Item 3 - Award of Agreement with Universal Bldg Maintenance, LLC, d.b.a. Allied Universal Janitorial Services for Janitorial Services by Cooperative PurchaseOctober 5, 2021 Item # 3DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway CITY COUNCIL October 5, 2021 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works {y( Wi 11 Wiley, Assistant Director of Pub I ic Works for Mai ntena nee Operation A("'_ (858) 668-4705 or wwiley@poway.org r Award of Agreement with Universal Building Maintenance, LLC, d.b.a. Allied Universal Janitorial Services for Janitorial Services by Cooperative Purchase Agreement The City of Poway (City) contracts for city-wide janitorial services for its facilities and various park restrooms. The City requires janitorial services for the Mickey Cafagna Community Center (MCCC). Staff recommends the City enter into an agreement with Universal Building Maintenance, LLC, d.b.a. Allied Universal Janitorial Services (Allied Universal) through a cooperative purchasing agreement, under an existing agreement that was competitively bid by the City of Carlsbad, CA. The Poway Municipal Code Section 3.28.110 authorizes the City to participate in cooperative purchasing with other government agencies as an alternative to the bidding process for services. The term of the agreement is one (1) year retroactively beginning October 1, 2021 through September 30, 2022, with two (2) one-year extensions. Recommended Action: It is recommended that the City Council: 1) Award the agreement for janitorial services to Universal Building Maintenance, LLC, d.b.a. Allied Universal Janitorial Services, authorize the City Manager to execute the necessary documents; and 2) Appropriate $20,000 from the General Fund's Unassigned Fund Balance to the Facility Maintena nee Division account (415010-41200). Discussion: The City contracts for citywide janitorial services, which includes City Hall, Public Works Administration, the Library, the Poway Center for Performing Arts, the Water Treatment Plant, Fire Stations #1 and #3, and various park restrooms. On September 15, 2020, the City Council awarded an agreement to Nova Commercial Co. Inc. (Nova), for janitorial services. 1 of 62
October 5, 2021 Item # 3The agreement awarded to Nova did not include the MCCC because the facility was under construction and did not open until June 2021. At the time of the award to Nova, staff recommended having the MCCC included as part of Nova's agreement after the MCCC's completion. Prior to opening, staff obtained quotes from Nova and a secondary contractor to provide janitorial services on a month-to-month basis, while staff assessed the facility's baseline janitorial needs. Allied Universal was selected to provide service on a month-to-month basis. In August 2021, after solidifying the MCCC's janitorial services scope of work, staff obtained additional quotes to provide the janitorial services that ranged from $5,957 to $7,977 per month. As a result of the request for quote process, Allied Universal was identified as providing the best value for the janitorial services sought by the City for the MCCC. Staff recommends that the City enter into an agreement with Allied Universal under a cooperative purchasing agreement through the City of Carlsbad, CA. The City's Municipal Code Section 3.28.110 allows for the procurement of goods and services through cooperative purchasing on a competitive bid procedure that has been conducted by another public agency. The City of Carlsbad completed a competitive procurement for janitorial services in January 2021, and their City Council awarded a two (2) year agreement with two (2) one-year extensions to Allied Universal. Allied Universal has agreed to extend the same terms of its agreement with Carlsbad to the City. The agreement with Allied Universal will be $5,957.48 per month or $71,489.76 per year. The agreement consists of eight (8) hours of night cleaning services performed seven (7) days per week and includes all cleaning supplies and equipment to service the facility. Due to the COVID-19 pandemic, there has been an increased demand for janitorial and cleaning services, further perpetuated by workers returning to workplaces and the continued rise of COVID-19 cases. Janitorial services are an important aspect to the City's healthy work environment and providing inviting public spaces. To ensure cleaning standards are met, there are several performance management provisions included in the agreement, such as exercising an inspection rating system, conducting performance evaluations and administering payment deductions and liquidated damages for non-performance or unacceptable work. The length of the agreement with Allied Universal is for one (1) year, retroactively beginning October 1, 2021 through September 30, 2022, with two (2) one-year extensions. Environmental Review: This action is not subject to California Environmental Quality Act review. Fiscal Impact: Sufficient funds are budgeted and available in the Fiscal Year 2021-22 Facilities Maintenance Division budget (415010-41200) to fund a portion the agreement's first year's costs. An appropriation from the General Fund's Unassigned Fund Balance is requested in the amount $20,000 to fund the remainder of the agreement's first year's total anticipated costs. Funds for subsequent fiscal years will be included in the annual budget process for Council consideration. Public Notification: None. 2 of62
October 5, 2021 Item # 3Attachments: A. Agreement with Allied Universal Janitorial Services Reviewed/ Approved By: Wendaserman Assistant City Manager 3 of62 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chris Hazeltine City Manager
October 5, 2021 Item # 3City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of October, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and Universal Building Maintenance, LLC, OBA Allied Universal Janitorial Services (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform janitorial services for the Mickey Cafagna Community Center (Project); WHEREAS, Contractor is a(n) qualified janitorial service Contractor and has represented that Contractor possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. 4of62 ATTACHMENT A
October 5, 2021 Item # 35. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. and expense. 7. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it 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 the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 5 of62 2
October 5, 2021 Item # 3"Contractor" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: ~ 1. Contractor/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 6 of62 3
October 5, 2021 Item # 3years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits, Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 14. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. 7 of62 4
October 5, 2021 Item # 3(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. 8 of62 5
October 5, 2021 Item # 3Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 9 of62 6
October 5, 2021 Item # 3Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 10 of 62 7
October 5, 2021 Item # 3IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager Date: __________ _ ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 11 of 62 CONTRACTOR 8 By:------------Mark Olivas, President Date: ___________ _
October 5, 2021 Item # 3"SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Contractor agrees to perform consulting services as required by City, which shall consist of the janitorial services further described in the Scope of Services which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposal dated April 26, 2021 which is included in this document as Attachment 2. Total fee is not-to-exceed $214,469.28. Contractor's fee shall include and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing October 1, 2021, and ending September 30, 2022, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one-year periods upon approval in writing of the City Manager and Contractor. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. D. Contractor's Insurance. 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 12 of 62 9
October 5, 2021 Item # 3(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Contractor shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Contractor: 13 of 62 10 City of Poway P.O. Box 789 Poway, CA 9207 4 Allied Universal 10680 Treena Street San Diego, CA 92131
October 5, 2021 Item # 3ATTACHMENT 1 DocuSign Envelope ID: EE3C4S63-0288-4061-8DA2-23671AF545EA PSA21-144 7FAC AGREEMENT FOR CITYWIDE. FACILITY CUSTODIAL MAINTENANCE SERVICES UNIVERSAL BU(LDING MAINTENANCE, OBA ALLIED UNIVERSAL JANITORIAL SERVICES THIS AGREEMENT is made and entered into as of the 20th day of April , 2021 but effective July 1, 2021, by and between the City of Carlsbad, a municipal corporation, CCity11), and Universal Building Maintenance, LLC, a California limited liability company, d.b.a Al\ied Universal Janitorial Services, ("Contractor'). RECITALS A. City requires the professional services of a consultant that is experienced in custodial services. 8. Contractor has the necessary experience in providing professional servrces and advice related to custodial services. C. Contractor has submitted a proposal to City under RFP21-:-1378FAC 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'\ Exhibit "B" and Exhibit "C'', which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill . customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term oMhis Agreement will be effective for a period of two (2} years beginning July 1, 2021. The City Manager may amend the Agreement to extend it for two (2) additional two (2) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's pertormance, 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 six hundred eleven thousand one hundred thirteen doJlars and fifty-six cents ($611,113.56) per Agreement year. Compensation during the second Agreement term may be adjusted by amending the Agreement for an amount equal to the San Diego Consumer Price Index (CPI) but shall not to exceed 2% per Agreement year. If the City elects to extend the Agreement beyond the initial two-year term, the total fee payable for services during any subsequent Agreement year shaU not exceed the compensation established during the previous Agreement year plus a CPI increase not to exceed 2%. City Attorney Approved Version 6/12/18 14 of 62 11
October 5, 2021 Item # 3DocuSign Envelope ID· EE3C4863-0288-4061-8DA2-23671AF545EA PSA21-1447FAC Incremental payments, if applicable, shoufd be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractors own way as an independent contractor and in pursuit of Contractor's i dependent calling, and not as an employee of City. Contractor will be under control of City only as to he 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 selection, City may deduct the indemnification amount rom any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement app}icable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein to the extent caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers) compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives1 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 15 of 62 City Attorney Approved Version 6/12/18 2 12
October 5, 2021 Item # 3DocuSign Envelope ID: EE3C4863-0288-4061-8DA2-23671AF545EA PSA21-1447FAC carrier is required to have a current Best's Key Rating of not less than "A-:VI I"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City) .. $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be included as an additional insured to the extent of the Contractor's indemnific::ation obligations under Section 9 above and up to the required insurance coverage amount on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding ProfessionaI-uability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach or may purchase 16 of 62 City Attorney Approved Version 6/12/18 3 13
October 5, 2021 Item # 3DocuSi9n Envelope ID: EE3C4863-0288-4061-8DA2-23671AF545EA PSA21-1447FAC replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time,_complete and certified copies of any or arr required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Brian Bacardi Title Public Works Superintendent Department Public Works City of Carlsbad Address 405 Oak Ave. Carlsbad, CA 92008 Phone No. 760-434-2944 For Contractor Name Shawn DeYoung Title Project Manager Address 10680 Treena Street San Diego, CA 92131 Phone No. 619-275-7000 Email Shawn.DeYoung@aus.com 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 of 62 4 14 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign Envelope ID: EE3C4863-0288-4061-8DA2-23671AF545EA PSA21-1447FAC 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes D No fX1 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in arw manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering ninety (90) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable 18 of 62 City Attorney Approved Version 6/12/18 5 15
October 5, 2021 Item # 3DocuSign Envelope fD: EE3C4863-0288-4061-8DA2-23671 AF545EA PSA21-1447FAC under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill 19 of 62 6 16 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign nvelope ID: EE3C4863-0288-4061--8DA2-23671AF545EA PSA21-1447FAC 26. LIMITATION OF LIABILITY Anything to the contrary notwithstanding, under no circumstances will either party be liable to the other party for consequential, incidental! indirect or punitive damages, or for lost profits. 27. FORCE MAJEURE No failure or omission by either party in the performance of any obligation under this contract (except for payment obligations) will be deemed a breach of this contract by such party or create any liability on the part of such party for damages or otherwise, if the same shall arise from any cause or causes beyond the control of such party, including but not limited to the following: acts of God, war, riot, insurrection, rebellion, fire, earthquake, flood, storm, disease, epidemic, pandemic, quarantine or governmental orders, acts or restrictions. The afflicted party shall notify the other party of such force majeure circumstances as soon as reasonably practical and shall promptly undertake all commercially reasonable efforts necessary to cure such force majeure circumstances. Ill Ill Ill Ill Ill Ill Ill Ill 1/1 Ill Ill Ill Ill Ill !If Ill Ill Ill Ill 20 of 62 7 17 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3OocuSign Envelope ID: EE3C4863-0288,-4061-8DA2-23671AF545EA PSA21-1447FAC 28. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR Universal Building Maintenance, LLC, a California limited liability company, d.b.a Allied Universal Janitorial Services By: (sign here) Mark Olivas, President (print name/title) By: (sign here} (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Matt Hall, Mayor ATTEST: for Barbara Engleson, City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following lvv'o groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer{s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:_~----------Assistant City Attorney 21 of 62 City Attorney Approved Versfon 6/12118 8 18
October 5, 2021 Item # 3DocuSign Envelope ID: EE3C4863-0288--4061-8DA2-23671AF545EA Location Alga Norte'. community Cenfot·· · 6565Alicante Rd.•••.:-(snack bar and eqtJipment foams n6t. included · Corrimurtications Office 2§ss Eimwoocl;Ave Cafayer~(C~rtlrnuriity CE!hter .: . •-· -• 299.7 Glas ow of. Oove Library Fleet Mainte·nance 24.80 Impala Dr Break room, restrooms, offices. Hand wash: station H_arding 99rnmunity Center_ .. · . .. · -Auditoriurn:and Rec Han 3096 Hardin . Street: . 22 of 62 PSA21-1447FAC EXHIBIT "A" TERMS OF SERVICES AND FEES Buildin s Approx. Days of Service Service Minimum Sq. Ft. service window hours per da * 14,078 Su:.Sa (7) 7pm-5am . (;le~hing • (Se~.spedaI i_n !s,tructiq ns) 2pm-3pm M.aintena't,ce ' 5 1 1,843 . Mo-Fr-(5) 6pm-6am · Clieaning 1 19,471 Su-Sa (7) 9pm-7am ~lectnihg 25 033 ·.' _ ..... _$u(1) 2pm-3pm : Maintenance Spm-~_3m 12pm 2:30pm Weekend Sefvice Maintenance -•· Weekend ·_ Service 2:$(Jprl'1 · Maintenance 3.5. 0.$< 0.5. Mo-Fr (5) • qprrf ··. l\,1ainter1ance · Maintenance : · _.--:t m Weekend Service Maintenan¢e ... Maintenance:, Wefe~end· •. · _ .. .servi_cef/ .... Maint~naoce 1.5 4hdlit' :.·•···. 4 rn~h,tenance shift·· Weekend restdct_io,i Service Mo-Fr (5) ·· 8911F4prrY Cieaning Cleaning • • 3 Monthly Cost($) $3,714.45 $742.89 .$536.36 $69.16 $69.16.-$484.12 .· $69.16 • $345:.ao ·' $345.80 $71~[92'. $269:97·· $269:91 · · $!1~.92 $269.97 $3,599.99 $3,110.08 $759'.67 $~,216.98 City Attorney Approved Version 6/12/18 9 19
October 5, 2021 Item # 3DocuSlgn Envelope ID: EE3C4863-0288-4061-8OA2-23671AF545EA Harding· Comm unity Center ()tfice and Reception 3096 Harding Street Holiday Park ~Holiday House . 3235 Eureka F>la.c¢ Seasonal-Est5motyear Holidciy P~~k Kruger' HoLJ.se ' 3215 Eureka Place Holiday Park::· Scout Hous~: . :. . ·· . 3225 Eµrekci Place••· ·Leo Cafr11J<tRa.hch Haci~ncfri/Q1edi¢s.,House 6200 Flying LG: Ufoe Leo. CarrllloJt~rlch Patios atJJ~ci~nda . Courtyard:& srde yard. Caretakers·;_ front porch & rear:comtyard.·. . . . Leo'.'.Catrillo Rc1nch · Vfsit9f~·Q~nter, · 62QOFJyih~fLC Lane L~p C-a_rrilfo Ranch .: :· Sfabl~~; Carria1Je Hous$ ,6200 Flying LC Lane. -. ··Leo Cafrillo Ranch.: Car~(akers Hou·~e 62'db;Flying LC.Lane. Leef Carrillo Ran'Ch ... . R:estro9ms : . · -i ; ::. Caretakf!Jis Hou.se (2): Chicken Codp(6F / i Hacienda (2) C · Library .. l..e,rn.i11g·center 3368 Eu:rekaPl~foe -MageEfPad< M~g¢e.H'ouse 258:Beech Ave ·•Ma ee Park : ...... Qc .... ,., ... , , Herit_age_ Hall 26$0 Garfield Stre~t _ .> .. :·M~gee Park ··Graha~y .. . 2659 Garfield Street . Mon roe Pool .... 3401 Monroe.St··• 23 of 62 PSA21-1447FAC 2,66.9 Mo-Fr (5) . 6pm~6am Cleaning 1.5 Sa/Su (2) 6pm-6am Maintenance 1 ' 822 Mo-Fr (5) 6pm-6am cre..a.riing 1 1 ;226 Mo-Fr.(5) . 6prn.,6am Cleani11g 1 ' ,'' . -1;200 '' 1,66Q 683 ·(est) '1,442 Mo-Fr (5) 9pm-6am · Cleahing Fri(1) . 9,~rt,-.2pm ·, .... ' Su~Sa: 6am-9am (7) ••• -Cleaning. (se~ s·pe¢ial ihstru ctioris) :C.1.ean patios sweep and _mop Md-Fr : · .. 9am-4pm J:;_1eahing (5) .i i($E!e, special : insfrudions)· ' 1 2 ,1.5 6am-= Cleaning , f · 8:30am --··:(see special ' instructions) .. . fn O)-9am-4prr( '.¢leaning .-.. :1. . (see special . ·.•: : instructions) .. $LJ-$C::i 6am.,.9-arri Cleaning·. f) . ·, ,, ' ·• Mo-: · 9p111~6am Cfeaning · Sa(6) ... . _ .. fh, Mo (2): 8pm-6am Cleaning.· 1,· : ,::-Mo-Ff (5) 9pm-7am -Cleaning Sal,SU (2) 1am-8am Cleaning· 2.5 2.5·· 2 1.5 1.5 572 MO:-Fr(5) 9pm-7~m . Cleaning . 0.75 (see special -:: .• . · .. . instructions) · 2,665 . ~LJ-;$a (7) 9pm-6a.hi Cleaning···· 3 12pm-1pm Maintenance 0.75 $797.15 ··$212.57 . ·; $513.44 $522.21' $543.12 $280:87 $983.06 ... ·, $715.01 · $83T68 •$124.13 $1,718.88 $454:43. $386.70. "' I• .• $2,103.05 $525.76 City Attorney Approved Version 6/12/18 10 20
October 5, 2021 Item # 3DocuSign Envelope ID: EE3C4863-0288-4061-8DA2-2367'1 AF545EA M,unidpal Water District 5950 El Camino Real Parks Administration 1166 Carlsbad Village Drive Pine Community Center ~209 Harding St Railro~d Depot .. 400 Carlsbad Village Drive · Sefnior Center 799 Pine Ave Stagecoach Com'.nfunity Center .... · · · •... 3420 C~mino de los Goches 14,000 (est) 3,292 18,000 1,566 31,895 .. 18,268 ... Mo-Fr (5) Mo-Fr (5) .Mo-Fr (5) $a-Su (2) ... Su-Sa . :(7} Md:-Fr (5) ~a~su (2) ·su-Sa(7) Holidays 6pm-6am 6pm-6'am 6pm 9pm-.7ani 10:30am 1pm 3:30pm 6prn-,6am 6pm ... , 9p11t7atfr 10'.~0afn f .. ·.·· pm L3:30prn 9pm-7am ·· 2pm .... :., streets ahc:t F~cllities .:Adm~l'.I . ·:· /:: .) " 7,668' Mo.,Fr · :J3prif-6am (5) 405 C)akAve:, , .. · ., .. .... Extra work as needed Extra,{;IE3~nUp.-If restroonf(~qtJiJes full cleaning dy·nng rnair,teriahcecall.' Contracfor'to_advise ContractAdministrator of detaiti•and hours.on'theh~xi business day> '.: I;:O,erge.:ncy CaH Out~ mihirti.urh '2 hours 6n's.ft~. Must be >26ordinated with City representative. .. . . : . . . : Spe¢'ial E:vents., Location ,ind.scope ~s dir¢¢ted. Admin'isfrator to provig~ 2weeks' notice .. : .. Total Monthly Rate Total Annual Rate Cleaning Cleaning Maintenance Weekend servite Maintenan(:¢ • Maintenance Maintenance. Cleaning Maintenance Weekend service Maintenance Maintenance Maintenance · Cleaning• Maintenance Clean_jrig ' ·· Estimated hours per month · :10 -PSA21-1447FAC 3 2 0.75 3 0.75 0.75 0.75 2 0.75 3 0.75 0.75 0.75 3' 0.75.' 3 Cost per hour · $25.00 $1,778.29 $1,053.37 '$467.03 $1,868.10 $560.43 . $1;4Q0.80 ... .: ... $819.49 $1,311.18 $983.39 .. · .. .•. $2,961 :!>7 ·:$1,636.1 t: .. ' Monthly cost($) $500.Q0 $2so:oo· ss.00..00 $50,926.13 $611 , 113. 56 Cleaning service must take place during the specified shift before each day of operation. For example, service for Monday should take place on Sunday nighVMonday morning. * Minimum labor hours at each building is for the daily service only. Hours specified is the minimum required, but in order to meet specified standards more time may be needed. Maintenance and periodic service is not factored into these estimates. Maintenance service time is approximate, but service must occur 30 minutes either side of the specified time. 24 of 62 11 21 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign Envelope ID: EE3C4863-0288-4061-8DA2-23671AF545EA PSA21-1447FAC GENERAL SPECIFICATIONS 1. DEFINITIONS Whenever the following terms are used in this agreement, they shall have the following meaning: a. AGREEMENT ITEM -Individual items of work in the CONTRACTOR'S Proposed Cost of Service Chart at an agreed price for the work. b. CITY -The CITY of Carlsbad. c. CITY MANAGER ~ The fully appointed CITY MANAGER of the CITY or his authorized representative. d. CONTRACT ADMINISTRATOR -The Deputy City Manager of Public Works' designee for awarding and administering the CONTRACTOR'S work under this agreement. e. CONTRACTOR -The managing individual of the contracting entity or his authorized employees or representatives. f. PERIODIC INSPECTION -Routinely ·scheduled or randomly noticed inspection or audit conducted by CITY. g. PUBLIC WORKS MANAGER -The CITY official designated as the Public Works Manager, or any of their authorized representatives. 2. STANDARDS OF WORK AND CONTRACTOR RESPONSIBILITY 25 of 62 a. All city facilities shall be serviced in a professional, workmanlike manner using quality equipment and materials b. CONTRACTOR shall provide at its expense all labor, materials, equipment, tools, services and special skills necessary for the provision of custodial maintenance services, except as otherwise specified hereinafter. The premises shall be maintained to the standards specified in Exhibit B at no less than the frequencies set forth herein. c. CONTRACTOR is hereby required to render and provide custodial maintenance services including, but not limited to; dusting, wiping, polishing, mopping, buffing, vacuuming, sweeping, strip &. waxing and cleaning offices, removing trash and recycling, cleaning hallways, meeting rooms, building restrooms and all other maintenance required to maintain the areas included in this CONTRACT in accordance with specified schedules and standards. d. CONTRACTOR shall be available for On Call/ Emergency Call Back for any cleanings needs at any CITY owned facilities. Response time shall be no more than two (2) hours and paid at the rate listed in the CONTRACTOR'S Bid Proposal. e. CONTRACTOR shall report to the CONTRACT ADMINISTRATOR all observations of: graffiti and other vandafism; illegal activities; transients; missing or damaged equipment or signs; hazards or potential hazards, including burnt out light fixtures 12 22 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign Envelope ID EE3C4863-0288-4061-8DA2.-23671AF545EA PSA21-1447FAC within twenty-four (24) hours. Failure to report these issues will be treated as a complaint (see section 5c). f. The following is an excerpt from Senate Bill 20, Displaced Janitor Opportunity Act. Labor Code Section 1060-1065 "1061.(b) (1) A successor contractor or successor subcontractor shall retain, for a 60-day transition employment period, employees who have been employed by the terminated contractor or its subcontractors, if any, for the preceding four months or longer at the site or sites covered by the successor service contract unless the successor contractor or successor subcontractor has reasonable and substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the terminated contract..." g. By signing and/or authorizing this bid submittal, the CONTRACTOR acknowledges that they have read and understood the meaning, intent and requirements of said Act; and acknowledges said Act is included as part of this bid and the CONTRACTOR will be required to abide by the terms of said Act. Specifications showing general outline and details necessary for a comprehensive understanding of the work, form a part of the Contract Documents. All work under the Contract Documents shall be performed in all respects in strict compliance with the requirements of the specifications set forth. The specifications and all other provisions of the Contract Documents are essential parts of the CONTRACT and a requirement occurring in one is binding as though occurring in all. 3. FACILITIES TO BE MAINTAINED The facilities to be maintained under the provisions of this CONTRACT are as follows: 26 of 62 Buildings Location }~_lg~ Norte C9rhfll uo.Jty Center : 6565 Alica.rte:R9r;J:: . . . . •... : ,:,. . •· (shack bar ~n~t¢qqipment rooms, not included) ' .:.::; .... : ·comr,tju~l<:,a~l,ph;s Office 2955.Elrnwqdci Av~ . ., .. _ . Calavera Community Center 2.997 {jlasgow Dr. · · ··· 'Colelibrar·· , ..... , .......... Y .. 125.0 darl~bad Vill~ge or: .. , DC),"'i(Library :'177$ Dove Ln. 13 23 Est. Sq. Ft :19,471 · 2,5,033 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign Envelope ID: EE3C4863-0288-4061-8DA2-23671 AF545EA Faraday C'enter 1635 Faraday:Ave · ' .: :. .. Fleet Maintenance 2480 ln1p91abr Breiik rq()rJl, restrooms, offices: Hanct:w~sh station 27 of 62 ... . . . Harding COmJllunity Center Auditpriurr(and;Rec Hall 3096 Ha·rding ~treet . . ..... . .. H~,rpir1g ~qmmunity Center Office'~hd Re~eption 30$6 H~f~i.~f Street HoJi~~y P~rk ·• Hoiid~{Hduse --3235 Eureka Place ft·o.1 iday Park Krug~r Hquse 3.215. Eureka Place -. . . . . Holig~y Park Sp9ut)·iouse -:3225.Eureka Place t.;eo Carrillo Ranch Hacienda/Diedies House :p200 Flying LC Lane Leo Carrillo Ranch .. VisitorsCente-r ._ 6200 Ff in LC Lane . : ,,.. .. . Leo Carril~fR,arfah • •-Stabl~s, :carriag_e Ho~se _ 6200 f._lying:(Q li,ane,-. :. :.:.· .·· .. :.: ...... :·· .: .. ·. . . . . .... , ... ---.... Lett c,arr1Uo, Rao:ch G~r¢t~k~r$ House : 64pq F.fyj@_LG Lane Leo'carrilio Ranch :.'Restrqoms _ 6-200 Flying LC Lane Care.takers House (2) -Qhicken Coop (6) Hacien_da (2) Library L.earoing Center -3368 Eureka Pl 14 24 PSA21-1447FAC · 68,000 1,000 (est) 7,739 2,669 822 1,226 2,144 ~.286 .. · Buildings+ patios 1,200 4,474' : 1~660 + Patio and porch 683 {est) -16,193 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign Envelope ID: EE3C4863-0288-4061-8DA2-23671 AF545EA 28 of 62 PSA21-1447FAC Magee Park Magee House 2,416 258 Beech Ave Magee Park Heritage Hall 1,442 2650 Garfield Street .. Magee Park Granary 572 2659 Garfield Street Monroe Pool 2,665 3401 Monroe St MunicipalWater District 14,000 ( est) 5950 El Camino Real ',. Parks Administration 3,292 1166 Carlsbad Village Drive Pine Community Center 18,000 3209 Harding St Railroad Depot 400 Carlsbad Village Drive 1,566 cc .. ' cc· Senior Center 31,895 799 Pine Ave Stagecoach Community Center 18,268 3420 Camino de los Coches Streets and'Facilities Admin 7,668 405 Oak Ave: .. 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 agre€s to make no demands upon CITY for any improvements or alterations thereof. 15 25 City Attorney Approved Version 6/12118
October 5, 2021 Item # 3DocuSign Envelope ID: EE3C4863-0288-4061-8DA2-23671AF545EA PSA21-1447FAC 4. PAYMENT AND INVOICES 29 of 62 a. The CONTRACTOR shall present monthly invoices for all work performed during the preceding month. Said invoice shall include all required reports and line item invoicing for products used to service this Contract as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to be paid by the CITY for all services rendered by the CONTRACTOR under the terms and conditions of this Contract. Said payment shall be made within thirty (30) days upon receiving the invoices, providing that all work performed during the preceding month has been inspected and accepted by the CONTRACT ADMINISTRATOR, and that all applicable reports and attachments have been submitted in accordance with the provisions of this Contract. b. Monthly invoices shall be prepared with an itemized cost per location and the total deduction (if applicable). c. Invoices for approved On Call I Emergency Call Back and Extra Work shall be in a format acceptable to the CONTRACT ADMINISTRATOR, including attachments, such as copies of suppliers' invoices, which the CONTRACT ADMINISTRATOR may require to verify CONTRACTOR'S billing. Invoices for Extra Work shall be submitted on separate invoices. Unless otherwise requested by the CONTRACT ADMINISTRATOR, one invoice shall be submitted for each discrete and complete item of Extra Work. d. In the event the CITY transfers title or maintenance responsibility of a facility, or a portion thereof, this Contract shall continue in full force and effect The CONTRACT ADMINISTRATOR may delete facilities, or portions thereof, from the contract, the Contract sum shall be reduced accordingly. e. The CONTRACT ADMINISTRATOR may, at their discretion, add new facilities to be maintained and/or require additional services. The CONTRACTOR shall be compensated for the additional facilities or services that are designated after the date of the commencement of this Contract based on the submission of an approved maintenance bid, consistent in all respects with this Contract, and shall contain all information as required in the Request for Bids. The bid cost shall not exceed the cost to provide maintenance for similar facilities being maintained under this Contract. f. The CONTRACT ADMINISTRATOR may cancel or postpone itemized services at any location. Sixty daysl notice shall be provided prior to the cancellation of services, and thirty days' notice provided to the postponement of services. The itemized cost of the services not rendered shall be removed from subsequent invoices. g. This Agreement's annual compensation terms may be adjusted by a mutually agreeable amount and in consideration of the San Diego Consumer Price Index changes over the previous year. Requests for price changes must be made by the CONTRACTOR in writing sixty (60) days before the end of the then-current Agreement year and is subject to negotiation or rejection by the CITY. Compensation increases will not be authorized prior to the end of each contract period. 16 26 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign Envelope ID: EE3C4863-0288-4061-8DA2-23671AF545EA PSA21-1447FAC 5. ENFORCEMENT, DEDUCTIONS AND LIQUIDATED DAMAGES a. The CONTRACT ADMINISTRATOR shall be responsible for the enforcement of this Contract on behalf of CITY. b. The CONTRACT ADMINISTRATOR shall prepare and implement an Inspection Rating System to be used to verify monthly payments and deductions from payments (see sample rating system in Appendix A). This form and system may be modified at the discretion of the CONTRACT ADMINISTRATOR. The CONTRACTOR agrees to be evaluated by said system and bound by the ratings and/or deductions from payments indicated in the monthly Inspection Rating System report. Each location specific Inspection Rating System has a maximum point score of 100. To avoid deductions from payment, CONTRACTOR must receive a rating of 95 or higher per facility-A score of 94 will result in 6% deduction. Each additional point deduction after 94 will result in an additional 1 % deduction per point from payment. The monthly Inspection Rating System report shall constitute reason for any deductions so imposed. c. The CONTRACT ADMINISTRATOR shall maintain a record of complaints filed by CITY staff, members of the public or deficiencies directly observed by the CONTRACT ADMINISTRATOR. Each complaint will be forwarded to the CONTRACTOR, and a deduction of $25 will be added to the inspection deductions for each verifiable complaint. Complaints include, but are not limited, to: i. The work task in an area was not performed in strict accordance with the performance standards. ii. Work tasks were not performed in their entirety. iii. The specified equipment, tools and chemicals were not used or were not in good operating condition. iv. The tasks were not performed within the scheduled work shift or within the specified timeframe. v. Failure to respond to a call back within 2-hour time frame. d. In the event of non-performance of work by the CONTRACTOR, the CONTRACT ADMINISTRATOR shall have the right to exercise one of the following options: 30 of 62 If the CONTRACTOR'S staff fail to show up for service the CONT ACT ADMINISTRATOR may request that the service is completed within 2 hours of notification; or The Contract Administrator may allow the non-performance to remain uncorrected and make a deduction from the monthly payment, in direct ·proportion to the monthly service fee and frequency of monthly service. For any Failure to adequately comply in meeting the requirements of providing adequate and competent management or supervision, the Contractor shall be liable for a deduction of $250.00 for each and every deficiency deducted from the total charge for that month during which the deficiency occurred. Examples of such failure include but are not limited to: i. Failure to make adequate corrections to an inspection report. City Attorney Approved Version 6/12/18 17 27
October 5, 2021 Item # 3DocuS[gn Envelope ID: EE3C4863-0288-4061-8DA2-23671AF545EA PSA21-1447FAC ii. Repeating deficiencies highlighted in inspection reports. iii. Receiving repeated complaints about the same service. iv. Not maintaining equipment in a safe of sanitary manner. v. Not maintaining adequate supplies of cleaning products and consumables. vi. Failure to maintain and provide service records. The action above shall not be construed as a penalty but as adjustment of payment to CONTRACTOR to recover cost or loss due to the failure of the Contractor to complete or comply with the provisions of this Contract. e. Failure of the CONTRACT ADMINISTRATOR to discover or reject unacceptable work, or work not in accordance with the Agreement, shall not be deemed an acceptance thereof nor a waiver of the CITY's right to a proper execution of the Agreement or any part of it by the CONTRACTOR. 6. INSPECTIONS. MEETINGS. & REPORTS a. CITY reserves the right to perform inspections, including inspection of CONTRACTOR'S equipment, at any time for the purpose of verifying CONTRACTOR'S performance of Contract requirements and identifying deficiencies. b. The CONTRACTOR or their authorized representative shall meet with the CONTRACT ADMINISTRATOR or their representative on each site monthly for the initial year of the Contract then thereafter at the discretion and convenience of the CONTRACT ADMINISTRATOR c. At the request of the CONTRACTOR ADMINISTRATOR, the CONTRACTOR, or their appropriate representative, shall attend meetings and/or training sessions, as determined by the CONTRACT ADMINISTRATOR for purposes of orientation, information sharing, Contract revision, description ofCITY policies, procedures, standards, and the like. d. CONTRACTOR, or their appropriate representative, shall make sufficient daily inspections to ensure the work is performed as specified. The CONTRACTOR shall inspect all tools, equipment and chemicals to ensure they are clean, in good working order and meet the specifications of this Contract. If they do not meet the specifications the CONTRACTOR shall replace them with new or workable tools, equipment and chemicals. CONTRACTOR shall maintain written record of tools, equipment and chemicafs discrepancies, and upon request, provide written records to the CONTRACT ADMINISTRATOR. e. CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR such written documentation and/or regular reports as the CONTRACT ADMINISTRATOR deems necessary to verify and review CONTRACTOR'S performance. This information shall be pertinent and relative to the maintenance, operation, and safety of the sites and may include: 31 of 62 i. Monthly periodic service (to be provided on the 15th of the month prior to month of service) ii. Staff names and service location/s iii. Site cleaning inspections iv. Building and maintenance issues reported v. Safety training schedule and completion logs vi. Equipment list and locations City Attorney Approved Version 6/12/18 18 28
October 5, 2021 Item # 3DocuSign Envelope ID: EE3C4863-0288-4061-8DA2-23671AF545EA PSA21-1447FAC 7. CONTRACTOR'S DAMAGES All damages incurred to existing facilities by the CONTRACTOR'S operation shall be · repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of the CONTRACT ADMINISTRATOR, and all at the CONTRACTOR'S expense. 8. EXTRA WORK The CITY may award Extra Work to the CONTRACTOR at the discretion of the CONTRACT ADMINISTRATOR. New or unforeseen work will be classified as "Extra Work" when the CONTRACT ADMINISTRATOR determines that it is not covered by the existing contract. Extra work will be one of the following: a) Additional work during a shift that falls outside of the regular scope of work such as emergency clean up. This will be verbally approved by the CONTRACT ADMINISTRATOR. b) Additional service for special events. An estimated cost for the extra work must be approved by the CONTRACT ADMINISTRATOR in writing. Cost of extra work will be billed in accordance with the rate schedule for emergency work. Additional supplies and other associated costs will be billed at cost plus 15%. 9. SAFETY a. CONTRACTOR agrees to perform all work outlined in this CONTRACT in such a manner as to meet all accepted standards for safe practices during the performance of his duties and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all times so as to protect all persons, including CONTRACTOR'S employees, agents of the CITY, vendors, members of the public or others from foreseeable injury, or damage to their property. CONTRACTOR shall make at a minimum, annual inspections for any potential hazards at said sites and keep a log indicating date inspected and action taken. b. CONTRACTOR shall notify the CONTRACT ADMINISTRATOR immediately of any occurrence of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report thereof to the CONTRACT ADMINISTRATOR within three (3) calendar days following the occurrence. CONTRACTOR shall cooperate fully with the CITY in the investigation of any such occurrence. 10. HOURS AND DAYS OF SERVICES a. Janitorial service shalr only take place during the specified hours and days of service. b. CONTRACTOR shall provide staffing to perform the required maintenance services during the prescribed hours. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the CONTRACT ADMINISTRATOR. 32 of 62 19 29 ' City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign rw0Jope ID: EE3C4863-0288-4061-8DA2-23671 AF 545EA PSA21-144 7FAC c. Service is not required at the following locations on the following days. Alga Norte Aquatics Center New Year's Day CaJavera Community Center Thanksgiving Day and the day after Granary Chris mas Day Harding Heritage Hall Leo Carrillo Monroe Pool Aquatics Center Pine Community Center Senior Center Staqecoach Community Center Arts Office N~w Year's Day Cofe Library Martin Luther King Day Dove Library Presidents Day Faraday Memorial Day Fleet Maintenance July 4th Holiday House Labor Day Kruger House Columbus Day Library Learning Veterans day Magee House Thanksgiving Day and the day after . Water District Christmas Day Parks Admin Railroaq Depot . Safety Training Center Scout House Streets & Facilities When a holiday falls on a Saturday the observed closure will be the Friday before. When a holiday falls on a Sunday the observed closure will be the Monday after. SECURITY a. The CONTRACTOR shall be responsible for unlocking, locking and securing the buildings, including alarm systems, before and after performing services. The CONTRACTOR shall be responsible for disabling alarm systems before performing services, and responsible for re-arming alarm systems upon completion of work if no CITY employees are on-site. b. The CONTRACTOR shall not duplicate keys to buildings and park restrooms; additional keys, as needed, shall be provided by the CONTRACT ADMINISTRATOR. The CONTACTOR shall be required to perform an annual key audit with the CONTRACT ADMINISTRATOR or designee. c. CONTRACTOR employees shall not use CITY phones, computers, copiers, fax machines, custodial equipment or other such equipment. d. All lights are to be turned off when leaving unoccupied buildings 33 of 62 20 30 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign Envelope ID; EE3C4863-0288-4061-8DA2-23671AF 545EA PSA21-1447FAC 11. PERFORMANCE MANAGEMENT PLAN a. CONTRACTOR'S Performance Management Procedures must be detailed and samples of reports, logs tools, etc., of said performance management should be included in the Proposal. Shift reports, sign-off sheets or the like, documenting specific work performed during that period and detailing any required reporting and/or problems encountered shall be made available to the CONTRACT ADMINISTRATOR upon request. b. In addition to the above reports. the Performance Management Procedures Program shall be capable of generating monthly Inspection Summary Reports. The inspection summary report(s) shall provide a summary of all inspections for the locations serviced in the CITY and shall include the total number of inspections performed during any given month, the frequencies if discrepancies by type and associated correction timeframes, number and types of maintenance observations reported during said period and all other relevant summary data. c. CONTRACTOR S authorized Manager and designated Supervisory Staff shall meet quarterly wrth the CONTRACT ADMINISTRATOR and/or designee to review Contract Performance. CONTRACTOR'S equipmen and chemicals may be reviewed by the CONTRACT ADMINISTRATOR or designee upon request to assure compliance and proper function. The CONTRACTOR will be required to modify, change and improve equipment and supplies as indicated by these inspections. d. The CONTRACTOR shall conduct performance evaluations on the contracted staff and be available for review by the CONTRACT ADMINISTRATOR after the first 30 days, 60 days, 90 days and 120 days of the initial contract year. Further evaluations shall be requested at the discretion of the CONTRACT ADMINISTRATOR for the life on the Contract. e. Service Verification: i. The City of Carlsbad shall provide a GPS based Janitorial management system. This system will provide geofence based tracking of staff at each location serviced, and service verification. ii. The system will identify each staff member by name. iii. Staff will verify completion service in real time. iv. Staff will report maintenance issues in real time. v. CONTRACTOR will ensure staff have active smartphones. The application shall be installed in each phone and be active during times of service. vi. Failure to report completed service and/or keep the phone active during service, will be treated as a complaint as detailed in Section Sc. 12. CONTRACTOR'S DAMAGES All damages or losses incurred or breach of security to existing facilities by the CONTRACTOR'S operation due to errors, mistakes malfeasance or misfeasance or any other reason by the CONTRACTOR'S employees shall be repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of the CONTRACT ADMINISTRATOR, all at the CONTRACTOR'S expense. 34 of 62 City Attorney Approved Version 6/12/18 21 31
October 5, 2021 Item # 3OocuSign Envelope ID: EE3C4863-0288-4061-8DA2-23671AF545EA PSA21-1447FAC 13. COMMUNICATIONS AND EMERGENCY RESPONSE a. Report any emergency of a safety, security or health problem to the CITY Police Dispatcher (760-931-2197) immediately for reasons including, but not limited to, an un-lockable exterior door, broken ground floor window, plumbing stops or leaks, electrical power outage, cooling or heating malfunction, any security violations, vandalism or other similar problem that cannot wait to be repaired until the next work day. Contracted staff will also report these issues to the CONTRACT ADMINISTRATOR with in twenty-four (24) hours of detection or observation. Emergency problems reported to the Dispatcher and non-emergency items that require attention shall be expeditiously submitted in writing to the CONTRACT ADMINISTRATOR on the next workday. b. The CONTRACTOR and designated supeNisor shall carry either a cellular phone capable of receiving text messages and phone calls on them during their schedule shift so that CITY staff may reach them for required services. The CONTRACTOR shall provide the CONTRACT ADMINISTRATOR said phone numbers. All pager or cellular expenses shall be paid for by the CONTRACTOR and payment for such cost shall be in the bid pricing provide. No additional compensation will be paid. c. Whenever immediate action is required to prevent possible injury, death, or property damage, CITY may, after reasonable attempt to notify the CONTRACTOR, cause such action to be taken by alternate work forces and, as determined by the CONTRACT ADMINISTRATOR, charge the cost thereof to the CONTRACTOR, or deduct such cost from any amount due to the CONTRACTOR. d. All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the CONTRACT ADMINISTRATOR. If any complaint is not abated within 24 hours, the CONTRACT ADMINISTRATOR shall be notified immediately of the reason for not abating the complaint followed by a written report to the CONTRACT ADMINISTRATOR within five (5) working days. If the complaints are not abated within the time specified or to the satisfaction of the CONTRACT ADMINISTRATOR, the CONTRACT ADMINISTRATOR may correct the specific complaint and the total cost incurred by the CITY will be deducted and forfeit from payments owing to the CONTRACTOR from the CITY. e. The CONTRACTOR shall maintain a written log of all call back / complaint communications, the date and the time thereof and the action taken pursuant thereto or the reason for non-action. Said log of complaints shall be open to the inspection of the CONTRACT ADMINISTRATOR via a shared electronic drive. f. CONTRACTOR'S supervisor shall carry a cellular phone with local San Diego region area code. Supervisor shalr be expected to respond or coordinate responses to requests from the CITY within thirty minutes. 35 of 62 22 32 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign Envelope ID: EE3C4863-0288-4061-8DA2-23671 AF545EA PSA21-1447FAC 14. CONTRACTOR'S STAFF AND TRAINING 36 of 62 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 pub_lic in a professional manner. f. All CONTRACTED staff must pass a Livescan background check prior to being issued access or keys to CITY b1Jildings. 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 shaH 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 11on-site'' representative with authority to contractually bind CONTRACTOR in matters, which may arise during this Agreement pertormance 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" City Attorney Approved Version 6/12/18 23 33
October 5, 2021 Item # 3DocuSign Envelope [0: EE3C4863-0288-4061-8DA2-23671AF545EA 37 of 62 PSA21-1447FAC 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 work.er or group of workers who might service any site without other CONTRACTOR's supervisory personnel present. I. 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 24 34 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign Envelope ID: EE3C4863-0288-4061-8DA2-23671 AF545EA PSA21-1447FAC 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 ADMINSTRA TOR. t. All contracted staff will remain in the assigned building(s) during their work shift, with the exception of using the restroom or for designated breaks. At those times employees may be in designated restroom/break areas. 15. NON-INTERFERENCE -NOISE a. CONTRACTOR shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. b. In the event that the CONTRACTOR'S operations must be performed when persons of the public are present, CONTRACTOR shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area. c. CONTRACTOR shall be subject to local ordinances regarding noise levels with regard to equipment operations. CONTRACTOR shall not use any power equipment outdoors prior to 7:00 a.m. or later than 10:00 p.m. Further, any schedule of such operations may be modified by CONTRACT ADMINISTRATOR in order to ensure that the public is not unduly impacted by the noise created by such equipment. 16. RECYCLING PROGRAM & COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS a. CONTRACTOR shall be responsible for participating in the Solid Waste/ Recycling Program at the CITY as well as the use of green chemicals and products. The CONTRACTOR will be responsible for placing segregated waste materials into the proper receptacles. This includes all current and future waste streams and recycling waste streams. CONTRACTOR will handle segregated materials in a manner to ensure that recycling receptacles are not used for inappropriate materials. Recycted material place in dumpster must not be bagged. b. The CONTRACTOR shall be responsible for supporting any future recycling efforts or enhancements that the CITY implements during the life of the Contract. c. The CONTRACTOR shall practice energy conservation by keeping windows and exterior doors closed (do not prop open). Water from sinks is not allowed to run continuously. d. The CONTRACTOR shall comply with all Storm Water Best Management Practices (BMPs). CONTRACTOR will incorporate and comply with all applicable BMPs during the completion of this Agreement. All work must be in compliance with the San Diego Regional 38 of 62 25 35 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign Envelope ID: EE3C4863-0288-4061-8DA2-23671AF545EA PSA21-1447FAC Water Quality Control Board (RWQCB) permit, Carlsbad Municipal Code and the City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference including but not limited to capture and legal disposal of all cleaning compounds, liquids or other related materials. In the case of a release, spill or leak as a result of the CONTRACTOR'S activities, CONTRACTOR shall immediately control and remediate the contaminated media to applicable federal, state and local standards. The CONTRACTOR agrees that in such event it will immediately clean up all spills and the cleanup material shall be disposed of offsite at the CONTRACTOR'S sole expense. The CONTRACTOR agrees that it shall reimburse the CITY for any penalties and all costs and expenses, including without limitation attorney's fees, incurred by the CITY as a result of the release or disposal by the CONTRACTOR. 17. EQUIPMENT a. The CONTRACTOR shall furnish all equipment, accessories and tools necesssary to perform the work properly as defined in this Contract. Contracted staff shall insure prior to the beginning of each work shift that each janitorial closet and each janitorial cart is provided with the appropriate equipment, chemicals and supplies. The CONTRACTOR shall clearly label all equipment with their company name. An inventory will be conducted thirty (30) days after the start of the CONTRACT and may be conducted at the discreation of the CONTRACT ADM IN ISTRA TOR through the life of the Contract to verify that the CONTRACTOR has the sufficient tools and equipment to perform all services. b. All equipment required for the performance of work under this Contract shall be functioning, clean and well maintained. Equipment shall be designed to perform the kind of work prescribed in the specifications at the time services begin at the CITY, whether leased or purchased. Said equipment shall be used exclusively for the performance of work defined herein. Examples include but are not limited to vacuums, scrubbing machines, rotary machines, carpet extractors, restroom cleaning systems, brooms, brushes, mops, mop buckets, cleaning towels and dust wands. c. The Contractor shall provide, maintain, repair and/or replace monthly or as needed, all necessary custodial tools and equipment including but are not limited to brooms, brushes, mops, pails, vacuum cleaners, rotary buffers, dust cloths, dust wands, scrubbers, etc. Mop heads must be a quality brand name microfiber flat mop and shall be laundered every day and replaced per the manufactures recommendations. d. The CONTRACTOR shall submit with the Proposal and before the beginning the work to the CONTRACT ADMINISTRATOR a list of each type of equipment and tools to be used over $1,000.00 in cost, showing all the required capable items, the manufacturer's specifications and photocopies of each type of equipment and tool. e. The CONTRACTOR shall not use alternate equipment or tools without prior written permission from the CONTRACT ADMINISTRATOR. 39 of 62 26 36 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign Enve!ope ID: EE3C4863-0288-4061-8DA2-23671AF545EA PSA21-1447FAC f. If requested by the CONTRACT ADMINISTRATOR, the CONTRACTOR shall make the equipment and/ or tools available for performance evaluation by the CONTRACT ADMINISTRATOR. Any costs associated with the evaluation shall be the sole responsibility of the CONTRACTOR. g. The CONTRACTOR shall maintain on file a complete set of operating and maintenance instructions for all typest brands and models or powered equipment used in the performance of the work required herein. h. All equipment shall have adequate bumpers and guards to prevent marking or scratching of fixtures, furnishings and/or building surfaces. i. All electrical equipment used by the CONTRACTOR shall meet all applicable safety requirements. This shall include either the use of ground fault interrupters or a wiring inspection program to assure the integrity of ground pins, grounding continuity, strain relief and insulation quality of plugs and cords. This equipment must operate at full rated performance levels using existing building circuits. It shall be the responsibility of the CONTRACTOR to prevent the operation or the attempted operation of electrical equipment or combinations of equipment that requires power exceeding the capacity of the existing building circuits. 18.CHEMICALS, CLEANING PRODUCTS & MATERIALS 40 of 62 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 applicationT chemical formulations, and weather conditions shall be made and retained according to governing regulations. d. Safety Data Sheets (SOS) and sample labels shall be provided to the CONTRACT ADMINISTRATOR for all products and chemicals used within the CITY, and shall be. on site during any application, mixing or transporting of these products and chemicals. All chemical bottles shall have approved labels affixed. Hand written labels are not acceptable. e. No chemicals or cleaning agents shall be stored at any facility without the express written permission of the CONTRACT ADMINlSTRATOR. CONTRACTOR shall carry chemicals and cleaning agents to and from the job site daily. f. Materials used by CONTRACTOR in the performance of this Agreement, including but not limited to cleaning supplies and paper products, shall consist only of those specific types and brands list in the the Request for Proposals, of this contract or approved in writing by the CONTRACT ADMINISTRATOR. 27 37 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign Envelope ID: EE3C4863-0288-4061-8DA2-23671AF545EA PSA21-1447FAC g. The CONTRACTOR shall supply and maintain adequate supplies in all custodian closets listed under at all times: i. Toilet paper ii. Paper towels iii. Seat liners iv. Hand soap v. Shower soap/bodywash vi. Hand sanitizer vii. Wastebasket liners h. The CITY currently utilizes Waxie Sanitary Supply as our contracted Custodial Supply vendor. Waxie has agreed to provide the Custodial Services Contractor with the listed materials at the current CITY contract price, subject to annual adjustment limited to the Consumer Price Index increase for San Diego County. The Custodial Service Contractor is not mandated to utilize Waxie Sanitary Supply as the vendor for supplies, however any products proposed for use must meet all the specifications of the listed products and shall be "Equal" in quality. The CONTRACT ADMINISTRATOR shall be the sole judge of suitability of any submitted "Equal" product. The CITY may at any time, at its option, replace the current Custodial Supply Vendor and cannot guarantee that the costs of materials from alternate Custodial Supply vendors will not change. i. The CONTRACTOR may contact the CITY's custodial supply representative with any questions regarding Waxie products. 19. DRUG AND ALCOHOL FREE WORKPLACE a. The CITY is committed to maintaining a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. b. CONTRACTOR agrees that CONTRACTOR and CONTRACTOR'S employees, while performing services for the CITY, on CITY property, or while using CITY equipment will not be in possession of, use, or be under the influence of drugs or alcohol. c. CONTRACTOR has the duty to inform all employees or agents of CONTRACTOR that are performing service for CITY on CITY property or using CITY equipment of the CITY'S objective of a safe, healthful and productive workplace and the prohibition of drug or alcohol possession, use or impairment from same while performing such service for CITY. d. CITY has the right to terminate or declare this or any other agreement CONTRACTOR has with the CITY in DEFAULT if CONTRACTOR'S employees are determined by the CONTRACT ADMINISTRATOR to have breached any of the provisions noted above. 20. ASSIGNMENT OF CONTRACT 41 of 62 a. CONTRACTOR shall not assign this contract or any part thereof and or monies due there under without the prior written consent of the CONTRACT ADMINISTRATOR. 28 38 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign Envelope ID: EE3C4863-0288-4061-8DA2-23671AF545EA PSA21-1447FAC EXHIBIT"B" · SCOPE OF SERVICES When contracted work begins the CONTRACTOR shall clean all buildings service to APPA Cleaning Level 2 within 3 months of receiving the notice to proceed. When this has been completed the CONTRACTOR and CONTRACT ADMINISTRATOR will inspect the buildings to confirm and agree that this requirement has been met. Cleaning Scope of Services Cleaning Products and Consumables All cleaning products, soap, hand sanitizer, toilet paper and paper towels to be provided by CONTRACTOR (see product list in appendix}. The CONTRACTOR may use alternative equivalent products with written approval from the CONTRACT ADMINISTRATOR. Daily Activities A. Empty trash, recycling containers and paper shredders; re-line as needed with properly sized clear bags; wipe containers clean, as necessary. All trash and recycling to be disposed of in City provided dumpster. B. Hand dust and/or damp wipe, without streaking, all common area flat surfaces, including but not limited to, counters, receptionist counters/desks and common office furnishings such as file cabinets, desk chairs, tables and bookcases. C. Remove all finger marks, smudges, and other marks around light switches, doorknobs, entry doors, metal partitions, interior glass panels and corridor walls. D. Hand dust and/or damp wipe all ledges and flat surfaces below 72" from the floor. E. Wipe clean with disinfectant all chrome, aluminum, stainless steel and other metal trims, such as, but not limited to, push plates, push button, kick plates, door handles, counters and railings. All metal fixtures must be free of grime, rust, scale, oxidation, tape residue etc. Use stainless steel cleaner and metal polish as needed. F. Clean marker boards with appropriate cleaning solutions, as needed, when board contains no writing/drawings. G. Dust mop all hard surface / tile floor surfaces; sweep all stairways. Damp mop all hard surface/ tile, wood and linoleum floors, including stairs, spray buff all hard surface/ tile areas. H. Dust mop all wood floors. Floor mops must be rotated weekly to prevent slippery floors. Maintain separate dust mops for use only on gymnasium and activity room floors. I. Damp mop Harding Community Center auditorium floor to eliminate slippery conditions. J. Thoroughly vacuum high traffic areas of all carpets and rugs, including entrance rugs: spot clean carpets and rugs as needed. K. Clean restrooms and showers: use germicidal detergent to clean all toilets and urinals, inside and outside including seats; clean and polish all flush valves, faucets and exposed piping; 42 of 62 a. Clean all wash basins/sinks and wipe dry; b. Clean all mirrors, shelves under mirrors, and other shelves or brackets. 29 39 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign Envelope ID: EE3C4863-0288-4061-8DA2-23671AF545EA PSA21-1447FAC c. Wipe down walls as needed. d. Fill all paper and fiH or replace soap dispensers; wipe clean all dispensers and trash receptacles (no refill supplies shall be stocked in vicinity of dispenser). The CONTRACTOR shall not cut the top of soap refill and fill disposable containers that are designed to be thrown away once the product has exhausted. e. Check/refill shower body wash dispensers. f. Mop floors with disinfecting cleaner and rinse i. Damp mop resilient floor ii. Wet mop ceramic tile and concrete g. Clean with disinfecting cleaner: i. Restroom surfaces 1. Floors 2. Wall surfaces (tile, FRP etc.) 3. Partitions 4. Doors ii. Touch points 1 . Light switches 2. Dispensers 3. Valves 4. Faucets 5. Sinks 6. Grab bars iii. Shower floors and walls at all facilities. h. Waterless urinal maintenance -to be done strictly in accordance with attached instructions EXHIBIT "D" (which can be modified by CONTRACT ADMINISTRATOR}. L. Kitchens/Coffee stations. Clean counters with disinfecting cleaner: sinks, faucets, dispensers, fridge handles, tabletops and cabinet doors. Wipe down appliance surfaces as needed. Refill all dispensers as needed. M. Sanitize all door handles, grab bars, push plates, public computer stations (including keyboards), kitchen counters, fridge handles, coffee station counters. N. Notify CITY staff of any needed repairs. Twice Weekly A. Clean all commodes with approved bowl cleaner, cleaning shall be separated by 3 days. Weekly Activities Shall be performed on the first day of the week and in addition to all items required under Daily Activities: A. Vacuum all carpeted areas completely, including areas behind lobby and office furniture. B. Vacuum all upholstered furniture (including office chairs) and fabric partitions; spot clean as needed. C. Clean all inside glass partitions. D. Clean and polish all entrance doors and jambs, inside and out up to 8 feet from floor surface. Remove any spots or tape residue. 43 of 62 30 40 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3OocuSign Envelope ID: EE3C4863-0288-4061-8DA2-23671AF545EA PSA21-1447FAC E. Dust all baseboards, picture frames and other vertical surfaces of all office furniture; dust all molding, ledges, and windowsills, tops of partitions, trim ventilators, louvers and air · registers regardless of height above floor. Remove all spider webs from ceilings and corners. F. Hand dust and/or damp wipe without streaking all personal area flat sutiaces, including offices, cubicles, office furnishings such as file cabinets, desk chairs, tables, bookcases; hand dust and/or damp wipe without streaking all other types of office furnishings such as telephones, lamps, pictures, thermostats, fire extinguishers; personal desk tops shall be excluded unless the employee has cleared the desk top. G. Pour½ gallon water containing two ounces of drain treatment down all floor drains, mops sinks, showers and kitchen drains. Scrub and clean the custodian's deep sink. H. Sweep and mop janitorial closets. Restock all supplies. Closets and sink must remain clean and organized at all times. I. Hand scrub all hard surface / tile floors and stairs. J. Damp mop all wood floors, with Waxie Balance Floor Cleaner ( or approved equal). Gymnasium floor mops must be laundered/replaced weekly to prevent slippery floors. K. Replace urinal screens (flushing urinafs only). L. Restroom floor scrubbing with disinfecting cleaner -machine scrub with extraction. Use deck and crevice brushes to clean hard to reach areas, cove and base. Grout shall be clean and free from grime and build up. M. Check hand sanitizer stations and top up as needed. N. Restroom cleaning with touchless system (Waxie Versa or equivalent). a. Spray down walls; floors! fixtures, partitions, counters, toilets, urinals and sinks with disinfectant solution. Allow solution to sit for 1 O minutes. b. Pressure wash all surfaces (appropriate pressure must be used to eliminate the risk of damage to surfaces and caulking). Notify CONTRACT ADMINISTRATOR about cracks and holes in grout and surfaces that may cause water damage over time: i. Sinks ii. Faucets iii. Counters (do not pressure wash counters with wood or wood composite core such as Formica) Contact the CONTRACT ADMINISTRATOR if clarification is required. iv. Walls (if tile, epoxy paint over concrete or FRP) v. Partitions vi. Toilets vii. Urinals viii. Squeegee, vacuum and wipe wet surfaces down as needed c. Clean and polish all basin fixtures and exposed pipes underneath; 0. Waterless urinal maintenance -to be done strictly in accordance with attached instructions (which can be modified by the CONTRACT ADMINISTRATOR as needed). Replacement cartridges and domes will be provided to the CONTRACTOR as needed .. 44 of 62 31 41 City Attorney Approved Version 6/12/ 18
October 5, 2021 Item # 3DocuSign Envelope ID: EE3C4863-0288-4061-8DA2-23671AF545EA PSA21-1447FAC Monthly Activities Shall be performed in addition to all items required under Daily and Weekly Activities. The CONTRACTOR shall advise, via email, the CONTRACT ADMINISTRATOR of the periodic service schedule prior to the first of the month of service. A. Machine scrub all stone, concrete and tile floors, and hard surface stairs. All floor surfaces and grout must be free from build-up, gum and grime. Crevice and wall/base transition must be clean. B. Buff all hard surface and wood floors (Spotlight or approved equal). C. Dust all ceiling fans. D. Dust all partition tops, door tops, cabinets and light fixtures. E. Dust exposed pipes and overhead exposed mechanical equipment, such as HVAC supply arid return registers. CONTRACTOR must not dust or make contact with fire sprinkler heads. F. Clean and polish all kitchen appliances. G. Clean and polish all metal surfaces. H. Kitchen and coffee stations: a. Clear and clean all counters and surfaces. b. Clean exterior of all cabinets. c. Clean trash cans. d. Clean all appliances inside and out. I. Clean and disinfect all lockers. J. Refillable soap dispensers: a. Remove cartridge. b. Pour soap into spare clean cartridge. c. Rinse and flush old cartridge, and keep for next use. d. Clean inside of soap dispenser with disinfectant and detail brush. e. Replace newly refilled cartridge. K. Refillable hand sanitizer dispensers: a. Remove cartridge. b. Clean inside of dispenser and cartridge nozzle with disinfectant and detail brush. c. Replace cartridge. L. Sealed cartridge soap and hand sanitizer dispensers: a. Remove cartridge. b. Clean inside of dispenser with disinfectant and detail brush. c. Replace cartridge. M. Empty, clean and restock all refrigerators. Do not dispose of anything, but inform CONTRACT ADMINISTRATOR of items that should be disposed of. Quarterly Activities Shall be performed during the month of January, April, July and October and in addition to all items required under Daily, Weekly and Monthly Activities. The CONTRACTOR shall advise, via email, the CONTRACT ADMINISTRATOR of the periodic service schedule prior to the first of the month of service. A. Clean al.I windows and glass panels (interior only). 45 of 62 32 42 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSfgn Envelope ID: EE3C4863-0288-4061-8OA2-23671AF545EA PSA21-1447FAC B. Clean all window blinds such that there is no dust or build up present. C. Clean walls and ceilings (including partitions). D. Removal all cobwebs. E. Vacuum and damp wipe HVAC vents. F. Walls and paneling -clean, scrub and polish tile, wood, FRP etc. G. Strip, re-seal Harding Center's Auditorium floor. H. Clean carpets (extraction method) at a. Calavera and Stagecoach -entrance, main corridor. b. Faraday -Public area at planning counters, conference rooms 173 A and B, adjoining corridors, rear entrances,. 2 stairwells and upper landing, main entrance staircase. Semi-Annual Activities Shall be performed during the month of January and July and in addition to all items required under Daily, Weekly, The CONTRACTOR shall advise, via email, the CONTRACT ADMINISTRATOR of the periodic service schedule prior to the first of the month of service. A. Vacuum, spot clean, and shampoo all carpet are~s using a soil extraction method approved by the CONTRACT ADMINISTRATOR. Proper shampooing shall result in a carpet free from all types of airborne soil, dry dirt, water-soluble soils, and petroleum soluble soils. A clean carpet shall be uniform in appearance when dry and vacuumed. B. Resilient flooring -strip old coating1 re-seal all sealed resilient flooring. Upon completion of this task, floor shall be free of all scuff marks, dirt, dust, soil,. spots, stains, yellowing, deposits and film (dirt, oil, grease, etc.). Stripped finish must be completely removed from flooring, baseboard and floor transition strips. C. Vacuum all heating and air return vents. D. Clean all baseboards. Maintenance Maintenance service is for public restrooms and locker rooms only. Contractor staff may use City cleaning supplies and equipment for this service. A. Check all sinks, stalls and urinals. B. Restock paper products as needed such that paper will not run out until next service. C. Check/replenish soap dispensers. D. Mop/clean anything in need of immediate attention. E. Wipe down mirrors. F. Disinfect counters, sinks, toilets, urinals, faucets, valves1 grab bars, dispensers, partition touch points and door handles. G. If service requires additional time beyond quoted estimate, the CONTRACTOR must inform the CONTRACT ADMINISTRATOR no rater than the next working day, providing details and additional time. Additional cost will be itemized on next invoice. If restroom needs to be shut down for cleaning please coordinate with city staff operating the building. Weekend Service Weekend service is specific to the buildings serviced. See special instructions below. 46 of 62 33 43 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign Envelope ID: EE3C4863-0288-4061-8DA2-23671AF545EA PSA21-1447FAC Special Instructions Alf cleaning service to take place before the building opens (meaning Saturday service must be perfonn during the se,vice window before the Saturday opening, etc.). Shower/Locker Rooms -Oak, Parks Administration, Water District, Calavera, Stagecoach A. Perform all items listed in Scope of Services. B. Weekly -Clean locker rooms including floors, walls, stalls, urinals, sinks and showers with touchless cleaning system (Waxie Versa or equivalent). No grime, gum, build up, scale, soap scum or mold will be present on floors and walls, counters, fixtures, seats or partitions. C. Weekly -Clean lockers outside using disinfecting cleaner. D. Semi-annually-deep clean floors, tile and frp walls, and shower pan/walls with steam cleaning system or approved equivalent. Shower/Locker Rooms -Alga Norte and Monroe A. Perform all items listed in Scope of Services. B. Weekly-Clean locker rooms and Alga Norte south building restrooms including floors, walls, stalls, urinals, sinks and showers with touchless cleaning system (Waxie Versa or equivalent) using disinfecting cleaner. No grime, gum, build up, scale, soap scum or mold will be present on tile floors and walls, counters, fixtures, seats or partitions. C. Weekly-Clean lockers inside and out using disinfecting cleaner. Quarterly -public restrooms and locker rooms. Deep clean tile floors, tile and frp walls, and shower pan/walls with steam cleaning system or approved equivalent. All grout and tile to be free of grime, build up, soap scum etc. Concrete surfaces to cleaned with rotary scrubbing machines. Cole Library (weekend service) A. Clean all restrooms (using daily service procedure above) a. Daily i. 2 public. ii. 2 staff. iii. Wipe touchpoints with disinfecting cleaner. iv. Empty trash (public area and offices). b. Once per weekend i. Vacuum all carpet (once per weekend). ii. Mop all hard floors (once per weekend). Dove Library-Mon-Fri -4-hour evening shift 47 of 62 A. Hourly maintenance checks on public restrooms. B. Empty public trash cans. C. Disinfect public area touch points D. Empty trash in offices 34 44 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign Enveiope ID: EE3C4863,0288-4061-8DA2-23671AF545EA PSA21-1447FAC Dove Library (weekend service) A. Clean all restrooms (using daily service procedure above) a. Daily i. 2 public downstairs. ii. 2 public upstairs. iii. 2 auditoriums. iv. 2 Individual in children's area. v. 3 staff downstairs. vi. 2 staff upstairs. vii. Empty trash (public area and offices) .. b. Once per weekend i. Vacuum all carpet (library, auditorium, offices). ii. Mop all hard floors (excluding Gallery) Leo Carrillo This is a collection of historic buildings. The CONTRCTOR shall use extreme care to avoid damaging surfaces with excess water or harsh chemicals. Hoses may not be used on, near or around the building: A. Hacienda/Diedie's House -exceptions from cleaning scope. i. Use vacuum with no moving brush. Suction head must have soft bristle. Do not sweep due to dust. ii. Floors do not need scrubbing. Just vacuum, sweep and mop (use mild neutral cleaner -Waxie 243 or approved equivalent). iii. Avoid wet mop contact with furniture. Solution contacting furniture will cause permanent damage. iv. Kitchen and Restrooms do not need scrubbing or pressure washing. v. Restroom sinks -damp wipe with neutral cleaner, do not put solution down the drains vi. Sweep/mop center courtyard and side patio daily. vii. Vacuum, dust and wipe down surfaces in "lean to" porch next to Hacienda kitchen -weekly B. Visitors Center -use alternative scope, as follows: i. Vacuum -daily. Do not sweep due to dust. ii. Mop floors -daily. iii. Machine scrub hard floors, extract excess water with wet vac -weekly. iv. Dust and remove cobwebs -weekly. v. Clean reception desk if cleared -weekly. vi. Wipe down handles, rails, surfaces with disinfectant -weekly. vii. Service restroom in accordance with regular daily/weekly schedule. viii. Do not dust/clean merchandise shelves, cabinets. C. Stables/Carriage House 48 of 62 i. Sweep and mop floors (use mild neutral cleaner -Waxie 243 or approved equivalent) ii. Dust and remove cobwebs 35 45 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign Envelope ID EE3C4863-O288-4061-8DA2.-23671AF545EA PSA21-1447FAC D. Caretakers House-exceptions from cleaning scope: i. Use brushless vacuum. Do not sweep due to dust. ii. Floors do not need scrubbing. Just vacuum, sweep and mop. (use mild neutral cleaner -Waxie 243 or approved equivalent) iii. No service in archives room. iv. Sweep/mop front porch and back patio daily. E. Restrooms (pool and chicken coop)-exceptions from cleaning scope: i. Hand scrub and mop instead of pressure wash. ii. Clean/polish outside sink at chicken coop. Top up soap and towel dispensers. Remove grime and scale as needed. F. Building Exterior -all buildings (Monthly) i. Remove cobwebs/leaves/debris on all building windows, trims, fixtures and eves with dry duster brush. G. Windows -all buildings (Quarterly) i. Clean all windows inside only with mild window cleaning solution and microfiber towel. Do not use hoses. Granary Daily A. Sweep floors B. Wipe down tables and surfaces C. Empty trash Weekly A. Dust and remove all cobwebs Monthly A. Clean all windows, inside and outside. Faraday (weekend) A. Vacuum all carpet B. Empty all trash and clean trash cans. Install new can liners. C. Clean aJI touchpoints with disinfecting cleaner. D. Wipe/dust all horizonal surfaces, window trims, counters, fixtures, cabinets pictures etc. Senior Center and Pine Community Center (weekends) City staff service this building during the week. A. Clean all restrooms (using daily service procedure above) a. 4 public-Senior Center b. 4 public -Pine c. 3 staff-Senior Center 2 upstairs, 1 downstairs B. Vacuum all carpet (once per weekend) C. Mop all resilient, tile, terrazzo, vinyl tile (once per weekend) D. Dry mop wood floors Railroad Depot A. Vacuum/sweep wood floors (mopping not required) 8. Do not use pressure cleaning system in inside restroom. 49 of 62 36 46 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign Envelope ID: EE3C4863-0288-4061-8DA2-23671AF545EA EXHIBIT"C" CITY OF CARLSBAD CUSTODIAL SERVICES EXPECTATIONS, STANDARDS, DESCRIPTION OF TASKS PSA21-1447FAC 1. EXPECTATION OF SERVICE The CITY of Carlsbad has set minimum standards for the cleanliness of the facilities, this CONTRACT refers to Association of Physical Plant Administrators (APPA) standards (Appa.org) The City of Carlsbad requires buildings to be maintained at APPA Level 2 standards. If a building is observed to be Level 2 or lower the CONTRACT ADMINISTRATOR will advise the CONTRACTOR to bring the building to an acceptable standard within 24 hours. The CONTRACTOR may request additional time, which will be considered and approved on a case by case basis. Level 2-0rdinary Tidiness indicators • • • • Floors and base molding shine and/or are bright and clean. There is no buildup in corners or along walls, but there can be up to two days worth of dust, dirt, stains, or streaks. All vertical and horizontal surfaces are clean, but marks, dust, smudges, and fingerprints are noticible upon close observations. Lights all work and fixtures are clean. Washroom and shower fixtures and tile gleam and are odor-free. Supplies are adequate. Trash containers and pencil sharpeners hold only daily waste and are clean and odor free. 2. DESCRIPTION OF TASKS Vacuum Carpet Neatly Arrange Furniture Empty Trash & Recycle Bins Replace Liners, Restock Paper Products SO of 62 All carpet areas of lobbies, hallway corridors, and entrances are to be thoroughly vacuumed. Portable objects (chair, wastebaskets, etc.) are to be moved to provide for vacuuming (not to include roll mats or objects over 50 lbs.). All furniture and wastebaskets are to be placed back in their appropriate places. All interior trash receptacles and recycle bins shall be emptied completely in the appropriate receptacles, the trash can is cleaned inside and out as needed, and an appropriately sized liner installed. Co-mingled recycle bins to maintain separation from trash and be emptied in recycle bins provided. All paper products shall be restocked as so that they are 50% full at all times. 37 47 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign Envelope ID: EE.3C4863-0288-4061-8DA2-23671AF545EA Sweep Floors Damp Mop Hard Floors (tile, concrete, rubber and resilient) Dust Mop Floors Clean Glass and mirrors Surfaces Clean and polish appliances and metal surfaces. Wipe/Clean Drinking Fountains Wipe Counters and Appliances 51 of 62 PSA21-1447FAC All resilient tile floors (rubber, vinyl, terrazzo) shall be swept with a broom or dry mopped so as to leave the floor in a dirt/dust/debris free state. Dry mops should be sprayed with a dust mop treatment prior to use. Use microfiber flat mop system. All hard floor surfaces shall be damp mopped with a germicidal detergent solution to remove any and all spills. Scuffmarks or stains are not expected to be removed with damp mopping. Trash receptacles, chairs, etc. shall be moved when necessary to mop underneath and shall be moved back to their proper area in a timely manner. After mopping, the floor shall have a uniform appearance with no streaks, swirl marks, detergent residue or any evidence of soil. There shall be no splash marks or mop streaks on furniture, walls, baseboards remaining in the area. There shall be no residual surface water or puddling. Care must be made to prevent build up in corners and at floor wall transitions. Use a clean dust mop of the largest suitable size for the area. At the end of each pass, turn the dust mop without lifting it from the floor, overlapping the previous pass by one or two inches. Continue this pattern until the entire area is free of visible soil. To remove the soil which has been collected, but does not adhere to the mop, carefully lift the mop head off the floor and lean the mop against the trash collection cart or the janitorial cart. Be careful not to let the mop head or handle touch building or furniture surfaces. Pick up the soil with a counter brush and dustpan. Dump the soil into the trash collection bag. Exterior doors and partition glass and door/window frames are to be clean and streak free. Interior glass, mirrors, frames and glass surfaces within the office spaces shall be cleaned and left streak-free with no building up, grime, dust, cobwebs, rust etc. All benches, tables, counter-tops, reception desks, doors, partitions, mirrors, dispensers, toilets, urinals, window ledges, picture frames, cabinets, door frames etc. are to be free of dust, grime or any other build up. All surfaces to be free of dust, debris, grime, scale and rust. Surfaces must be clean and streak free. Daily cleaning with disinfectant and then rinse with water. Stainless steel fountains are to be cleaned with a stainless cleaner, inside and out, as well as fixtures. Porcelain fountains are to be cleaned with a mild abrasive. Fountains are to be free of water spots, stains, grime, fingerprints and smudges. All drain boards, counters, tables and appliances (refrigerator, stove, dishwasher exterior) are to be cleaned so as to remove finger marks, grime, smudges and left in a dust/dirt free condition. 38 48 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign Envelope ID: EE3C4863-0288-4061-8DA2-23671AF545EA Disinfecting surfaces Spot Clean Carpet Trash cans Spray Buff or Burnish Hard Surface Floors Re-wax/Buff Hard Surface Strip, Seal, Buff Resilient Surface Floors High Oust: Vents, Lights, Etc. Restock Paper, Soap and hand sanitizer Clean Fixtures Machine Scrub Floors 52 of 62 PSA21-1447FAC All surfaces in restrooms, locker rooms, showers, food serving areas, drinking fountains and touch points must be cleaned with a disinfecting surface cleaner, and applied in accordance with the product instructions. All carpet is to be kept in a stain-free condition. All trash containers be cleaned inside and out so as to remove stains, smudges and dried refuse. Resilient floor surfaces shall be spray buffed or burnished so as to produce a shiny finish. All resilient floor surfaces shall be top cleaned with an effective detergent cleaner. Floors neutralized and new wax applied. Floor should be buffed/burnished. All resilient floor surfaces are to be stripped with an aggressive pad so as to remove all finish and sealer. All dirt, dust, grit and hair must be completely removed before new finish is applied. The floor shall be free of scuffs and scratches. The floors then shall be re-sealed with three coats of finish. Finish must be pre-approved as to type by the Contracts Administrator. The floor then shall be burnished to provide a high gloss. High Dust: Vents, Lights, High dusting shall be anything over 6' from the floor. HVAC vents, ceiling fans, light fixtures, tops of doors and doorframes included. Paper towels seat covers and tissue dispensers are to be checked and filled whenever the product remaining is 30% or less. In restrooms of high usage, new rolls of tissue will be installed and the 30% or partial roll shall be placed on the dispenser. Soap and hand sanitizer are to .be checked and filled or cartridge replaced when less than 1 /4 of the product remains. All sinks, faucets and valves shall be cleaned and free of rust deposits, scale, stains, soap scum, grime, etc. Toilets and urinals shall be cleaned and sanitized so as to remove any deposits, scale, stains or odors. Attention must be paid to areas underneath and behind fixtures. Tile and concrete floors are to be machine scrubbed with appropriate brush or pad such that tile surface and grout at complete free of buildup and grime. There shall be no residual surface water or puddling. 39 49 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3DocuSign Envelope ID: EE3C◄863-O288--4061-8DA2-23671AF545EA PSA21-1447FAC EXHIBIT "D" Waterless Urinal Care and Maintenance for Smarty Bee cartridges Daily 1. Remove the blue dome. 2. Check for any debris blocking the drain 3. Slowly flush cartridge with 16 oz cold water. 4. Reset blue dome (replace if blue color is not visible) 5. Clean urinal inside, outside and underneath with disinfecting cleaner and wipe with paper towels 6. Pour 1 oz CSL solution 7. Replace the dome when it is no longer blue Weekly (Friday) 1. Remove blue cartridge dome. 2. Make sure the drain holes are not blocked. 3. Test cartridge -Pour 16oz water into urinal and time how long it takes for the water to disappear. a. If the cartridge empties in 8-10 seconds, it is clear, go to step 4. b. If the water takes longer than 15 seconds go to step 10. 4. Reset blue dome (replace if blue color is not visible) 5. If you see blue "jelly" under the under the dome it has been submerged in water and must be replaced. 6. Clean urinal inside, outside and underneath with 764 disinfecting cleaner and wipe with paper towel. If the cartridge is slow or blocked a. Remove the cartridge inspect inside the urinal. b. Flush with 1 gallon of water. If the drain backs up cover the urinal and call maintenance. c. If the drain is clear, tap the cartridge. If scale falls out keep tapping until it stops. d. Flush the scale, clean inside of the urinal and reset the cartridge. Make sure both gaskets are on. e. Re-test the cartridge. f. Remove and replace if it is still slow. If Urinal is Blocked Beyond the Cartridge 1. Call your supervisor or lead custodian. If they are unavailable call the Public Works front desk. (760 434 2943) and they will pass the message to the appropriate person. Things you will need 1. Cartridge removal tool 2. Disinfecting cleaner 3. CSL Solution 4. 1-quart measuring jug 5. Caution tape, blue tape 6. Cartridges/Domes (min stock) 53 of 62 40 50 City Attorney Approved Version 6/12/18
October 5, 2021 Item # 3ATTACHMENT 2 PRICING ~:.:.~•ED UNIVERSAL® ...JANITORIAL SERVICES 10680 Treena St Suite 450 San Diego, CA 92131 R BUILDING INFORMATION V 0 The bitterness of poor quality remains long after the sweetness of low price is forgotten. ~ Benjamin Franklin 54 of 62 51
October 5, 2021 Item # 3CLEANING SPECIFICATIONS A. HOURS OF OPERATION: 1. Hours of Operation for the Mickey Cafagna Community Center (MCCC) are: o Monday -Thursday: 8:00 a.m. -9:30 p.m. o Friday -Sunday: 8:00 a.m. -12:30 a.m. next day 2. Clean up must take place AFTER the facility is closed which would be after 9:30 p.m. Monday through Thursday and after 12:30 a.m. on Friday, Saturday and Sunday. The MCCC shall be cleaned before staff arrives at 8 a.m. the next day. B. GENERAL SERVICES: All work is to be completed each time the facility is scheduled to be cleaned. 1. The contents of each wastepaper basket (small black cans) shall be emptied in a mobile trash container of a type approved by the Director of Public Works. The mobile container shall be brought into each room and each wastebasket shall be dumped directly into it, not transported across the room to it. 2. Large trash containers shall be removed and transported in a manner as to not have their contents leak on the floor and shall be disposed of in a designated trash dumpster. Each wastebasket/trash can, shall be damp wiped clean, lined with a suitable sized plastic bag of sufficient durability and thickness to prevent liquids from leaking through the bag, and replaced in its original position. Collected trash shall be disposed of in designated trash dumpsters. 3. Commingled recycled bins, located at individual workstations and near large shredder machines, shall not be. Contents only (not liner) shall be dumped into a separate mobile trash container (NOT TO BE MIXED WITH TRASH). Whenever a liner is determined to be dirty, it shall be replaced, with the old liner being put in the TRASH container. ALL RECYCLED MATERIALS ARE TO BE PLACED IN THE DESIGNATED RECYCLING CONTAINER LOCATED OUTSIDE EACH FACILITY. 4. The City shall provide trash and recycling containers and shall be responsible for the maintenance and regular emptying under a separate franchise. The janitorial Contractor shall be responsible for ensuring that any spillage shall be cleaned up immediately. 5. Building occupants are notified by the Director of Public Works that anything placed in the wastebasket or recycling bins are considered disposable and will be removed as such. It shall not be the responsibility of the Contractor to retrieve any items mistakenly placed in these receptacles. 6. All drinking fountains shall be thoroughly washed with a germicidal solution, removing all lime deposits, rust, and debris (No scouring powder or abrasive shall be used). 7. All lobbies shall be swept clean of dust, dirt, and debris and wet mopped with an approved neutral cleaner (if tile or vinyl) or vacuumed. 8. Handrails, rail bases, and fixtures, shall be dusted and all walls, doors, jambs, door frames, and kick plates, windowsills, ledges and light switches, shall be spot cleaned to remove smudges and stains, taking care to use an appropriate cleaner on all wall surfaces so as not to remove or discolor paint, and cause holes in wall coverings. All foreign matter shall be removed. 9. Clean and polish all hardware, metal fixtures, bright work, hand plates, doorknobs, walls, door facings, light switches, receptacle covers. 10. Wipe clean all countertops. 11. Damp clean conference tables. 12. All surfaces and objects in the building(s) shall be cleaned by dusting and/or vacuuming. This includes tabletops, wooden chairs, counters, wood shelving including all exposed 55 of 62 52
October 5, 2021 Item # 3book shelving, vertical surfaces (knee wells, chair rungs, table legs, etc.), all rails, cabinets. 13. All cobwebs shall be removed. 14. All carpeting shall be cleaned using the manufacturer's recommendation or by extraction if no manufacturer's recommendation has been provided, following a schedule approved by the Director of Public Works as to not interfere with daily or evening activities. Carpet traffic lanes and soiled areas shall be pre-treated to loosen soil build-up to assist in the overall cleaning to bring carpets back to a clean, uniform appearance. The pre-treatment used shall not leave a sticky residue or attract new soil. 15. Clean and disinfect all desk telephones. 16. Doors and windows shall be secured and alarmed. Any doors or windows not found secured shall be reported to the Contractor SpecialisUlnspector by 8:00 a.m. the following workday, noting location. Report plumbing leaks or clogs, and/or any other unusual problems found in or outside the buildings. 17. Turn off all lights and set all alarms prior to exiting each facility. C. RESTROOMS AND LOCKER ROOMS: 1. Wash and disinfect all basins, urinals, lavatories (toilets), counter tops, faucets, showers, partitions, soap dispensers, and bowls nightly, with approved cleaning/disinfectanUgermicidal solution, removing scale, lime deposits, and stains, from all fixtures -cleaning underside of rims of urinals and toilets; toilet bowls, sides, toilet seats, toilet bottoms, and piping. All areas shall be wiped dry and spotless. An approved scouring powder may be used on porcelain fixtures to remove stubborn stains and shall not be used on chromium and stainless-steel fixtures. 2. Wipe clean all restroom fixtures. 3. Chromium and stainless-steel fixtures, faucets, sinks, towel and/or soap dispensers, and shower stems shall be polished and dried with a wiping cloth leaving the fixtures free of stains and streaks. 4. Spot clean (including the removal of all foreign substances, such as gum or tar), dust or sweep, and wet mop with disinfectanUgermicidal, all partitions, tile walls, ledges and baseboards to eliminate stains, odor, encrustation, alkaline deposits, and soap spills. 5. Sweep and mop all restroom flooring. 6. Traps, drains, and fixtures shall be wiped clean and maintained free from foreign substances, hair and odors, at all times. 7. Clean and polish all restroom mirrors free of streaks and smudges. 8. Empty, wipe clean, sanitize, and reline all trash containers and sanitary containers. 9. Restock all toilet tissue, soaps, towels, toilet bowl seat covers, and sanitary napkin dispensers. D. KITCHENS/BREAK ROOMS: 1. Kitchen areas (break rooms) having resilient or vinyl tile floors, inclusive of eating/dining areas, shall be swept and damp mopped with a disinfectant, including under counters, tables, moveable appliances, and work areas. All areas are to be free of smudges, stains, and streaks. 2. Floors shall be cleaned according to manufacturer's recommendations. 3. Wipe down all accessible horizontal surfaces, including but not limited to, tables and countertops. 4. Stock paper towel and soap dispensers. 56 of 62 53
October 5, 2021 Item # 3E. FLOOR AND FLOOR COVERINGS: 1 . Non-carpeted and non-wood floors are to be cleaned in their entirety each evening the building is scheduled for cleaning: All resilient tile flooring, ceramic, quarry, and stone tiles, are to be cleaned of dirt and foreign materials. Sweep or dust mop all flooring, wet mop only those floors approved according to manufacturer's specifications (disinfectants/germicides are to be used only with prior City approval) to ensure all dirt, stains, black heel marks, and foreign matter (e.g., gum, tar, mud) are removed from the floor. Spot clean prior to general cleaning as necessary to keep carpets free of stains, spots, or marks of any kind that can be removed through spot cleaning. Floors shall be free of streaks and mop strand marks. Walls, baseboards, and other surfaces shall be free of all residues and marks from equipment use. 2. All carpeted floors shall be vacuum cleaned in their entirety each evening the building is scheduled for cleaning. The Contractor shall use such equipment as is necessary to vacuum clean carpet that is in corners and underneath low furniture and equipment. Carpets are to be spot cleaned as necessary to keep carpets free of stains, spots, or marks of any kind that can be removed through spot cleaning. 3. Spots, such as dried liquid, and any foreign matter, such as tar, chewing gum, paper clips, staples, pencil sharpening's, paper pieces or clippings, etc., shall be removed from all flooring. 4. Any furniture necessary to be moved during the process of cleaning floors/carpeting shall be the responsibility of the Contractor and shall be replaced in its original position. F. WINDOWS, GLASS SURFACES, AND MIRRORS: 1. Clean entry/lobby doors and adjoining entry glass panels, glass in cabinets, tabletops, directory boards, partitions, and glass doors within common areas, corridors and lobbies shall be cleaned free of smudges, stains, and streaks. Glass partitions shall be spot cleaned. 2. Vacuum windowsills for dead moths/spiderwebs on a bi-monthly basis. G. DEEP CLEANING: 1. WEEKLY a. Detail and edge vacuum carpeted areas (Weekly). b. Ashtrays, located at designated smoking sites outside the facilities, shall be sifted and topped with new sand as needed. If ashtray sand is found dirty or filled with debris, the Contractor shall empty and wipe clean the ashtray before refilling with sand (Weekly). c. Run water down floor drains to prevent sewer gases (Weekly each Friday). d. Dust all accessible and exposed surfaces on desks, credenzas, overhead storage bins, cabinets, and windowsills unless otherwise directed without disturbing computers, papers, files, etc. (Weekly, each Monday). e. Sinks, outsides of microwaves, stoves (including grills and burners), and refrigerators shall be washed clean with a sponge using a germicidal solution. An approved cleaner for stainless steel sinks, stoves, and refrigerators shall be used to remove all stains and smudges. Metal surfaces and counters shall be wiped dry. 2. QUARTERLY a. Overhead light diffuser panels shall be removed, cleaned, and replaced (Monthly). 57 of 62 54
October 5, 2021 Item # 3b. All heating, ventilation, and air conditioning grills shall be removed, brushed, washed clean, dried, and replaced. All vents will be kept clean and free of dust. Clean walls and ceiling areas adjacent to ventilating, air conditioning outlets (Monthly). c. Clean inside of refrigerator units (removing and replacing staple goods) -Last Friday of each month (Monthly). d. All exposed beams and pipes shall be dusted and washed clean, with special care being given not to interfere with safety monitoring equipment (Monthly). H. CUSTODIAL RESPONSE TO SPILLS, ACCIDENTS: 1. Basic Mop Clean Up: a. The Contractor shall provide basic janitorial services to clean up minor spills and/or accidents within 24 hours of notification. b. All spills and accidents requiring basic mop clean up shall be done using a disinfectant/germicide to eliminate health concerns. c. All areas shall be posted to denote work in progress and hazardous conditions. 2. Deep Cleaning: a. The Contractor shall provide emergency services within 24 hours of notification. b. All spills and/or accidents involving extreme flooding shall be pumped free of excess fluids (Should any hazardous materials be involved, the Director of Public Works is to be contacted immediately prior to commencement of work.) c. All areas (restrooms, kitchens, floors) involved shall be deep cleaned according to the specific General Cleaning Deep Cleaning Standards as noted above. d. All areas shall be posted to denote work in progress and hazardous conditions. I. BINGO SETUP: 1. Tuesday Bingo is 9 a.m. to 4 p.m.: a. Bingo can be set up on Monday night when janitorial staff normally arrive. b. Bingo must be cleaned up between 4:00 p.m. -4:45 p.m., for the facility can be utilized for programming starting at 5:00 p.m. 2. Sunday Bingo is 9 a.m. to 5 p.m.: a. Bingo can be set up Saturday night when janitorial staff normally arrive. b. Bingo must be cleaned up between 5:00pm -6:00pm so we can use the facility starting at 6:00pm. 3. Bingo setup shall be in accordance with the attached setup diagram. 58 of 62 55
October 5, 2021 Item # 3..... x LU 1
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October 5, 2021 Item # 3EXHIBIT "B" Cal Gov Code § 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6,2018 Ballot Measures. Deering's California Codes Annotated > GOVERNMENT CODE > Title 1 General > Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a) This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. (d) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 60 of 62 (1) Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior 57
October 5, 2021 Item # 3to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2) A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f) A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 61 of 62 (1) The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A) Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (8) For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C) For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. 58
October 5, 2021 Item # 3(3) The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. (4) The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g) A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h) This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code. (i) This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 62 of 62 59