HomeMy WebLinkAbout2023-08-22; City Council; Resolution 2023-218RESOLUTION NO. 2023-218
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT FOR CITYWIDE PARKS
RESTROOM CUSTODIAL SERVICES TO NMS MANAGEMENT, INC., IN AN
AMOUNT NOT TO EXCEED $704,676 FOR THE FIRST YEAR OF THE
AGREEMENT, AUTHORIZING THE DEPUTY CITY MANAGER, ADMINISTRATIVE
SERVICES, TO APPROPRIATE $32,298 FROM THE GENERAL FUND TO THE
PARKS & RECREATION FISCAL YEAR 2023-24 OPERATING BUDGET AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE
AMENDMENTS AND AGREEMENT EXTENSIONS FOR THREE ADDITIONAL
ONE-YEAR PERIODS OR PARTS THEREOF
WHEREAS, the City of Carlsbad requires the services of a citywide parks restroom custodial
services contractor; and
WHEREAS, on April 21, 2023, the city issued a request for proposals for citywide parks restroom
custodial services; and
WHEREAS, on May 30, 2023, the city received, opened, witnessed and recorded receipt of 14
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 determined and
distributed to potential bidders prior to submission of the proposals in accordance with Carlsbad
Municipal Code Section 3.28.050; and
WHEREAS, the evaluation committee determined that NMS Management, lnc.'s proposal
provided the best value to the city and met all the needs and objectives of the proposed citywide parks
restroom custodial maintenance services agreement; and
WHEREAS, staff request an additional $32,298 appropriation from the General Fund to the
Parks & Recreation fiscal year 2023-24 operating budget; and
WHEREAS, staff recommend the award of an agreement for citywide parks restroom custodial
services to NMS Management, Inc., in an amount not to exceed $704,676 for a one-year term; and
WHEREAS, staff request authorization for the City Manager or designee to execute
amendments and agreement extensions for three additional one-year periods or parts thereof, subject
to an annual Consumer Price Index increase, as specified in the agreement; and
WHEREAS, the City Planner has determined that pursuant to Public Resources Code Section
21065, award of an agreement for custodial maintenance services does not qualify as a "project" with
the meaning of the California Environmental Quality Act 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.
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 parks restroom custodial services received from NMS
Management, Inc., is hereby accepted. The Mayor is authorized and directed to execute
the Agreement with NMS Management, Inc., which is attached hereto as Attachment A.
3.That the City Manager is hereby authorized to execute amendments and Agreement
extensions for three additional one-year periods or parts thereof.
4.That the Deputy City Manager, Administrative Services, is hereby authorized to
appropriate $32,298 from the General Fund to the Parks & Recreation fiscal year 2023-
24 operating budget.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 22nd day of August, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
�(
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
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Attachment A
PSA24-2256FAC
AGREEMENT FOR CITYWIDE PARKS RESTROOM CUSTODIAL MAINTENANCE SERVICES
NMS MANAGEMENT, INC.
THIS AGREEMENT is made and entered into as of the 2A-\:M day of {h �\) 6,V , 2023, by and between the City of Carlsbad, California, a municipal
corporation ("City") and NMS Management, Inc., a California corporation ("Contractor").
RECITALS
A. City requires the services of a consultant that is experienced in custodial maintenance
services.
B.Contractor has the necessary experience in providing services and advice related to
custodial maintenance services.
C.Contractor has submitted a proposal to City under RFP23-2159FAC and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein,
City and Contractor agree as follows:
1.SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that
are defined in attached Exhibit "A -D," which is incorporated by this reference in accordance with this
Agreement's terms and conditions.
2.STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable care and skill customarily exercised
by reputable members of Contractor's profession practicing in the Metropolitan Southern California area,
and will use reasonable diligence and best judgment while exercising its professional skill and expertise.
3.TERM
The term of this Agreement will be effective for a period of one (1) year from the date first above written.
The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or
parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs,
and appropriation of funds by the City Council. The parties will prepare a written amendment indicating
the effective date and length of the extended Agreement.
4.TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5.COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will not exceed
seven hundred four thousand six hundred seventy-five dollars and fifteen cents ($704,675.15). No other
compensation for the Services will be allowed except for items covered by subsequent amendments to
this Agreement.
Incremental payments, if applicable, should be made as outlined in attached Exhibit "B."
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6.CONSTRUCTION MANAGEMENT SOFTWARE
Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore
(www.procore.com) online project management and document control platform. The intent of utilizing
Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team
dynamic by improving information flow, reducing non-productive activities, reducing rework and
decreasing turnaround times. The Contractor is required to create a free web-based Procore user
account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system.
Unless the Engineer approves otherwise, the Contractor shall process all project documents through
Procore because this platform will be used to submit, track, distribute and collaborate on project. If
unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall
complete a free training certification course located at http://learn.procore.com/procore-certification-
subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either
through the online training or reaching out to the Procore support team. It will be the responsibility of the
Contractor to regularly check Procore and review updated documents as they are added. There will be no
cost to the Contractor for use of Procore.
It is recommended that the Contractor provide mobile access for Windows, iOS located at
https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices
located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App
installed to at least one on-site individual to provide real-time access to current posted drawings,
specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient
observations or punch list items. Providing mobile access will improve communication, efficiency, and
productivity for all parties. The use of Procore for project management does not relieve the contractor of
any other requirements as may be specified in the contract documents.
7.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.
8.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
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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.
9.OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
10.INDEMNIFICATION
Contractor agrees to indemnify, defend and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising
out of the performance of the work described herein caused by any negligence, recklessness, or willful
misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or
on behalf of an injured employee under the City’s self-administered workers’ 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.
11.INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all amendments,
insurance against claims for injuries to persons or damage to property which may arise out of or in
connection with performance of the services by Contractor or Contractor’s agents, representatives,
employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and
authorized to do business in the State of California. The insurance carrier is required to have a current
Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of
Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”;
OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC)
latest quarterly listings report.
11.1 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.
11.1.1 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.
11.1.2 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.
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11.1.3 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.
11.1.4 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.
11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this
Agreement contain, or are endorsed to contain, the following provisions:
11.2.1 The City will be named as an additional insured on Commercial General Liability which
shall provide primary coverage to the City.
11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be
written as claims-made coverage.
11.2.3 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.
11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement,
Contractor will furnish certificates of insurance and endorsements to City.
11.4 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.
11.5 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.
12.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.
13.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.
14.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
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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.
15.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.
16.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 Barney Dresman Name David M. Guaderrama
Title Public Works Supervisor Title Project Manager
Department Public Works Address 155 W. 35th Street, Suite A
City of Carlsbad National City, CA 91950
Address 405 Oak Ave. Phone No. 619-425-0440
Carlsbad, CA 92008 Email nmsmanagement@msn.com
Phone No. 760-331-8272
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.
17.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 as required in the City of Carlsbad Conflict of Interest Code.
Yes ☐ No ☒
18.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.
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19.DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
20.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.
21.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 one hundred twenty (120) days written notice to the other party, may
terminate this Agreement. In the event of termination of this Agreement by either party and upon request
of City, Contractor will assemble the work product and put it in order for proper filing and closing and
deliver it to City. Contractor will be paid for work performed to the termination date; however, the total
will not exceed the lump sum fee payable under this Agreement. City will make the final determination as
to the portions of tasks completed and the compensation to be made.
22.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.
23.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
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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.
24.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.
25.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.
26.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 and any exhibits. Neither this Agreement nor any of its
provisions may be amended, modified, waived or discharged except in a writing signed by both parties.
27.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.
[signatures on following page]
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CONTRACTOR
NMS MANAGEMENT, INC.,
a California corporation
By:
By:
(sign here)
David M. Guaderrama,
Director of Business Development
(print name/title)
(sign here)
(print name/title)
PSA24-2256FAC
CITY OF CARLSBAD, a municipal corporation of
the State of California
By:
�eith Blackburn, Mayor
ATTEST:.
If required by City, proper notarial acknowledgment of execution by contractor must be attached. �
corporation, Agreement must be signed by one corporate officer from each of the following two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
BY:---�-�----'-�--�--
Deputy City Attorney
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EXHIBIT “A”
Scope of Services
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 MANAGER - The fully appointed CITY MANAGER of the CITY or his authorized representative.
c.CONTRACT ADMINISTRATOR – The Deputy City Manager of Public Works’ designee for awarding
and administering the CONTRACTOR’S work under this agreement.
d.PERIODIC INSPECTION – Routinely scheduled or unscheduled noticed inspection or audit
conducted by CITY.
e.PUBLIC WORKS MANAGER - The CITY official designated as the Public Works Manager, or
designated 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 in accordance with the
standards contained herein, at no less than the frequencies provided in this scope of services.
c.CONTRACTOR is required to render and provide custodial maintenance services including,
but not limited to: sweeping, disinfecting and cleaning surfaces, scrubbing, pressure
washing, cleaning and/or painting over graffiti, and all other maintenance required to
maintain the areas included in this Agreement and 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 15(d)).
f.The following is an excerpt from Senate Bill 20, Displaced Janitor Opportunity Act (“Act”),
codified in Labor Code Sections 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
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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.
h.CONTRACTOR shall hold the following current and valid certifications: Department of
Industrial Relations Janitorial Services Registration Certificate.
Specifications showing general outline and details necessary for a comprehensive understanding
of the work, form a part of the Agreement. All work under the Agreement 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
Agreement and a requirement occurring in one is binding as though occurring in all.
3.FACILITIES TO BE MAINTAINED
The facilities to be maintained are as follows:
Location Sq Ft
(estimated)
Number of Buildings (1
men’s and 1 women’s
restroom in each building)
Ann D. L’Heureux Dog Park
2710 Carlsbad Village Drive
N/A Lock gate at night. No
other service
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
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La Costa Canyon Park
3018 Pueblo St
402 1
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
1895 3
Skate Park
2560 Orion Way
180 1
Stagecoach Park
3420 Camino de los Coches
756 2
Tamarack (Beach)
Carlsbad Blvd and Tamarack
900 1
Total Number of Buildings 24
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.
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 Agreement 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 Agreement. 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
Agreement.
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 a separate line. A copy
of the City Janitorial Service App extra service log shall be attached to this invoice.
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d.In the event the CITY transfers title or maintenance responsibility of a facility, or a portion
thereof, this Agreement shall continue in full force and effect. The CONTRACT
ADMINISTRATOR may remove facilities, or portions thereof, from the list of facilities to be
maintained, the compensation amount shall be reduced accordingly, in accordance with the
payment schedule in Exhibit “B”.
e.The CONTRACT ADMINISTRATOR may 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 Agreement based
on the submission of an approved maintenance bid, consistent in all respects with this
Agreement, 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 Agreement.
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 the relevant invoice.
g.Beginning on the effective date of the second Agreement year, if extended, and any
additional Agreement year thereafter, the cost per service, as provided in Exhibit “B”, may
be adjusted by a mutually agreed upon amount, in consideration of the most recently
published San Diego-Carlsbad Consumer Price Index for All Urban Consumers (CPI-U), if any,
published by the Bureau of Labor Statistics of the United States Department of Labor.. The
CONTRACTOR’s requests for service cost adjustments must be made in writing at least sixty
(60)days before the end of the then-current Agreement year. The request for an adjustment
to the cost per service is subject to negotiation between the parties or rejection by the CITY,
at the CITY’s sole discretion. Cost per service adjustments will not be approved for the then
current Agreement year.
5.ENFORCEMENT, DEDUCTIONS AND LIQUIDATED DAMAGES
a.The CONTRACT ADMINISTRATOR shall be responsible for the enforcement of this Agreement on
behalf of CITY. In addition to deductions stipulated in other sections of this Agreement, the
CONTRACT ADMINISTRATOR may enforce deductions for unsatisfactory performance.
b.An inspection rating system shall be used to evaluate the condition of the buildings. To receive a
score that avoids any deductions the facility shall meet the following requirements:
i.Floors are clean, and free of built-up streaks, grime and gum. Residual dirt or debris from
activity between services is acceptable.
ii.Walls, doors and partitions are clean, but marks, dust, smudges, and fingerprints are
noticeable upon close observation.
iii.Fixtures are clean and polished. No grime, rust or stains shall be visible. Residual, build up
dirt or debris from activity between services is acceptable.
iv.The visual condition of the building shall be considered when evaluations take place. The
CONTRATOR will not be penalized for maintenance issues such as worn floors, scratched
or damaged fixtures and flaking paint.
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c.The inspection performance levels are based on APPA (https://www.appa.org) standards and are
as follows:
Description Score (%)
Meets expectations (APPA Level 2) 100
Acceptable, but needs improvement
(APPA LEVEL 3)
75
Minimally acceptable (APPA Level 4) 50
Poor (APPA Level 5) 25
Unacceptable 0
d.Inspection levels will be applied to the following weighted categories and scores.
Category Weight
Floors 20
Sinks, counters, faucets 20
Toilets/Urinals/valves 20
Surfaces/partitions/Doors 15
Dispensers clean and stocked 10
Walls, ceilings, lights 10
Room smells fresh 5
e.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 has a maximum point score of 100%. To avoid deductions from payment, CONTRACTOR
must receive a rating of 85 or higher per facility. Each additional point deduction below 85 will
result in a 1.176% deduction per point from the monthly payment. The monthly Inspection Rating
System report shall constitute reason for any deductions so imposed. See EXHIBIT C for inspection
report sample.
f.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:
i.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 to the CONTRACTOR.
If the service is not completed nor reported as complete, then the cost of this service at
issue shall be deducted from the monthly service bill.
ii.The Contract Administrator may allow the non-performance to remain uncured and make
a proportional deduction from the monthly payment.
g.Service reported outside the specified windows of time may receive a deduction of $25 per
occurrence. This may be applied if six or more occurrences take place in a single day.
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h.Failure to report service on City Janitorial Service App will result in nonpayment for that service.
i.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.
j.Failure of the CONTRACT ADMINISTRATOR to discover or reject unacceptable work, shall not be
deemed as a waiver of the CITY’s right to a proper execution of the Agreement.
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 Agreement requirements
and identifying deficiencies.
b.The CONTRACTOR or their authorized representative shall meet with the CONTRACT
ADMINISTRATOR or their representative on site monthly for the initial year of the Agreement 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, Agreement amendment,
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 (“Cleaning Equipment”) to ensure they are clean, in good working order and meet
the specifications of this Agreement. If the Cleaning Equipment does not meet the specifications,
then the CONTRACTOR shall replace it with new Cleaning Equipment. CONTRACTOR shall maintain
a written record of any Cleaning Equipment discrepancies, and upon request, provide that written
record 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 under this Agreement and to provide to the CONTRACT
ADMINISTRATOR pertinent information relative to the maintenance, operation, and safety of the
sites.
i.Staff names and service location/s
ii.Site cleaning inspections
iii.Building and maintenance issues reported
iv.Safety training schedule and completion logs
v.Equipment list and locations
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7.CONTRACTOR'S DAMAGES
All damages incurred to existing facilities, as determined at the sole discretion of the CITY, by the
CONTRACTOR'S shall be repaired or replaced at the CONTRACTOR'S sole expense.
8.EXTRA WORK AND CALL OUTS
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.
b.Additional service for special events. An estimated cost for the extra work and call out must be
approved by the CONTRACT ADMINISTRATOR in writing.
c.A call out initiated by City staff.
Call out charges apply if the CONTRACTORS staff are required to make a special trip to perform
the service.
Cost of extra work will be billed in accordance with the rate schedule in EXHIBIT ‘B’ Additional
supplies and other associated costs will be billed at cost plus 15%. Extra work and additional
service must be logged, with a full description and before and after pictures, via the City’s
Janitorial Service App.
9.SAFETY
a.CONTRACTOR agrees to perform all work outlined in this Agreement 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 to the CONTRACT ADMINISTRATOR within three (3) calendar days of the
occurrence. CONTRACTOR shall cooperate fully with the CITY in the investigation of any such
occurrence.
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c.Persons performing lock up or overnight services may come across people in and around the
buildings. The CONTRACTOR is responsible for for training staff to know what to do in these situations
such that they remain safe and situations do not escalate. The City of Carlsbad Police Departement
is available to assist should safety be a concern.
10.HOURS AND DAYS OF SERVICES
a.Janitorial services shall only take place during the agreed hours and days of service.
b.CONTRACTOR shall provide staffing to perform the required maintenance services during the
prescribed hours.
c.Any changes in the days and hours of operation heretofore prescribed shall be subject to approval
by the CONTRACT ADMINISTRATOR.
11.SCOPE OF SERVICES
CONTRACTOR will perform the following services:
Daily Cleaning
a.Dust walls, horizontal surfaces, ceilings and light fixtures to remove all dust, cobwebs, leaves
etc.
b.Sweep floors inside restroom. Collect debris and dispose.
c.Spray walls floors, fixtures, partitions, counters, toilets, urinals and sinks with disinfecting cleaner.
Allow solution to sit for approximately 10 minutes for effective disinfecting, and rinse.
d.Clean hand dryers and walls under hand dryers such that no grime or build up exists.
e.Scrub/mop floors and base thoroughly. Use crevice tool for floor/wall transitions, corners and
partition bases. Floors and wall transitions should be dirt, grime, gum and streak free. Surface
water and puddling should be pushed to floor drain with broom or squeegee. Periodic machine
scrubbing is recommended to maintain clean floors.
f.Pick up residual debris, do not hose outside or into floor drain.
g.Scrub/wipe partitions, walls, toilets, urinals, sinks and counters. No dust, grime, build up, rust or
dirt should be evident on partitions, fixtures, valves, drainpipes, drain covers and faucets.
h.All fixtures and surfaces including toilets, urinals, sinks, faucets, partitions, doors to be disinfected
and free from dirt, grime, gum and scale. Stainless surfaces to be polished and streak free.
i.Clean mirrors (as applicable) with disinfectant, and wipe to streak free condition.
j.Clean dispensers with disinfectant, and wipe to streak free condition. Dispensers should be free
of oxidation, grime, build up and rust.
k.Wipe changing tables (if applicable) inside and out.
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l.Restock toilet paper.
m.Top off soap dispensers as needed.
n.Clean all drinking fountains within 15 feet of building with disinfecting cleaner. Polish surfaces as
needed.
o.Sweep outside entrance path area (concrete pad approximately 5’ from perimeter walls next to
restroom entrance).
p.Unblock clogged toilets using a plunger. If unsuccessful report clogged drain to Parks
Maintenance, and tape off blocked fixture with caution tape.
q.Report completed service on City Janitorial Service App.
r.Report any maintenance issues such as vandalism, maintenance needs, faulty lights and fixtures,
leaks etc. directly onto City Service Request App.
s.Periodic deep cleaning of all areas is strongly recommended to maintain expected standards.
t.Storage Room Cleaning
i.Clean mop sink
ii.Equipment clean and labeled with CONTRACTOR name.
iii.Sweep/mop floor. Remove trash and empty boxes
iv.Supplies must be organized
v.Cleaning chemicals must be on approved list attached to this contract. Equivalent products
may be approved upon request.
vi.Report any unauthorized storage to CONTRACT ADMINISTRATOR.
Porter Service
a.Sweep floors
a.Wipe down sinks and faucets with disinfecting cleaner.
b.Wipe down toilets/urinals with disinfecting cleaner.
c.Wipe down touch points (dispensers, handles, partition hardware) with disinfecting cleaner.
d.Use ¼ fold method on wiping rag to reduce any cross contamination.
e.Do not re-use wiping rag in other restrooms
f.Restock toilet paper as needed
g.Check and top off soap if needed
h.EXTRA WORK If restroom is heavily soiled shut the room down and fully clean and disinfect.
i.Report completed service on City Janitorial Service App.
Unlock
a.Unlock doors or gates. Note some doors and gates must be locked open using the latch or padlock.
b.Check restroom is in acceptable condition for opening.
j.Report completed service on City Janitorial Service App. Include photos of floor, one fixture, one
sink, and one paper dispenser to verify acceptable condition.
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Lock up
a.Inspect all areas to ensure that rooms are empty and unoccupied.
b.If a restroom is occupied, cordially inform the occupant the restrooms are closing for night cleaning.
c.If occupants refuse to leave call the Police Department and move on to the next building.
d.At the end of the route return to building to lock up (report and bill this this as a call out service).
e.Lock doors or gates.
f.Report completed service on City Janitorial Service App.
AS NEEDED SERVICES
a.Emergency Cleaning (as needed)
i.Close restroom (put up closed sign)
ii.Perform on as-needed service
iii.Report completed service on City Janitorial Service App.
b.Graffiti Removal (as needed)
i.Graffiti removal. If graffiti cannot be removed by scrubbing with graffiti removal solution,
CONTRACTOR will immediately paint over the affected area with approved paint (paint
will be supplied by CITY).
ii.CONTRACTOR shall report to CITY immediately any unsafe or unsightly conditions
observed.
iii.Report completed service on City Janitorial Service App.
c.Snack Bars/Food Serving Facility
i.Wipe Down Service – Upon request
ii.Sweep and mop floors
iii.Wipe down counters using disinfecting cleaner
iv.Wipe down refrigerators inside and out using disinfecting cleaner.
v.Wipe down touch points using disinfecting cleaner
vi.Empty Trash
vii.Report completed service on City Janitorial Service App.
d.Call out
A call out is defined as an extra work requiring a special trip to provide service, such as emergency
cleaning. Contractor will charge a call out fee plus hourly rate. Work must be recorded on City
Janitorial Service App and include before and after pictures.
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12.SCHEDULE OF SERVICES
Unlock Porter 1 Porter 2 Lock Daily Cleaning
Beach Restrooms 5:30am-7am
10 am-noon 3pm-5pm 9pm-11pm While restrooms
are closed
All other parks 6am-8am
Dog Park 9pm-11pm
1.Unlock, Porter 1, Porter 2 and lock up should be spaced 4-5 hours apart.
2.To demonstrate an understanding of the services provided, Contractor shall provide route maps
for each service route indicating windows of time that service will be complete
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13.SECURITY
a.The CONTRACTOR shall be responsible for unlocking, locking and securing the buildings, in
accordance with the agreed schedule. 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, and upon request as needed.
14.PERFORMANCE MANAGEMENT PLAN
a.The CONTRACTOR shall inspect all buildings monthly and provide individual reports through the
City Janitorial Service App.
b.CONTRACTOR’S authorized Manager and designated Supervisory Staff shall meet quarterly with
the CONTRACT ADMINISTRATOR and/or designee to review Contract Performance.
CONTRACTOR’S Cleaning Equipment 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.
c.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 Agreement year. Further evaluations will be requested at the discretion of the
CONTRACT ADMINISTRATOR for the life on the Agreement.
d.Service Verification:
i.The City of Carlsbad will provide a mobile based application (City Janitorial Service App) for
each member of the contractor’s staff. This system will provide geofence based tracking of
staff at each location serviced, and service/incident 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 and maintenance issues in real time.
v.Staff will provide photographic evidence of extra services and reported issues.
vi.Staff will report incidents (such as an inability to report service, unusual situations that are
not safety related, graffiti, damage) in real time, with photos for verification.
vii.CONTRACTOR will utilize this system for its own internal performance assessment.
CONTRACT ADMINISTRATOR will help facilitate setting up the reporting functions.
viii.CONTRACTOR will ensure staff have active smart phones. The application shall be installed
in each phone and be active during times of service.
ix.CONTRACTOR will monitor reporting daily activity to ensure all services are reported in
accordance with the scope and schedule of services.
x.CONTRACT ADMINISITRATOR will assume that all scheduled and as needed services not
reported in the City Janitorial Service App were not performed. The Contractor’s invoice
shall not include fees for services that were not successfully reported to the Mobile based
Janitorial Management System.
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15.COMMUNICATIONS AND EMERGENCY RESPONSE
a.Report any emergency of a safety, security or health problem to the CITY Police Dispatcher at
760-931-2197 immediately for any of the following 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 workday. 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 a cellular phone capable of receiving text
messages and phone calls during their scheduled shifts so that CITY staff can reach them for
required services. The CONTRACTOR shall provide the CONTRACT ADMINISTRATOR with the
required phone numbers. Cellular phone 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
by the CITY.
c.Whenever immediate action is required to prevent possible injury, death, or property damage,
the 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 and is expected to respond or coordinate
responses to requests from the CITY within thirty minutes.
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16.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" 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.
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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 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.
17.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.
DocuSign Envelope ID: 0526AAAF-7A5A-4724-AE5B-A8B6B4A407A0
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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.
18.RECYCLING PROGRAM & COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS
a.The CONTRACTOR shall be responsible for supporting the city’s recycling efforts or enhancements
that the CITY implements during the life of the Contract.
b.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.
c.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.
19.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 Agreement 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, dust
DocuSign Envelope ID: 0526AAAF-7A5A-4724-AE5B-A8B6B4A407A0
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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.In order to
prevent cross contamination, ony one mop head should be used per restroom.
d.All equipment shall have adequate bumpers and guards to prevent marking or scratching of
fixtures, furnishings and/or building surfaces.
e.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 circuit.
20.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 stored in City facilities 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 may 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 Exhibit D of this Agreement or approved in writing by the CONTRACT
ADMINISTRATOR.
g.The CONTRACTOR shall supply and maintain adequate supplies in all custodian closets at all
times:
i.Toilet paper
ii.Paper towels
iii.Seat liners
iv.Hand soap
v.Wastebasket liners
h.Contractor shall ensure that all paper and liner products used comply with California law SB
1383. The CONTRACTOR shall provide the CONTRACT ADMINISTRATOR a list of paper and
plastic liner products and supporting compliance documents.
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Page 26 of 31
21.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.
22.ACCESS TO BUILDINGS
a.Some restroom buildings are located within a park area. CONTRACTOR’S staff shall only
drive and park on paved areas.
DocuSign Envelope ID: 0526AAAF-7A5A-4724-AE5B-A8B6B4A407A0
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City Attorney Approved Version 6/12/18
Page 27 of 31
EXHIBIT “B”
Payment schedule
Daily Service per building Cost per service ($)
Unlock $7.76
Porter service 1 $18.11
Porter service 2 $18.11
Lock up $7.76
Cleaning $23.68
Total per building $75.43
Dog park lock up $15.83
Total Daily Service
(all 24 buildings plus dog park lock up)
$1,750.65
Total Annual Service
$637,235.15
Provide as needed service fees per incident.
Note: call out fee only applies if a special trip was made to perform the service.
Service Cost ($/hr.) Est. hours per year Total ($)
Extra cleaning $38.00 300 $11,400.00
Graffiti removal $38.00 300 $11,400.00
Snack bar cleaning $38.00 780 $29,640.00
Service Cost ($/incident) Est. call outs per
year
Total ($)
Call out fee $150.00 100 $15,000.00
Total Annual As-needed Extra Services $67,440.00
Total Annual Service and As Needed extra service $ 704,675.15
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EXHIBIT “C”
Sample Inspection Report
DocuSign Envelope ID: 0526AAAF-7A5A-4724-AE5B-A8B6B4A407A0
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PSA24-2256FAC
City Attorney Approved Version 6/12/18
Page 29 of 31
EXHIBIT “D”
Approved Cleaning Products
Cleaning Solutions/Products
•If solution is transferred to another container, product labels must be applied. No exceptions
•Safety Data Sheets are available online for all chemicals listed. QR code is available at all
locations. Contractor to ensure QR labels are install at all supply storage locations.
•When handling chemicals and cleaning products, use appropriate personal protective
equipment.
•Any chemical or cleaning product not listed must be approved, in writing, prior to use.
Dilution Solutions Only use with the dispenser (do not
hand mix)
Green Certifications Contractor alternative
243
•Neutral cleaner
•No rinse
•Use for mopping and
scrubbing floors
ECOLOGO CCD-146
UL 2759 Certified
CACC Certified
330
•Contains enzymes
•Heavy duty cleaning, good for
heavily soiled floors but needs
to be rinsed afterwards
•Attacks odors
•Use same day
•Do not re-use old material
•ECOLOGO CCD-110/UL 2792
Certified
ECOLOGO CCD-110
UL 2792
CACC
764 Disinfectant
•Use on the Versa
•Kills most bacteria, virus and
inhibits mold
•EPA registration #1839-169-
14994
Disinfectants cannot
have green
certifications
543 Glass and surface
•Glass
•Desks
•Cabinets
•Polished surface
•Green Seal GS-37 Certified.
ECOLOGO CCD-146
UL 2759
CACC
Approved Cleaning Products
DocuSign Envelope ID: 0526AAAF-7A5A-4724-AE5B-A8B6B4A407A0
(city of
Carlsbad
PSA24-2256FAC
City Attorney Approved Version 6/12/18
Page 30 of 31
443 Super concentrated cleaner
•Tile and grout
•Grime build up
•Carpet spot cleaning
•Do not use in Versa
•Green Seal GS-37 Certified
Green Seal GS-37
730 Peroxide based disinfecting
cleaner
•No rinse
•10-minute kill time on
bacteria
•1 minute kill time on viruses
•Good all-purpose cleaner
•Use for disinfecting only.
Keep using 764 for toilets and
urinals
Disinfectants cannot
have green
certifications
710 Neutral No Rinse Disinfecting
Cleaner
•Use on sensitive surfaces.
•Recommended for use at
Historic buildings such as Leo
Carrillo and Magee park
buildings.
•Can be used on floors, tile
surfaces and counters.
•Dilute at ½ oz per gallon
Disinfectants cannot
have green
certifications
920 Brk-Away Degreaser
•Baked on grease and fats
•Not recommended unless
other products do not work
Other cleaning products
Microdrain
•Must be mixed 1 cup
microdrain to 2 cups water
•Mix solution and pour down
all floor drains and mop sinks
weekly
•Do this at the end of shift
•Ecologo CCD-113/UL 2791
Certified.
Ecologo CCD-113/UL
2791
Diluted
1:7 for heavy soil
1:20 Medium soil
1:32: Light soil
Be sure to rinse and pick up
twice to remove all product
from the floor.
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Grout Rescue – Grout and Tile
Cleaner
•For heavy duty cleaning of tile
and grout.
•Use with Auto scrubber, Taz
Machine or low speed rotary
machine
•Not for daily use
•Not to be use on natural
stone
None
Defoamer
•use in autoscrubbers, wet
vacs and extraction machines
•Stops foam from getting into
vacuum motors
•1 oz for every 10 gallons of
capacity
Scrub Ease II
•Crème cleaner
•Removes
o Tarnish
o Rust
o Oxidation
o Hard water deposits
o Soap scum
o Baked on grease
•Follow instructions on bottle
UL ECOLOGO
Lift Off 2
•Tape and goo remover
Graffiti remover
•Nontoxic, bio degradelable
Stainless Steel Polish/Degreaser
(Waxie)
•Metal polish
Ecologo CCD-146/UL
2759 Certified
CSL
•Compares to CLR
•Good for scale and rust
•Can be used instead of NS105
Ecologo CCD-146
UL 2759
Elegante hand soap Eco Logo CCD-104
Certified / UL 2784
DocuSign Envelope ID: 0526AAAF-7A5A-4724-AE5B-A8B6B4A407A0
•
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