall be serviced in a professional, workmanlike manner using quality equipment and materials b. 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 standards specified in Exhibit “B” at no less than the frequencies set forth herein. c. 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 all other maintenance required to maintain the areas included in this CONTRACT in accordance with specified schedules and standards. d. CONTRACTOR shall be available for On Call / 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. e. 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. Failure to report these issues will be treated as a complaint (see section 5c). April 20, 2021 Item #2 Page 59 of 79 f. The following is an excerpt from Senate Bill 20, Displaced Janitor Opportunity Act. Labor Code Section 1060-1065 “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 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...” g. 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. 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. 3. FACILITIES TO BE MAINTAINED The facilities to be maintained under the provisions of this CONTRACT are as follows: Location Sq. Ft Number of Buildings (1 men’s and 1 women’s in each building) Alga Norte Community Park 6565 Alicante Rd. 1920 3 Aviara Community Park, 6435 Ambrosia Lane 2414 3 Beach Bluff Carlsbad Blvd/Pine Ave 200 1 Calavera Lake Trail Unisex (single) 48 1 single restroom Calavera Community Park, 2997 Glasgow Dr 442 1 Chase Field 3349 Harding St 234 1 Hidden Canyon 2685 Harding St 403 1 Holiday Park 3235 Eureka Place 1084 2 La Costa Canyon Park 3018 Pueblo St 402 1 April 20, 2021 Item #2 Page 60 of 79 Laguna Riviera Park Kelly and Park Drive 302 1 Magee Park 258 Beech Avenue 403 1 Pine Park 3600 Harding 245 1 Poinsettia Park 6600 Hidden Valley Rd 1395 2 Poinsettia Park 6600 Hidden Valley Rd (project being planned. Service to be added once the project has been completed) 500 1 Skate Park 2560 Orion Way 180 1 Stagecoach Park 3420 Camino de los Coches 756 2 Tamarack (Beach) Carlsbad Blvd and Tamarack 900 1 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. 4. PAYMENT AND INVOICES a. 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. b. Monthly invoices shall be prepared with an itemized cost per location and the total deduction (if applicable). c. Invoices for approved On Call / 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 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. April 20, 2021 Item #2 Page 61 of 79 d. In the event the CITY transfers title or maintenance responsibility of a facility, or a portion thereof, this Contract shall continue in full force and effect. The CONTRACT ADMINISTRATOR may delete facilities, or portions thereof, from the contract, the Contract sum shall be reduced accordingly. e. The CONTRACT ADMINISTRATOR may, at their 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. f. The CONTRACT ADMINISTRATOR may cancel or postpone itemized services at any location. Sixty days’ notice shall be provided prior to the cancellation of services, and thirty days’ notice provided to the postponement of services. The itemized cost of the services not rendered shall be removed from subsequent invoices. g. 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. Compensation increases will not be authorized prior to the end of each contract period. 5. ENFORCEMENT, DEDUCTIONS AND LIQUIDATED DAMAGES a. The CONTRACT ADMINISTRATOR shall be responsible for the enforcement of this Contract on behalf of CITY. b. 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 in 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 maximum point score of 100. To avoid deductions from payment, CONTRACTOR must receive a rating of 95 or higher per facility 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. The monthly Inspection Rating System report shall constitute reason for any deductions so imposed. c. The CONTRACT ADMINISTRATOR shall maintain a record of complaints filed by CITY staff, members of the public or deficiencies directly observed by the CONTRACT ADMINISTRATOR. Each complaint will be forwarded to the CONTRACTOR, and a deduction of $25 will be added to the inspection deductions for each verifiable complaint. Complaints include, but are not limited, to: i. The work task in an area was not performed in strict accordance with the performance standards. ii. Work tasks were not performed in their entirety. April 20, 2021 Item #2 Page 62 of 79 iii. The specified equipment, tools and chemicals were not used or were not in good operating condition. iv. The tasks were not performed within the scheduled work shift or within the specified timeframe. v. Failure to respond to a call back within 2-hour time frame. d. In the event of non-performance of work by the CONTRACTOR, the CONTRACT ADMINISTRATOR shall have the right to exercise one of the following options: If the CONTRACTOR’S staff fail to show up for service the CONTACT ADMINISTRATOR may request that the service is completed within 2 hours of notification; or The Contract Administrator may allow the non-performance to remain uncorrected and make a deduction from the monthly payment, in direct proportion to the monthly service fee and frequency of monthly service. For any Failure to adequately comply in meeting the requirements of providing adequate and competent management or 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. Examples of such failure include but are not limited to: i. Failure to make adequate corrections to an inspection report. ii. Repeating deficiencies highlighted in inspection reports. iii. Receiving repeated complaints about the same service. iv. Not maintaining equipment in a safe of sanitary manner. v. Not maintaining adequate supplies of cleaning products and consumables. vi. Failure to maintain and provide service records. 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. e. Failure of the CONTRACT ADMINISTRATOR 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. 6. INSPECTIONS, MEETINGS, & REPORTS a. 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. b. The CONTRACTOR or their authorized representative shall meet with the CONTRACT ADMINISTRATOR or their representative on each site monthly for the initial year of the Contract then thereafter at the discretion and convenience of the CONTRACT ADMINISTRATOR c. At the request of the CONTRACTOR ADMINISTRATOR, the CONTRACTOR, or their appropriate representative, shall attend meetings and/or training sessions, as determined April 20, 2021 Item #2 Page 63 of 79 by the CONTRACT ADMINISTRATOR for purposes of orientation, information sharing, Contract revision, description of CITY policies, procedures, standards, and the like. d. CONTRACTOR, or their appropriate representative, 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. e. 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. This information shall be pertinent and relative to the maintenance, operation, and safety of the sites and may include: i. Monthly periodic service (to be provided on the 15th of the month prior to month of service) ii. Staff names and service location/s iii. Site cleaning inspections iv. Building and maintenance issues reported v. Safety training schedule and completion logs vi. Equipment list and locations 7. CONTRACTOR'S DAMAGES All damages incurred to existing facilities by the CONTRACTOR'S operation shall be repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of the CONTRACT ADMINISTRATOR, and all at the CONTRACTOR'S expense. 8. EXTRA WORK The CITY may award Extra Work to the CONTRACTOR 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 the existing contract. Extra work will be one of the following: a) Additional work during a shift that falls outside of the regular scope of work such as emergency clean up. This will be verbally approved by the CONTRACT ADMINISTRATOR. b) Additional service for special events. An estimated cost for the extra work must be approved by the CONTRACT ADMINISTRATOR in writing. Cost of extra work will be billed compensated at the hourly rate of that specified for emergency work plus product and material costs (which may include a 15% mark-up on actual costs. April 20, 2021 Item #2 Page 64 of 79 9. SAFETY a. 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 performance of his duties 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 at a minimum, annual inspections for any potential hazards at said sites and keep a log indicating date inspected and action taken. b. CONTRACTOR shall notify the CONTRACT ADMINISTRATOR immediately of any occurrence of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report thereof to the CONTRACT ADMINISTRATOR within three (3) calendar days following the occurrence. CONTRACTOR shall cooperate fully with the CITY in the investigation of any such occurrence. 10. HOURS AND DAYS OF SERVICES a. Janitorial service shall only take place during the specified hours and days of service. b. CONTRACTOR shall provide staffing to perform the required maintenance services during the prescribed hours. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the CONTRACT ADMINISTRATOR. SECURITY a. 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. b. The CONTRACTOR shall not duplicate keys to buildings and park restrooms; additional keys, as needed, shall be provided by the CONTRACT ADMINISTRATOR. The CONTACTOR shall be required to perform an annual key audit with the CONTRACT ADMINISTRATOR or designee. c. CONTRACTOR employees shall not use CITY phones, computers, copiers, fax machines, custodial equipment or other such equipment. d. All lights are to be turned off when leaving unoccupied buildings 11. PERFORMANCE MANAGEMENT PLAN a. CONTRACTOR’S Performance Management Procedures must be detailed and samples of reports, logs, tools, etc., of said performance management should be included in the April 20, 2021 Item #2 Page 65 of 79 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 made available to the CONTRACT ADMINISTRATOR upon request. b. 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. c. CONTRACTOR’S authorized Manager and designated Supervisory Staff shall meet quarterly with the CONTRACT ADMINISTRATOR and/or designee to review Contract Performance. CONTRACTOR’S equipment and chemicals may be reviewed by the CONTRACT ADMINISTRATOR or designee upon request to assure compliance and proper function. The CONTRACTOR will be required to modify, change and improve equipment and supplies as indicated by these inspections. d. 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 evaluations shall be requested at the discretion of the CONTRACT ADMINISTRATOR for the life on the Contract. e. Service Verification: i. The City of Carlsbad shall provide access to a cloud-based GPS based Janitorial management system. CONTACTOR shall provide for and ensure each employee is equipped and be able to access the system from the service location. This system will provide geofence based tracking of staff at each location serviced, and service verification. ii. The system will identify each staff member by name. iii. Staff will verify completion of service in real time. iv. Staff will report maintenance issues in real time. v. CONTRACTOR will ensure staff have active smartphones. The application shall be installed in each phone and be active during times of service. vi. Failure to report completed service and/or keep the phone active during service, will be treated as a complaint as detailed in Section 5c. 12. CONTRACTOR'S DAMAGES 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. April 20, 2021 Item #2 Page 66 of 79 13. COMMUNICATIONS AND EMERGENCY RESPONSE a. 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 workday. b. The CONTRACTOR and designated supervisor 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. 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. c. 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. d. 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. e. The CONTRACTOR shall maintain a written log of all call back / 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 via a shared electronic drive. f. 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. 14. CONTRACTOR'S STAFF AND TRAINING a. 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. April 20, 2021 Item #2 Page 67 of 79 CONTRACTOR must have sufficient staffing to oversee all staff, to include training, supervision and the resolution of issues or problems that may arise. b. The CONTRACTOR shall consider and plan for appropriate labor resources for illness, vacation and other loss time events so services shall continue uninterrupted. c. 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 d. CONTRACTOR shall make available an updated list of all staff and supervisors, and include work locations. e. Contracted staff is expected to handle any necessary communication and actions with CITY staff and the public in a professional manner. f. All CONTRACTED staff must pass a Livescan background check prior to being issued access or keys to CITY buildings. 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. There will be no exceptions and no substitutions of personnel without prior fingerprinting and background clearance checks. g. 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. h. Contracted staff shall not remove or consume anything belonging to the CITY or CITY employees, including removal of food and beverages from CITY refrigerators, cabinets or lockers. This policy includes any articles that may be deposited for disposal in trash or recycling receptacles. i. 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. j. 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). k. 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 April 20, 2021 Item #2 Page 68 of 79 understood to be any individual worker or group of workers who might service any site without other CONTRACTOR's supervisory personnel present. l. 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 m. 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. n. 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 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. o. 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. p. 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. q. The CONTRACTOR shall provide appropriate safety training and associated documents for all staff in accordance with CALOSHA requirements. Records of such training and documents shall be provided to CONTRACT ADMINISTRATOR upon request. r. 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. 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 upon request. s. Contracted staff shall be assigned to a specific building(s) and shall be exclusive 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 April 20, 2021 Item #2 Page 69 of 79 be on a full time, onsite basis unless otherwise approved in writing by the CONTRACT ADMINSTRATOR. t. 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. 15. NON-INTERFERENCE - NOISE a. 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. b. 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. c. 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 ensure that the public is not unduly impacted by the noise created by such equipment. 16. RECYCLING PROGRAM & COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS a. CONTRACTOR shall be responsible for participating in the Solid Waste / Recycling Program at the CITY as well as the use of green chemicals and products. 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. Recycled material place in dumpster must not be bagged. b. The CONTRACTOR shall be responsible for supporting any future recycling efforts or enhancements that the CITY implements during the life of the Contract. c. 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. d. 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 Plan (JURMP) incorporated herein by reference including but not limited to capture and legal disposal of all cleaning compounds, liquids or other related materials. April 20, 2021 Item #2 Page 70 of 79 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. 17. EQUIPMENT a. 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. 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 may be 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. b. All equipment required for the performance of work under this Contract shall be functioning, clean and well maintained. Equipment shall be 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, scrubbing machines, rotary machines, carpet extractors, restroom cleaning systems, brooms, brushes, mops, mop buckets, cleaning towels and dust wands. c. The Contractor shall provide, maintain, repair and/or replace monthly or as needed, all necessary custodial tools and equipment including but are not limited to brooms, brushes, mops, pails, vacuum cleaners, rotary buffers, dust cloths, dust wands, scrubbers, etc. Mop heads must be a quality brand name microfiber flat mop and shall be laundered every day and replaced per the manufactures recommendations. d. 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. e. The CONTRACTOR shall not use alternate equipment or tools without prior written permission from the CONTRACT ADMINISTRATOR. f. 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. April 20, 2021 Item #2 Page 71 of 79 g. 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. h. All equipment shall have adequate bumpers and guards to prevent marking or scratching of fixtures, furnishings and/or building surfaces. i. 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. 18. CHEMICALS, CLEANING PRODUCTS & MATERIALS a. 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. b. The CONTRACTOR may use the installed Waxie Dilution Control Solution Systems and the appropriate chemicals, but may not use CITY owned chemicals. c. 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. d. Safety Data Sheets (SDS) 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. e. No chemicals or cleaning agents shall be stored at any facility without the express written permission of the CONTRACT ADMINISTRATOR. CONTRACTOR shall carry chemicals and cleaning agents to and from the job site daily. f. 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 list in the Request for Proposals (RFP21-1382FAC) or approved in writing by the CONTRACT ADMINISTRATOR. g. The CONTRACTOR shall supply and maintain adequate supplies of the following products at all restrooms. If available, CONTRACTOR may use, with authorization of the CONTRACT ADMINISTRATOR, custodian closets or restroom storage areas. i. Toilet paper ii. Paper towels iii. Seat liners April 20, 2021 Item #2 Page 72 of 79 iv. Hand soap v. Shower soap/bodywash vi. Hand sanitizer vii. Wastebasket liners h. 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. i. The CONTRACTOR may contact the CITY’s custodial supply representative with any questions regarding Waxie products. 19. DRUG AND ALCOHOL FREE WORKPLACE a. The CITY is committed to maintaining a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. b. CONTRACTOR agrees that CONTRACTOR and CONTRACTOR’S employees, while performing services for the CITY, on CITY property, or while using CITY equipment will not be in possession of, use, or be under the influence of drugs or alcohol. c. CONTRACTOR has the duty to inform all employees or agents of CONTRACTOR that are performing service for CITY on CITY property or using CITY equipment of the CITY’S objective of a safe, healthful and productive workplace and the prohibition of drug or alcohol possession, use or impairment from same while performing such service for CITY. d. CITY has the right to terminate or declare this or any other agreement CONTRACTOR has with the CITY in DEFAULT if CONTRACTOR’S employees are determined by the CONTRACT ADMINISTRATOR to have breached any of the provisions noted above. 20. ASSIGNMENT OF CONTRACT a. CONTRACTOR shall not assign this contract or any part thereof and or monies due there under without the prior written consent of the CONTRACT ADMINISTRATOR. April 20, 2021 Item #2 Page 73 of 79 EXHIBIT “B” CITY OF CARLSBAD CUSTODIAL SERVICES SCOPE OF WORK When contracted work begins the CONTRACTOR shall clean all buildings service to APPA Cleaning Level 2 within 3 months of receiving the notice to proceed. When this has been completed the CONTRACTOR and CONTRACT ADMINISTRATOR will inspect the buildings to confirm and agree that this requirement has been met. Cleaning Scope of Services Cleaning Products and Consumables All cleaning products, soap, hand sanitizer, toilet paper and paper towels to be provided by CONTRACTOR as required by the Request for Proposals RFP21-1382FAC, incorporated by reference. The CONTRACTOR may use alternative equivalent products with written approval from the CONTRACT ADMINISTRATOR. Expectations of Service The intent of this scope is to provide restrooms that are clean, sanitized, stocked and odor free throughout the day. Daily Overnight Cleaning 10 p.m. to 8 a.m. (Beach Bluff and Tamarack Beach restrooms 10 p.m.to 6 a.m.) 1. Sweep floors inside restroom. Collect debris and dispose. 2. Spray down walls, floors, fixtures, partitions, counters, toilets, urinals and sinks with disinfecting cleaner. Allow solution to sit for approximately 10 minutes for effective disinfecting. 3. Scrub floors and base thoroughly with a deck brush. Use crevice tool for floor/wall transitions, corners and partition bases. 4. Hose down walls, partitions, toilets, urinals with pressure nozzle and squeegee water into floor drain. 5. Pick up residual debris, do not hose outside or into floor drain. 6. Scrub/wipe partitions, walls, toilets, urinals, sinks and counters. No dust, grime, build up, rust or dirt should be evident on partitions, fixtures, valves, drain pipes, drain covers and faucets. 7. Clean mirrors (if applicable) with disinfectant, and wipe to streak free condition. 8. Clean dispensers with disinfectant, and wipe to streak free condition. Dispensers should be free of oxidation, grime, build up and rust. 9. Wipe changing tables (if applicable) inside and out. April 20, 2021 Item #2 Page 74 of 79 10. Restock toilet paper if existing roll is less than 50% full. 11. Top off soap dispensers as needed. 12. Clean all drinking fountains attached to building with disinfecting cleaner. 13. Sweep outside entrance path area (concrete pad approximately 5’ from perimeter walls next to restroom entrance). 14. Report any damage, clogged fixtures, emergency cleaning and graffiti to CONTRACT ADMINISTRATOR immediately. Lock up Gates/Doors – 10 p.m. to 11 p.m. Unlock Gates/Doors – 6am (beach restrooms), 7am-8am (all other restrooms) Porter Service • 10 a.m. to noon • 2 p.m.to 4 p.m. • 5 p.m.to 7 p.m. 1. Sweep floors 2. Wipe down sinks and faucets with disinfecting cleaner. 3. Wipe down toilets/urinals with disinfecting cleaner. 4. Wipe down touch points (dispensers, handles, partition hardware) with disinfecting cleaner. 5. Use ¼ fold method on wiping rag to reduce any cross contamination. 6. Do not re-use wiping rag in other restrooms 7. Restock toilet paper as needed 8. Check and top off soap if needed 9. If restroom is heavily soiled shut the room down and fully clean and disinfect. Report to CONTRACT ADMINISTRATOR, include time/date stamped pictures to justify additional work and report time spent. Weekly (performed in place of daily service) CONTRACTOR will provide weekly deep clean schedule to CONTRACT ADMINISTRACTOR in advance of performing this service. Deep Cleaning (after hours) 1. Sweep floors, collect debris and dispose of in trash can. 2. Dust walls, ceilings and light fixtures to remove all dust, cobwebs, leaves etc. 3. Spray down walls, floors, fixtures, partitions, counters, toilets, urinals and sinks with disinfectant solution. Allow solution to sit for 10 minutes. April 20, 2021 Item #2 Page 75 of 79 4. Scrub floors with low speed buffing/scrubbing machine (recommended size 12”-16” diameter). Use deck and crevice brushes to clean hard to reach areas, cove and base. Floor to be completely free of dirt, grime, gum and build up after this process. 5. Pressure wash all surfaces (pressure should be limited to eliminate damage to surfaces and fixtures) a. Sinks b. Faucets c. Counters (do not pressure wash counters with wood or wood composite core such as “Formica”. Contact CONTRACT ADMINISTRATOR if clarification is required. d. Walls (if tile, epoxy paint over concrete or FRP) e. Partitions f. Changing tables (if applicable) g. Toilets h. Urinals 6. Walls, partitions, fixtures and ceilings to be completely free of dust, cobwebs, dirt, scale, grime, gum and build up after this process. 7. Squeegee floors and partitions. Wipe down all other surfaces. 8. Restock toilet paper if existing roll is less than 50% full. 9. Top off soap dispensers as needed. 10. Clean all drinking fountains attached to building with disinfecting cleaner. 11. Report any damage, clogged fixtures and graffiti to CONTRACT ADMINISTRATOR immediately. 12. Wipe main entrance doors/gates such that they are free of dust, grime and building up. 13. Clean custodial closet/storage area a. Clean mop sink such that no dirt, grime or build up is evident. b. Equipment (buckets, mops, rags etc.) must be clean and labelled with CONTRACTOR name. c. Sweep/mop floor. d. Disinfecting cleaner, hand soap and 10 rolls of toilet paper must be stocked at all times. e. All cleaning chemicals must be in labeled containers. Cleaning chemicals must be on approved list attached to this contract. Equivalent products will be considered on a case by case basis as requested by the CONTRACTOR, who must maintain approval records. f. Remove trash and empty boxes. 14. Report any damage, clogged fixtures and graffiti to CONTRACT ADMINISTRATOR immediately. April 20, 2021 Item #2 Page 76 of 79 Additional Services Emergency Cleaning (as needed) Close restroom (put up closed sign) and Perform daily service routine Drain blockages (as needed) Close restroom (put up closed sign). Unclog blocked sinks and toilets using plunger or snake. If clog is beyond 15 feet of the fixture CONTRACTOR will immediately shut down the affected fixture using caution tape or, if necessary, shut down the restroom and post closed notice. Notify CITY immediately. Graffiti Removal (as needed) 1. Graffiti removal. If graffiti cannot be removed by scrubbing with graffiti removal solutions, CONTRACTOR will immediately paint over the affected area with approved paint. 2. CONTRACTOR shall report to CITY immediately any unsafe or unsightly conditions observed. Snack Bars/Serving Facility 1. Upon request – 1 weeks’ notice will be provided 2. Sweep floors, collect debris and dispose of in trash can. 3. Dust walls, ceilings and light fixtures to remove all dust, cobwebs, leaves etc. 4. Scrub floors with disinfectant using slow speed buffing/scrubbing machine (recommended size 12”-16” diameter). Use deck and crevice brushes to clean hard to reach areas, cove and base. Floor to be completely free of dirt, grime, gum and build up after this process. 5. Disinfect and clean all surfaces a. Sinks, Faucets, Walls b. Counters (do not pressure wash counters with wood or wood composite core such as formica). Contact CONTRACT ADMINISTRATOR if clarification is required. c. Refrigerators/appliances inside and out (if applicable) 6. Walls, partitions and ceilings to be completely free of dust, cobwebs, dirt, grime, gum and build up after this process. 7. Squeegee floors and partitions. Wipe down all other surfaces. 8. Top off soap dispensers as needed. 9. Report any damage, clogged fixtures and graffiti to CONTRACT ADMINISTRATOR immediately. 10. Wipe doors/ window gates such that they are free of dust, grime and build up. 11. Remove trash. 12. Report any damage to CONTRACT ADMINISTRATOR immediately. April 20, 2021 Item #2 Page 77 of 79 EXHIBIT “C” CITY OF CARLSBAD CUSTODIAL SERVICES EXPECTATIONS, STANDARDS, DESCRIPTION OF TASKS 1. EXPECTATION OF SERVICE The CITY of Carlsbad has set minimum standards for the cleanliness of the facilities, this CONTRACT refers to Association of Physical Plant Administrators (APPA) standards (Appa.org) The City of Carlsbad requires buildings to be maintained at APPA Level 2 standards. If a building is observed to be Level 2 or lower the CONTRACT ADMINISTRATOR will advise the CONTRACTOR to bring the building to an acceptable standard within 24 hours. The CONTRACTOR may request additional time, which will be considered and approved on a case by case basis. Level 2—Ordinary Tidiness indicators • Floors and base molding shine and/or are bright and clean. There is no buildup in corners or along walls, but there can be up to two days’ worth of dust, dirt, stains, or streaks. • All vertical and horizontal surfaces are clean, but marks, dust, smudges, and fingerprints are noticible upon close observations. Lights all work and fixtures are clean. • Washroom and shower fixtures and tile gleam and are odor-free. Supplies are adequate. • Trash containers and pencil sharpeners hold only daily waste and are clean and odor free. 2. DESCRIPTION OF TASKS Empty Trash & Recycle Bins Replace Liners, Restock Paper Products All interior trash receptacles and recycle bins shall be emptied completely in the appropriate receptacles, the trash can is cleaned inside and out as needed, and an appropriately sized liner installed. Co-mingled recycle bins to maintain separation from trash and be emptied in recycle bins provided. All paper products shall be restocked as so that they are 50% 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 prior to use. Damp Mop Hard Floors (tile, concrete, rubber and resilient) Use microfiber flat mop system. All hard 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, shall be moved when necessary to mop underneath and shall be moved back to their proper area in a timely manner. After mopping, the floor shall have a uniform appearance with no streaks, swirl marks, detergent April 20, 2021 Item #2 Page 78 of 79 residue or any evidence of soil. There shall be no splash marks or mop streaks on furniture, walls, baseboards remaining in the area. There shall be no residual surface water or puddling. Care must be made to prevent build up in corners and at floor wall transitions. Clean Glass and mirrors Interior glass, mirrors, frames and glass surfaces within the space shall be cleaned and left streak-free with no building up, grime, dust, cobwebs, rust etc. Surfaces All counter-tops, doors, partitions, mirrors, dispensers, toilets, urinals, window ledges, door frames etc. are to be free of dust, grime or any other build up. Clean and polish appliances and metal surfaces. All surfaces to be free of dust, debris, grime, scale and rust. Surfaces must be clean and streak free. Wipe/Clean Drinking Fountains Daily cleaning with disinfectant and then rinse with water. Stainless steel fountains are to be cleaned with a stainless cleaner, inside and out, as well as fixtures. Porcelain fountains are to be cleaned with a mild abrasive. Fountains are to be free of water spots, stains, grime, fingerprints and smudges. Disinfecting surfaces All surfaces in restrooms, drinking fountains and touch points must be cleaned with a disinfecting surface cleaner, and applied in accordance with the product instructions. Trash cans All trash containers be cleaned inside and out so as to remove stains, smudges and dried refuse. High Dust: Vents, Lights, Etc. High Dust: Vents, Lights, fixtures, tops of doors and doorframes included. Restock Paper, Soap and hand sanitizer Paper towels seat covers 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 and hand sanitizer is to be checked and filled or cartridge replaced when less than 1 /4 of the product remains. Clean Fixtures All sinks, faucets and valves shall be cleaned and free of rust deposits, scale, stains, soap scum, grime, etc. Toilets and urinals shall be cleaned and sanitized so as to remove any deposits, scale, stains or odors. Attention must be paid to areas underneath and behind fixtures. Machine Scrub Floors Tile and concrete floors are to be machine scrubbed with appropriate brush or pad such that tile surface and grout at complete free of buildup and grime. There shall be no residual surface water or puddling. April 20, 2021 Item #2 Page 79 of 79 All Receive -Agenda Item# d,_ For the Information of the: <;:ITY COUNCIL Date 'if!JaL CA ~cc_::: CM ~ACM_ .....-OCM (3) / April 19, 2021 Council Memorandum To: From: Via: Honorable Mayor Hall and Members Paz Gomez, Deputy City Manager, Ru Geoff Patnoe, Assistant City Manag {city of Carlsbad Re: Additional Materials Related to Staf ort Item No. 2 -Agreement for Citywide Facility Custodial Services and Agreement for Parks Restroom Custodial Services (Districts -All) This memorandum provides updated information on the status of the current custodial contract referenced in the Staff Report. The Staff Report indicates that the agreement with our current custodial contract provider, Prizm Janitorial Services, Inc. (Prizm), is scheduled to expire on May 9, 2021. In order to provide for an adequate transition of services between vendors, and to align the contracted services with the fiscal year, staff negotiated a contract amendment with Prizm to extend services. On April 6, 2021, Amendment No. 4 to the contract with Prizm was executed to extend the current custodial services through June 30, 2021. Contracted services with the proposed vendors, Allied Building Maintenance, LLC, d.b.a. Allied Universal Janitorial Services, and MEK Enterprises, Inc., are scheduled to commence on July 1, 2021. The Staff Report was written with an anticipated transition date of early May. Therefore, the fiscal impact sections of the Staff Report state that sufficient funds are available in the budget for the fiscal year 2020-21 to fund a portion of the first year of the agreement. This statement is no longer applicable as services will commence next fiscal year. cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Gary Barberio, Deputy City Manager, Community Services Laura Rocha, Deputy City Manager, Administrative Services Robby Contreras, Assistant City Attorney Kyle Lancaster, Parks & Recreation Director Ryan Green, Finance Director John Maashoff, Public Works Manager Brian Bacardi, Public Works Superintendent Public Works Branch Fleet & Facilities Department 405 Oak Ave. I Carlsbad, CA 92008 I 760-434-2856 t John Maashoff, Public Works Manager April 20, 2021 Citywide Facility and Parks Restroom Custodial Services Recommendation •Adopt a resolution authorizing execution of an agreement for citywide facility custodial services to Universal Protection Services, LP, d.b.a. Allied Universal Janitorial Services (Allied) in an amount not to exceed $1,222,228 over a two-year term •Adopt a resolution authorizing execution of an agreement for parks restroom custodial services to MEK Enterprises, Inc. in an amount not to exceed $1,315,844 over a two-year term 2 Background •Custodial services are provided using a combination of city staff and contracted services •Current contract for custodial services is set to expire on June 30, 2021 •Staff identified several areas of the existing contract that could be modified to benefit the City •Since the amount of modifications to the existing contract would be significant, staff determined soliciting bids was a more preferable solution and in the best interest of the city 3 Background Modifications to the existing agreement include: •Establishing clearly defined industry standards and expected service levels •Deploying contractor management software utilizing geofencing technology •Separating parks and beach restroom maintenance from citywide facility custodial services to allow for more competitive pricing on two distinctly different services •Consolidating parks restroom custodial services into a single contract (currently unlocking parks restrooms in the morning and daytime services are performed by two different parks landscape maintenance contractors) 4 Discussion •In January 2021, staff issued two Requests for Proposals (RFP); one for citywide facility custodial services and one for parks restroom custodial services •On February 22, 2021, 16 proposals were received for facility custodial services •On March 1, 2021, nine proposals were received for parks restroom custodial services •Staff received, reviewed and rated the proposals, and staff recommends awarding a contract to Allied for citywide facility custodial services and to MEK Enterprises, Inc. for parks restroom custodial services 5 Next Steps If approved by council: •Staff will execute a transition plan to transfer contracted portions of custodial services to the Allied Universal Janitorial and MEK Enterprises •July 1, 2021 is the anticipated date of transition to the new contractors 6 Recommendation •Adopt a resolution authorizing execution of an agreement for citywide facility custodial services to Universal Protection Services, LP, d.b.a. Allied Universal Janitorial Services (Allied) in an amount not to exceed $1,222,228 over a two-year term •Adopt a resolution authorizing execution of an agreement for parks restroom custodial services to MEK Enterprises, Inc. in an amount not to exceed $1,315,844 over a two-year term 7 Thank you