Loading...
HomeMy WebLinkAbout1991-09-03; City Council; Resolution 91-2841 2 3 4 5 6 7 8 9 10 11 I.2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e RESOLUTION NO. 91-284 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A BID AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR CUSTODIAL MAINTENANCE BE IT RESOLVED by the City Council of the City of Carlsbad, as foll 1. That the bid of D. H. Maintenance, 2320 Back Nine Street, Ocear CA 92056 is hereby accepted for the period of one year with the option to renew for (3) additional one (1) year periods, with revised contract price set by mutual agrec of the parties. 2. That the Mayor of the City of Carlsbad is hereby authorize( directed to execute an agreement, a copy of which is attached hereto marked Exhit: for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a Regular Meeting of th Council of the City of Carlsbad on the 3rd day of September , 1991 , by the foll vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaar NOES: None ! ABSENT: *one ATTEST: RiETHA L. RAUTENKRANZ, City Clerk (SEAL) 1 LKriiuiC D [O 0 CUSTODIAL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into as of this -day 4a of & 199/ by and between the CITY OF CARLSBAD, a municipal corporation, hereiniker referred to as "City", and D. H. Maintenance Services hereinafter referred to as "Contractor". A. RECITALS (i) City has determined that it may most economically provide for janitorial service of City facilities listed on Exhibit "A" by contracting for services. (ii) to define the rights and obligations of the parties. B. AGREEMENT This agreement is to provide for the performanc: of those services by Contractor and THEREFORE, it is agreed between the parties as follows: In consideration of the sum of $27,120.00 in twelve (12) equal installments of $2,260.00 1. , to be paid to Contractor by City , the Contractor will: a. Take responsibility for the performance of all work described in this agreement. b. Provide all labor and materials, except where otherwise indicated in this agreement, and supervise the performance of the work, c. Furnish a supervisor and make every effort to keep him on the job at all times. d. Comply with all laws, ordinances, rules, and regulations of government authorities, federal, state and local, including WorkeJs Compensation and Immigration Reform and Contract Act of 1986, pertaining to the performance of the work. f. Comply with all necessary appropriate safety measures. g. Perform all work necessary and incidental to the orderly performance of the work. h. Report any emergency of a safety, security or health problem to the city Police/Fire Dispatcher (9-931-2197) including, but not limited to, an unlockable exterior door, broken ground floor window, plumbing stops or leaks, electrical power outage, cooling or heating malfunction or other B:\CNT91025.FM 1 Revised 7/3/91 a 0 similar problem that cannot wait to be repaired until the next work day. that require attention will be expeditiously submitted in writing to the Facilities Manager, Utilities and Maintenance, 2075 Las Palmas Drive, Carlsbad, California 92009-1519 on the next workday. Emergency problems reported to the Dispatcher and nun-emergency items 2. Schedule of Tasks a. Daily Maintenance Work Items: i. Empty trash containers; re-line as needed; wipe containers clean, as necessary; remove all trash to a designated central location for disposal. Empty and damp wipe all ashtrays and cigarette urns. ii. E. Hand dust and/or damp wipe all flat surfaces, including but not limited to, counters, and office furnishings such as file cabinets, desk chairs, tables, bookcases; hand dust and/or damp wipe all other types of office furnishings such as telephones, lamps, pictures; desk tops will be excluded unless the employee has cleared the desk top and requested cleaning. Hand dust and/or damp wipe all ledges and flat surfaces below 72” from the floor. Remove all finger marks, smudges, and other marks around light switches, door knobs, entry doors, metal partitions and corridor walls. Clean out outside ashtrays at entrance. Wipe clean all chrome, aluminum, stainless steel and other metal trims, such as, but not limited to, push plates, kick plates, door handles and railings. viii. Dry wipe all chalkboards when chalkboards contain no Writing/drawings; vacuum chalk dust from chalk trays and erasers; clean marker boards with appropriate cleaning solutions, as needed, when board contains nc writing/drawings. Dust mop all resilient tile and hardwood floor surfaces; damp mop a: required; sweep all stairways. Vacuum traffic areas of all carpets and rugs; spot clean carpets, as needed Note: Building Maintenance Superintendent will schedule soil extractior iv. v. vi. vii. ix. x. - B:\CNT91025.FM 2 Revised 7/3/S 0 0 on an annual basis. Clean glass entrance doors, inside/outside; spot clean metal framing, as needed. Clean rest rooms: use germicidal detergent to clean all toilets and urinals, inside and outside including seats; clean and polish all flushometers and xi. xii. Piping; Clean all wash basins/sinks and wipe dry; clean and polish all basin fixtures and exposed pipes underneath; e Clean all mirrors, shelves under mirrors, and other shelves or brackets; Spot clean partitions, doors, and wall areas, as needed; Fill all paper and soap dispensers; wipe clean all dispensers and trash receptacles (no refill supplies shall be stocked in vicinity of dispenser); Damp mop floor using germicidal detergent; wet mop ceramic tile and terrazzo tile. xiii. Clean outside walkway/stairs leading to building entryway. b. Weekly Maintenance Work Item: i. ii. iii. iv. Those items listed under daily maintenance. Vacuum all carpeted areas completely. Vacuum all upholstered furniture; spot clean as needed. Damp mop all resilient tile and wood floors, including stairs, spray buff all resilient tile areas. Clean all inside glass partitions. Clean and polish all metal entrance doors and jambs. Dust all baseboards, picture frames and other vertical sdaces of d oficc Mture; dust aII molding, ledges, tops of partitions, trim ventilators, v. vi. Vii. louvers above 72” from the ‘iloorl B:\CNT91025.FM 3 Revised 7/3/! e 0 Viii. Pour one gallon water containing two ounces of germicidal detergent down all floor drains; scrub and clean the custodian’s deep sink, if applicable. c. Monthly Maintenance Work Items: i. ii. Those work items listed under daily and weekly maintenance. Scrub all resilient tile floors and stairs; apply new floor finish, as needed and polish floors. iii. Machine scrub all hard tile (ceramic, quarry, etc.) floors. iv. Dust all wood paneling; add lemon oil, as needed. v. Dust all partition tops, door tops, ceiling vents and light fixtures. vi. Dust exposed pipes and overhead exposed mechanical equipment. d. Quarterly Monthly Work Items: (To be performed during the first month of each quarter.) i. ii. iii. iv. v. Vacuum all upholstered furniture. e. Semi-Annual Maintenance Work Items: (To be performed during the first and seventh month of the calendar year.) i. Those items listed under daily, weekly and monthly maintenance. Clean all windows, inside and outside. Clean walls and ceilings (including partitions.) Clean and polish marble, wood, etc., walls and paneling. Those work items listed under daily, weekly, monthly and quarterly maintenance. ii, Shampoo all carpeted traffic areas using methods approved by the Facilities Manager. Strip, re-seal all hard tile (ceramic, quarry, etc.) floors. Clean (wash) all window blinds. iii. iv. B:\CNT91025.FM 4 Revised 7/3/91 a 0 v. Clean all baseboards. vi. vii. Clean all exterior window screens. Strip and refinish all resilient tile floor surfaces. Upon completion of this task, floor shall be free of all scuff marks, dirt, dust, soil, spots, stains, deposits and film (dirt, oil, grease, etc.). f. Annual Maintenance Work Items: (To be performed during the first two months of each calendar year.) i. Those work items listed under daily, weekly, monthly, quarterly and semi- annual maintenance. Vacuum, spot clean, and shampoo all carpets using a soil extraction method approved by the Facilities Manager. 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. ii. 3. No chemicals or cleaning agents shall be stored at any facility without the express written permission of the Facilities Manager, but shall be carried to and from the job site daily. C. GENERAL PROVTS?ONS 1. The Contractor shall obtain and pay for a City of Carlsbad business license at the time of signing this Contract. 2. The Contractor will provide the City with a blanket fidelity bond covering all employees. 3. The Facilities Manager will furnish keys to the Contractor who shall be responsible for locking and securing the buildings, including alarm systems, when leaving. The Contractor may NOT duplicate keys to buildings; additional keys, as needed, will be provided by the Facilities Manager. 4. AU lights are to be turned off when leaving. 5. The Facilities Manager or appointed designate shall monitor the custodial contract service and act as liaison to the Contractor. 6. a. Contractor's employees shall be required to be clean and neat in appearance and B:\CNT91025.FM 5 Revised 7/3/91 0 0 wear identification. Contractor will be required to submit verification that employees have the right to work in the United States. Contractor shall perform all obligations in a good professional and lawful manner, provide competent and sober personnel, efficient and clean equipment, and service the City in courteous, helpN and impartial manner. The Contractor shall remove any of its employees from work on this contract for justifiable cause upon the request of the City. b. Contractor's employees shall not use City phones, computers, copiers, Fax machines, etc. c. The Contractor will agree to and pay for background checks if required on all personnel providing custodial services at City facilities in cooperation with the Carlsbad Police Department. In the event such background check reveals an item which Carlsbad Police deems a security problem, the City may request that such individual be removed from the list of personnel authorized to provide custodial services in City facilities. a. Work hours shall be between the hours of 6:OO p.m. and 6:OO a.m., Monday through Friday, except holidays, dependent upon scheduled use. Any change in work hours by the Contractor must be approved, in advance, by the Facilities Manager or appointed designate. b. Holidays observed will be: New Yeafs Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, July 4th, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving Day and Christmas Day. 7. 8. The Contractor shall maintain a record of work accomplished which shall include supplies used and persons who did the work. This report shall be submitted with the monthly billing. In addition, the report shall indicate any work that needs to be accomplished. 9. The Contractor shall have an "on-site" representative with authority to contractually bind the Contractor in matters which may arise during the agreement performance period. The Contractor shall provide, prior to commencement of work under this agreement, in writing to the Facilities Manager, a statement indicating by name the specific authority vested in the "on-site" representative. The Contractor's "on-site" representative will 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-sitett representative shall be available for consultation regarding problems on a daily basis at some time during regular working hours (8:OO a.m. to 5:OO p.m., Monday through Friday). date, time in, time out, location of work and costs for equipment used, material and * B:\CNT91025.FM 6 Revised 7/3/91 0 e 10. Promess and Completion The Contractor agrees to commence the work provided for herein immediately upon the completion of the execution of this agreement and the delivery to the Contractor of an executed copy thereof and to continue in a due and diligent worker like manner and without interruption. Within five (5) work days after the award of the contract, the Contractor shall submit to the Facilities Manager a complete plan of his operations, indicating the names and addresses of the custodians (including all specialists and relief personnel) and the specific areas assigned to each, the days and times on which other than nightly duties will be performed, and the names and addresses of all supervisors. The plan will be kept current by the Conrractor. 11. Fees to Be Paid to Contractor a. The total shall not exceed the fee payable according to Paragraph 13, "Payment of Fees", and shall be $27,120.00 . No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 14, "Changes in Work'. b. Once each year after the first year of this agreement (but not retroactively), upon written request by the Contractor and approval by the Utilities and in accordance with the Consumer Price Index, San Diego, as published by the U. S. Department of Labor, based on the percentage change in the index from the first month of this agreement to each succeeding anniversary thereof. Maintenance Director, said monthly maintenance sum shall be subject to change 12. Duration of Contract This agreement shall extend for a period of one (1) year from the date hereof. The Utilities and Maintenance Director may extend this contract for three (3) additional one (1) year periods for a totd contract period of four (4) years, upon satisfactory performance. 13. Payment of Fees In the event notification is made at other than the beginning of the monthly agreement period, payment for that month shall be prorated from the day the Contractor is notified. Services not mrfomed will be deducted from the monthly Dament- 14. Changes - in Work If, in the course of the contract, changes seem merited by the Contractor or the City, and B:\CNT91025.FM 7 Revised 7/3/91 0 e informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City may request a change in the contract. Such changes shall be processed by the City in the following manner: A letter outlining the res_uired changes shall be forwarded to the City by Contractor to inform them of the proposed changes dong with a statement of estimated changes in charges or time schedule, A supplemental agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. 15. Covenants Against Continnent Fees The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the 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, the City shall have the right to annu this agreement without liability, or in its discretion, to deduct form the agreement price 01 consideration, or otherwise recover, the full amount of such fee, commksion, percentage brokerage fees, gift, or contingent fee. 16. Nondiscrimination Clause The Contractor shall comply with the state and federal laws regarding nondiscriminatioi 17. Termination of Contract In the event of the Contractor's failure to prosecute, deliver, or perform the work provided for in this contract, the City may terminate this contract for nonperformance notifying the Contractor by certified mail of the termination of the Contractor. T Contractor, thereupon, has five (5) working days to deliver said documents owned by t City and all work in progress to the Facilities Manager. The Facilities Manager shall mz a deledation of fact based upon the documents delivered to City of the percentage work which the Contractor has performed which is usable and of worrh to the City having the contract completed. Based upon that finding as reported to the City Manaz the Manager shall determine the final payment of the contract. 18. Inspections a. The Facilities Manager and other concerned City personnel, as appropriate, meet periodically to review the agreement performance. The Contractor wi appraised how the City views the Contractor's performance and the Contra will appraise the City of problems, if any, being experienced. The ContrP B:\CNT91025.FM 8 Revised : 0 9 will also nom the Utilities and Maintenance Director in writing of any work being performed, if any, that the Contractor considers to be over and above the requirements of the agreement. Appropriate action shall be taken to resolve outstanding issues. b. AU performance (which includes services, materials, supplies and equipment furnished or utilized in the performance of this agreement, and workmanship in the performance of services) shall be subject to inspection and approval by the City at all times during the term of the agreement. The Contractor shall provide adequate cooperation to any inspector assigned by the City to pennit the inspector to determine the Contractor's conformity with these specifications and the adequacy of the services being contractually provided. All inspection by the City shall be made in such a manner as not to unduly interfere with Contractor performance. c. If any services performed hereunder are not in conformity with the specifications and requirements of this agreement, the City shall have the right to require the Contractor to perform the services in conformity with said specifications and requirements at no additional increase in total contractual amount. When the services to be performed are of such nature that the difference cannot be corrected, the City shall have the right to (1) require the Contractor immediately to take all necessary steps to ensure future performance of the services will be in conformity with requirements of the agreement, and (2) reduce the contractual price to reflect the reduced value of the service5 performed. In the event the Contractor fails to perform the services promptlq or to take necessary steps to ensure future performance of the service ir conformity with the specifications and requirements of the agreement, the CiQ shall have the right to either (I) have the services performed in conformity wit1 the agreement specifications and charge to the Contractor any cost occasionec to the City that is directly related to the performance of such services, or (2: terminate this agreement for default. 19. Disputes If a dispute should arise regarding the performance of work under this agreement, tht following procedure shall be used to resolve any question of fact or interpretation no otherwise settled by agreement between parties. Such questions, if they become identifiec as a part of a dispute among persons operating under the provisions of this contract, shal be reduced to writing by the principal of the Contractor or the Facilities Manager. A cop: of such documented dispute shall be forwarded to both parties involved along wit1 recommended methods of resolution which would be of benefit to both parties. The Ciq Facilities Manager or principal receiving the letter shall reply to the letter along with i recommended method of resolution within ten (10) days. If the resolution thus obtainec B:\CNT91025.FM 9 Raised 7/3/9 0 e is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 20. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Contractor shall return all keys and property of the City to the Facilities Manager. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under Paragraph 11. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. 21. Status of the Contractor Suspension or Termination of Services a. The Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. b. The Contractor is an independent contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax Withholdings on behalf of the Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of the Contractor. The Contractor agrees to indemnify the City for any tax, retirement contribution, social security, overtime payment, or workers' compensation payment which the City may be required to make on behalf of the Contractor or any employee of the Contractor for work done under this agreement. 22. Hold Harmless Agreement The City, its officers, and employees shall not be liable for any claims, liabilities, penalties fines, or any damage to goods, properties, or effects of any person whatever, nor foi personal injuries or death caused by, or resulting from, any intentional or negligent acts errors or omissions of Contractor or Contractor's agents, employees or representatives Contractor agrees to defend, indemnify, and save free and harmless the City and its officer! and employees against any of the foregoing claims, liabilities, penalties or fines, and an; cost, expense or attorney's fees which are incurred by the City on account of any of thc foregoing. B:\CNT91025.M 10 Revised 7/3/9 e e 23. Assinnment of Contract The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 24. Subcontracting If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the 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 contract shall create any contractual relationship between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 25. Prohibited Interest No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become indirectly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 26. Verbal Am-eement or Conversation No verbal agreement or conversation with any officer, agent, or employee of the City: either before, during or after the execution of this contract, shall affect or modify any oj the terms or obligations herein contained nor entitle the Contractor to any additiona payment whatsoever under the terms of this contract. . 27. Successors or Assinns Subject to the provisions of Paragraph 22, "Hold Harmless Agreement", all terms conditions, and provisions hereof shall inure to and shall bind each of the parties hereto and each of their respective heirs, executors, administrators, successors and assigns. 28. Effective Date This agreement shall be effective on and from the day and year first above written. B:\CNT91025.FM 11 Revised 7/3/9 e e 29. Insurance The Contractor shall obtain and maintain policies of general liability insurance, automobile liability insurance, and a combined policy of worker’s compensation and employer’s liability insurance from an insurance company authorized to do business in the State of California which meets the requirements of City Council Resolution No. 90-96 in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amo~t is approved by the City Attorney or the City Manager. This insurance shall be in force during the life of this agreement and shall not be canceled without thirty (30) days prior written notice to the Ciy sent by certified mail. ... ... ... ... ..I ... ... ... ... ... ... ... ... ... - B:\CNT91025.FM 12 Revised 7/3/9 * a The c;q shd be named as an additional insured on these policies. The Contractor shall Eurnish certificates of hmranCe to the city before commencement of work. Executed by Contractor this 9' f' 1. day of Teq-, J 19%. CITY OF CARLSBAD, a municipal corporation of the State of California CONTRACTOR: - ' .> / 7 / c AJ f?< :,2: - J>T/* . - c 2&&LC& (Name of Contractor) ,, By: V&~G.;<, d -,- ,/$&c2- fl/ 4z, &IF // h+/(,, / (signhere) ATTEST: (print name here) NOTARY ACKNOWLEC &n Diegolust &&vingsbnk @ PART 1 STATE OF C:-R COUNTY OF SA DIEGO rslgn d, a Notary Public in and for ' On this --day 4 I Of 'ilcaeh- -----=3 be the person[s] that executed this instrument On behalf of the partnership and and State, personally persona\\y known to ( c ---* PI.^', - I acknowledged to me that the partnemhlp executed it. i I' \ ,. 7- 88 ; [for notary sed or stamp] VINCENT F. BIONDO, JR. Revised 7/3/91 B:\CNT91025.m 13 /* BID PROPOSAL, Bid N0.L opening : 11:oo AJ FOR: JANRORlAL SERVICE AS PER CITY OF CARLSBAD AGREEMENT The City reserves the right to add, delete, or switch service areas with appropriate writtc notice to the Contractor; changes in the basic service area will be computed based on tl bid proposal costs of the Agreement. Date: AUGUST 6, 195 Facilitv Address SquareFeet Sq . Ft. Rate Monthlv Rate Annual Rate Carlsbad Branch Library r) oa- 3co. 00 6L30. m r' I 570 7750-M El Camin0 Real Kruger House 3215 Eureka Street 1,250 - 22 180.50 ?3tO. 06 Scout House 3225 Eureka Street 1,908 /a 22s. Ob d 700.00 Holiday House 3235 Eureka Street 855 L /x. 00 /SO@. do Housing & Redevelopment 2965 Roosevelt #B ZOO0 - /a sm.0 0 3ccc.m Heritage Hall 2560 Garfield 1,608 IO8 /25,00 ,15730. 00 258 Beech 572 - /4 8@, 00 9ac. 08 Granary Magee House 258 Beech 4,089 0 c3- i 00.00 dU00,890 Parks & Recreation Administration 1166 Elm Avenue 504 - 39 / 7s 00 ;Z/CC', eQ Parks & Rec. Modutar/Break Room 11 66 Elm Avenw 1,610 . /si &9b' eo 3cne. dc? Railroad Depot 400 Elm Avenue 1,608 ., /5 m. 60 3 em. oc TOTAL - i 10 2, so. 00 &2s: /&LC, PO 2/,494 Revised 7/3 l4 eaTJ B:\CNT9102S.FM Ir 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2802