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HomeMy WebLinkAbout10 - Restroom Cleaning ServiceCITT OF NEWPORTBEACH City Council Staff Report AgendaltemNo. 1 July 12, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Municipal Operations Department Mark Harmon, Municipal Operations Department Director 949 644 -3055, mharmon @newportbeachca.gov PREPARED BY: Maurice Turner, Administrative Manager APPROVED: TITLE: Public Restroom Janitorial Services At City Parks And Beaches Agreement ABSTRACT: Currently, the public restrooms at 26 facilities are cleaned year -round by City staff Monday through Friday and by a contractor Saturday and Sunday. The goal of the Agreement is to consolidate the restroom janitorial services so that a single contractor will perform the service seven days a week. RECOMMENDATION: Approve the Agreement between ABM Janitorial Services and the City of Newport Beach for public restroom janitorial services at City parks and beaches. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this service. It will be expensed to the Janitorial Services account in the Municipal Operations Department, 3140 -8081. DISCUSSION: On May 23, staff issued a request for proposals for restroom cleaning services and received seven responses by the June 1 due date. A review panel consisting of Municipal Operations staff evaluated each proposal based on price, qualifications, and references. ABM Janitorial Services was determined to be the lowest priced, responsive proposer. The Orange County branch of ABM is responsible for the janitorial and restroom cleaning services of 18,000,000 square feet of facilities for 261 customers. I Public Restroom Janitorial Services At City Parks And Beaches Agreement July 12, 2011 Page 2 The Contractor will be required to furnish all labor, equipment, and supervision to visually inspect, clean, and restock restrooms on a daily basis. The high -use locations of Balboa Island Fire Station, Balboa Island Ferry Landing, Balboa Pier, Corona del Mar Main Beach, Newport Pier, and Washington Street will be serviced twice -daily from Memorial Day through Labor Day to meet the needs of the large summer crowds. The contract is for a five year term and is eligible for a maximum annual CPI adjustment of 3.0% after the first year of service. Received ABM Janitorial Services $181,256 A -1 Building Maintenance $196,510 Brisance Janitorial Services $209,925 Ed Building Maintenance $229,632 Come Land Maintenance $242,931 Uniserve Facilities Services $464,123 Able Building Maintenance $594,048 As a result of this contract, three City staff positions will be eliminated and three restroom cleaning contracts will be terminated. Three Facilities Maintenance Worker II positions are being eliminated in the FY 2011 -12 Budget. Advanced Building Maintenance, who currently performs restroom cleaning services at the recreation areas and Bonita Canyon Sports Park, Ed Building Maintenance, who performs restroom cleaning at Coastal Peak Park and the Balboa Yacht Basin, and Brisance Janitorial Services, who performs the weekend restroom cleaning service, will be notified that their respective contracts will be terminated within 30 days. Consolidating the services currently provided by three contractors and City staff into a sole contract will create a more manageable restroom cleaning program by increasing accountability and reducing administrative overhead. This will lead to better service at a lower cost with an annual savings of about $143,000. Existing Contracts + City Staff New Contract ■ Ed Building Maintenance $9,000 ■ Advanced Building Maintenance $10,000 ■ Brisance Janitorial $65,000 e City Staff $240,000 TOTAL $324.000 ■ ABM Janitorial $181,256 2 Public Restroom Janitorial Services At City Parks And Beaches Agreement July 12, 2011 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Gihmifforl hvv Municipal Operations Department Director Attachments: A. Contract B. Request for Proposal 3 SERVICE AGREEMENT FOR PUBLIC RESTROOM JANITORIAL SERVICES AT CITY PARIS AND BEACHES WITH ABM JANITORIAL SERVICES THIS SERVICE AGREEMENT FOR CITYWIDE PUBLIC RESTROOM CLEANING SERVICES ( "Agreement') is made and entered into as of this 12�h day of July, 2011 ( "Commencement Date'), by and between the CITY OF NEWPORT BEACH, • California municipal corporation and charter city ( "City "), and ABM Janitorial Services, • California corporation ( "Contractor "), whose principal place of business is 5200 S Eastern Ave #100, Los Angeles, CA and is made with reference to the following: IVxyrL1I &I A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City requires regularly scheduled janitorial services at twenty -six (26) city -owned public restroom facilities and desires to engage Contractor to provide such services as further described herein ( "Project'). C. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: ill�11:11:Vil The term of this Agreement shall commence on August 1, 2011, and shall terminate on June 30, 2016, unless terminated earlier as set forth herein. 2. SCOPE OF WORK 2.1 Contractor shall perform all the work described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference ( "Services" or "Work ") at the locations described in the Locations Map and table attached hereto as Exhibit B and incorporated herein by this reference ( "Project Locations "). As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as the prevailing industry standard by one or more firms performing similar work under similar circumstances. 0 2.2 Contractor shall perform everything required to be performed, and shall provide and, furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project, unless otherwise described in the Scope of Work. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. The failure by Contractor to strictly adhere to the schedule may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than 3 calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances. 4. COMPENSATION 4.1 City shall pay Contractor for the Services on a time and expense not -to exceed basis, in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit C and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without the prior written approval of the City, except for the annual adjustment to the rates in proportion to changes in the Consumer Price Index ( "CPI ") as more particularly described in Section 4.2 below. Contractor's total annual compensation for Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed One hundred eighty -one thousand, two hundred fifty -six Dollars and 001100 ($181,256.00) per Agreement year ( "Annual Compensation "), without written amendment to the Agreement, subject to the allowable CPI adjustment. 4.2 Consumer Price Index. Upon the first anniversary of the Commencement Date and upon each anniversary of the Commencement Date thereafter, the rates to be paid by the City as set forth in Exhibit B shall be adjusted in proportion to changes in the Consumer Price Index, subject to the three percent (3.0 %) maximum adjustment increase set forth below. Such adjustment shall be made by multiplying the original rate by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made and the denominator of which is the value of the Consumer Price Index for the same calendar month one (1) year prior. For example, if the adjustment is to occur effective July 1, 2011, the index to be used for the numerator is Page 2 5 the index for the month of April 2011 and the index to be used for the denominator is April 2010. The "Consumer Price Index" to be used in such calculation is the Consumer Price Index, All Urban Consumers (All Items) for the Los Angeles Anaheim Riverside Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics (1982 84 = 100). If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this agreement be reduced below the rate in effect immediately preceding such adjustment. The maximum increase to the rate, for any year where an adjustment is made in proportion to changes in the Consumer Price Index, shall not exceed 3.0% of the Rate in effect immediately preceding such adjustment. 4.3 Invoices. Contractor shall submit monthly invoices for the Work performed the preceding month to the City's Project Administrator (as defined in Section 5 below). City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 5. ADMINISTRATION This Agreement will be administered by the Municipal Operations Department. The Operations Support Superintendent, or his /her designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 6. PROJECT MANAGER 6.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Marcos Loya to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel or assign any new or replacement personnel to the Project without the prior written notice to City. 6.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6.3 Contractor warrants that all persons employed have satisfactory past records indicating their ability to accept the kind of responsibility anticipated for this Work. Upon receipt of the notice of award from the City, the Contractor shall supply a list of the personnel who will perform the work, within fifteen (15) days. 6.4 Contractor shall provide the contact information of the supervisor on -duty while contract services are being performed. Page 3 6 7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 71 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be utilized unless approved in advance, in writing, by the Project Administrator. 7.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with highest professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 7.3 Contractor shall provide an employee manual or its equivalent to the Project Administrator for review. Contractor shall wear uniforms and operate vehicles that are clean in appearance and prominently display the Contractor's name and contact information. 8. RESPONSIBILITY FOR DAMAGES OR INJURY 8.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 8.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, reasonable attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim;" collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). - Page 4 7 8.3.1 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 8.4 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work. 8.5 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 8.6 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. INSURANCE 11.1 Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and Page 5 8 amounts described below and in a form satisfactory to City. The cost of such insurance shall be included in Contractor's bid. 11.2 Coverage and Limit Requirements. 11.2.1 . Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) of each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. 11.2.2 General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate, and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. 11.2.3 Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 11.3 Other Insurance Provisions or Requirements. 11.3.1 Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for Workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this Agreement. All of the executed documents referenced in this Agreement must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Page 6 9 11.3.2 General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: 11.3.2.1 City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. 11.322 Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects to City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or Services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 11.3.2.3 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 11.4 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 11.5 Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for thirty (30) days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. 11.6 Self- Insured Retentions. Contractor agrees not to self- insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the Contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. Page 7 10 11.7 Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Agreement. 11.8 Waiver, All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 11.9 Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 11.10 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 11.11 City's Remedies. City shall have the right to order the Contractor to stop Work under this Agreement and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this Section. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. 11.12 Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other Agreement relating to the City or its operations limits the application of such insurance coverage. 11.13 Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Services under this or any other contract or agreement with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of the coverages. Page 8 9 y 12. RECORDS /REPORTS 12.1 All Contractor's books and other business records, or such part as may be used in the performance of this Agreement, shall be subject to inspection and audit by any authorized City representative during regular business hours. 12.2 No report, information, or other data given to or prepared or assembled by Contractor pursuant to this Agreement may be made available to any individual or organization without prior approval by City. 12.3 Contractor shall, at such time and in such form as City may require, provide reports concerning the status or cost of Services required by this Agreement. 12.4 Required Reports. 12.4.1 Activity Report. The Contractor is required to keep a daily log of all restrooms serviced, the name of the staff member(s) who performed the Service, and the approximate time that the Service was performed. Each month, a report shall be prepared from the daily log, giving a brief description of all routine, special events, and emergency Services performed. The Contractor shall submit the report prepared from the daily log when submitting the monthly invoice to the Project Administrator. The Contractor shall meet monthly with the Project Administrator to review the Activity Report. 12.4.2 Communications Report. The Contractor is required to keep a daily log of all communications from the City, including, but not limited to the Municipal Operations Department and the Police Department; and a daily log of all communications from members of the public to the Contractor, whether or not those communications required a request for service, and a description of the action taken from the communication. The Contractor shall submit the daily log when submitting the monthly invoice to the Project Administrator. 12.5 Contractor shall keep records and invoices in connection with its Work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records. Contractor shall maintain and allow inspection of all Work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. WITHHOLDINGS City may withhold payment to Contractor of any reasonably disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld Page 9 12 sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 14. INCREASE OR DECREASE IN SCOPE OF WORK City reserves the right to withdraw certain locations, tasks and /or reduce the frequency of Services from the Scope of Work to be performed by Contractor pursuant to this Agreement. City shall notify Contractor in writing of its intent to do so at least thirty (30) days prior to the effective date of withdrawal of any Work. In the event a location, task or a reduction in the frequency of Services is made from the Scope of Work, compensation to Contractor shall be reduced in accordance with the Contractor's unit costs specified in Exhibit C. In the event the location is withdrawn for a period of less than a full year, Contractor's compensation shall be reduced on a prorated basis. 15. CONFLICTS OF INTEREST 15.1 The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 15.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 16. NOTICES 16.1 All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Municipal Operations Department Operations Support Superintendent City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 16.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Marcos Loya ABM Janitorial Services, Inc. Page 10 13 165 West Technology Drive, Suite 100 Irvine, CA 92618 Phone: 949 - 585 -5900 Fax: 949 - 585 -5994 17. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Agreement, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Govt. Code §§ 900 et seq.). iE:�I:I Vlt(I1'.G1tl lei '. 18.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 18.2 Notwithstanding the above provisions, either party shall have the right, at its sole discretion and without cause or penalty to the other, of terminating this Agreement at any time by giving thirty (30) calendar days prior written notice to Contractor or sixty (60) calendar days prior written notice to City. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Agreement and all keys to facilities and storage areas. 19. PERFORMANCE BOND 19.1 Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the Fifty Thousand Dollars ($50,000), in the form provided by the City Clerk, which secures the faithful performance of this Agreement. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in full force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. Page 11 14 19.2 The performance bond required by this Agreement shall be satisfactory only if issued by a company qualified to do business in California, rated "A -" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City. 20. STANDARD PROVISIONS 20.1 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 20.2 Waiver. A waiver by either party of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 20.3 Integrated Agreement. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal Agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits attached hereto, the terms of this Agreement shall govern. 20.5 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.6 Effect of Contractor's Execution. Execution of this Agreement by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the Work is to be performed, and has taken into consideration these factors in submitting its Project Proposal and Scope of Work. 20.7 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 20.8 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 20.9 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or Page 12 15 against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 20.10 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 20.11 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 20.12 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES NEXT PAGE] Page 13 16 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: Bv: Leonie Mulvihill Assistant City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Michael F Mayor Henn CONTRACTOR: ABM Janitorial Services, a California corporation Date: By: James M. Altieri Regional Vice President Date: By: Carey M. Doss Vice President, Operations [END OF SIGNATURES] Attachments: Exhibit A - Scope of Work Exhibit B - Location Map and Table of Locations Exhibit C - Schedule of Billing Rates Exhibit D - Performance Bond A11 -00493 Restroom Cleaning Services Agreement 2011.ksa redline Page 14 17 EXHIBIT A SCOPE OF WORK Project Description Furnish all labor, equipment, and supervision to perform general janitorial services for the City's public restrooms at the specified parks and beaches facilities. This does not include maintenance or repair as a result of misuse, mischief, and /or acts of nature. Contractor shall provide a Cleaning Plan that includes a schedule detailing the methodology for visually inspecting, cleaning, and restocking restrooms on a daily basis year -round Monday through Friday. Facilities designated as high -use will require an additional same -day cleaning service. Janitorial services shall include, but are not limited to, the following: 1. Removing trash in restroom and outside planters. 2. Sweeping adjacent outside ramps and walkways. 3. Sweeping, cleaning, and mopping all floors with an antibacterial disinfectant cleaner. — Clean mop water will be used for each separate facility. — Liquid floor drain maintainers will be used weekly. 4. Cleaning floor drain tops and troughs of all debris. 5. Cleaning, sanitizing, and towel -drying drinking fountains and removing encrustations. 6. Cleaning and sanitizing all toilets, urinals, and sinks. — Stainless -steel sinks will be polished so that all visible stains are removed. — Sprayable bacteria digester will be used in area surrounding urinals and men's toilets. — Liquid uratic salt remover will be used in urinals weekly. — Urinal deodorizer screens will be replaced monthly. — Toilets and urinals will be unclogged as needed. 7. Dusting, cleaning, and drying restroom fixtures. 8. Sweeping and cleaning shower areas. — Showers will be shoveled and swept of sand, and hosed down as needed. 9. Cleaning and refilling all dispensers for soap, toilet paper, paper towels and seat covers on each visit. 10. Cleaning partitions and walls. Exhibit A-1 Is 11. Utilizing sprayable long- lasting liquid fragranced air freshener. 12. Removing small graffiti incidents with a graffiti removal product. — Larger graffiti incidents shall be reported to an Operations Support Supervisor or Crew Chief immediately. 13. Powerwashing ceiling, walls, floors, drainage troughs (biannual detail only) 14. Hand scrubbing all surfaces of fixtures (biannual detail only) Certain materials (soap, toilet paper, paper towels, seat covers, bacteria digester, uratic salt remover, deodorizer screens, and fragranced air freshener) shall be exclusively provided by the City. Upon verbal or written request from the Project Administrator, the City may desire to purchase materials from the Contractor and may require that those materials be stored at the Contractor's facility at no additional fee to the City. All cleaning supplies, materials and tools used in the performance of this agreement shall be of good commercial quality, and must be approved by the Project Administrator prior to use. If any products used by the Contractor contain materials on the Cal OSHA List of Hazardous Substances, the Contractor shall provide a material data safety sheet (MSDS) (OSHA form 20) to the Project Administrator. The following products meet the minimum standards established for performance of this work. Project Administrator may approve the use of an equivalent alternative product. 1. All- Purpose Cleaner: Fast Act 2. Toilet/Urinal Cleaner /Disinfectant: Comet Cleanser 3. Drinking Fountain Cleaner /Disinfectant: Comet Cleanser 4. Stainless Steel Cleaner: Any Lemon Oil Restroom conditions considered to be potentially hazardous to the public (Including broken windows, vandalism, and /or facility damage), as identified by the Contractor during the normal inspection and cleaning process, shall be reported to City staff immediately. The City shall issue keys and /or codes as necessary for access to facilities and storage areas. Contractor shall assume full responsibility for theft or loss of said keys and codes and shall pay for re- keying and /or re- programming all locks operated by these keys and /or in such event. Keys shall not be duplicated. Contractor shall lock storage doors and close all entrance gates (or other such security restraints) when leaving the facility. Any unauthorized usage of City supply items by the Contractor will be grounds for immediate termination of the contract. Contractor shall be fully responsible for any and all damage done to City property, equipment, or other property of the public premises that result from the Contractor performing contract services. Exhibit A -2 19 Staffing and Vehicles All contract services shall be performed by competent and experienced employees who shall be neat in appearance and in uniforms as approved by the Project Administrator when performing contract services. All Contractor personnel shall wear identification badges or patches. Contractor shall ensure that there is at least one (1) English - speaking employee working in any cleaning crews. Contractor shall perform a background check on all personnel and submit those results to the Project Administrator for approval at least fifteen (15) days prior to the commencement of that employee performing contract services. Contractor is required to maintain an office within a thirty (30) minutes response time of the job site and provide the office with phone service during normal working hours. The Contractor shall provide an organization chart or listing of staff detailing the personnel assigned to perform or supervise contract services. All vehicles and equipment used in conjunction with the work shall be clean in appearance and in good working order. When performing contract services these vehicles shall, at all times, bear identification signs, provided by the Project Administrator, that the contractor is performing services for the City. Working Hours Normal working hours shall be Monday - Friday between the hours of 5:00 AM and 2:00 PM during the Summer Schedule (Memorial Day - Labor Day) and between the hours of 7:00 AM and 4:00 PM during the Non - Summer Schedule (Labor Day - Memorial Day). Facilities designated as high -use will require an additional same -day cleaning service during the Summer Schedule. The additional cleaning shall not occur less than three (3) hours after the first cleaning. The Contractor will be required to perform on a full schedule on the following holidays: Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Friday following Thanksgiving, Christmas Eve, and New Year's Eve. The Contractor will be required to perform on a modified schedule on New Year's Day, Thanksgiving, and Christmas Day holidays. The Contractor will be required to perform a biannual detail cleaning once during March and once during October. Exhibit A -3 20 Exhibit A -4 21 d V N O E H U N N d N C U N W C N N a a d N N N O O O LL d N C E N O d Location 01 ° 3 ° o 5 ) L m z o 16th Street 1 1 0 2 14 1 8 0 14 2. 0 0 AN i 19th Street 1 1 0 2 3 1 2 1 3 2 2 1 All 1 38tk Street Park 1. 1 0 2 '3: 1 2 0 3, 0 0 1 All 1 58th Street 1 1 0 2 6 1 4 0 6 0 0 1 All 1 Arroyo Park 1 1 0 2 3 2 4 0 3 0 2 i All 1 Balboa Island Fire Station 0 0 2 2 2 0 2 0 4 0 2 0 All 2 Balboa Island Ferry Landing 0 0 2 2 1 2 0 2' 2 2 0 2 0. AN 2 Balboa Pier 2 2 0 4 12 2 4 0 12 3 4 4 All 2 Balboa Yacht Basin 1 1 0 2 9 1 8- 8, 9 4 4 0 AN 1 Bob Henry Park 1 1 0 2 8 2 4 0 8 0 0 1 All 1 Bonita Canyon Sports�Park. 3 1 0 6 18' 6 12 0 18 0 12 6 All 1 Buck Gully (Little Corona) 1 1 0 2 5 1 3 2 5 2 2 2 All 1 CYC'Tennis Courts (GranrHowald Park). 1 1 0' 2 8 1 4 10. '8 0 0 0 AN 1 Channel Park 1 1 0 2 6 2 4 0 6 0 0 1 All 1 CoastatPeak,Park 1 1'. '0 2 G r2 4 0. 6 0 0 2r .Ali 1 Exhibit A -4 21 Corona del Mar Main Beach East 2 2 0 4 8 2 6 0 8 1 2 1 All 2 Corona dal Mar Main Beach West 2 1 2 0 4 8: 1 fi a �8 1 2 1 All 2 Eastbluff Park 1 1 0 2 6 2 4 0 6 0 0 1 All 1 Irvine'Terrace Park, 1 0 2 3 1 3 2 3 0 2 1 All 1 Mariners Park 1 1 0 2 6 2 4 0 6 0 4 2 All 1 Newport:Pler 2 2 0 4 18 4 8. 0 18 3 8, 2 All 2. Orange Street 1 1 0 2 6 1 4 0 6 1 0 1 All 1 Port Carney 1 1 0 2 .3 1 2 0 3 0 Jl 1 All 9 Port Westbourne 1 1 0 2 3 1 2 0 3 0 0 1 All 1 San Miguel Park 1 1'. J 2 3 1 2' 0 3 0 0' 1 'All 1 Washington Street 1 1 0 2 7 2 4 0 7 0 4 0 All 2 Exhibit A -5 22 EXHIBIT B LOCATIONS ff Ell MEIN ------------- Exhibit B-1 23 Locations (Total: 26) 15th Street 1501 West Oceanfront 19th Street 226 21st St 38th Street Park 3600 Balboa Blvd 58th Street 5800 Seashore Or Arroyo Park 1411 Bayswater Dr Balboa Island Ferry Landing 124 Marine Balboa Island Fire Station Agate @ South Bay Front Balboa Pier 801 East Oceanfront Balboa Yacht Basin 829 Harbor Island Dr Bob Henry Park 900 Dover Dr Bonita Canyon Sports Park 1900 Ford Rd Buck Gully (Little Corona) 214 Glen Dr CYC Tennis Courts (Grant Howald Park) 3000 5th Ave Channel Park 4402 Channel PI Coastal Peak Park 20403 East Coastal Peak Corona del Mar Main Beach East 3001 Ocean Blvd Corona del Mar Main Beach West 2401 Vista del Oro Eastbluff Park 3000 Fifth Ave Irvine Terrace Park 721 Evita Dr Mariners Park 1300 Irvine Ave Newport Pier 72 McFadden PI Orange Street 6804 Seashore Dr Port Carney 1910 Port Carney Port Westbourne 1891 Port Westbourne San Miguel Park San Miguel @ Spyglass Hill Rd Washington Street 208 Washington St Exhibit B -2 24 EXHIBIT C SCHEDULE OF BILLING RATES Weekday Hourly Rate $16.00 Weekend Hourly Rate $18.00 Weekday Holiday Hourly Rate $24.00 Weekend Holiday Hourly Rate $27.00 Emergency Hourly Rate $32.00 Minimum Hours Per Response 4.0 Exhibit C -1 25 Annual Cost Per -site Monday - Friday Saturday — Sunday Monday - Sunday 15th Street $ 4,164.00 $ 1,664.00 $ 5,828.00 19th Street $ 3,360.00 $ 1,352.00 $ 4,712.00 38th Street Park $ 3,360.00 $ 1,352.00 $ 4,712.00 58th Street $ 3,360.00 $ 1,352.00 $ 4,712.00 Arroyo Park $ 3,360.00 $ 1,352.00 $ 4,712.00 Balboa Island Fire Station $ 6,588.00 $ 2,652.00 $ 9,240.00 Balboa Island Ferry Landing $ 6,588.00 $ 2,652.00 $ 9,240.00 Balboa Pier $ 9,828.00 $ 3,952.00 $ 13,780.00 Bob Henry Park $ 3,360.00 $ 1,352.00 $ 4,712.00 Balboa Yacht Basin $ 4,164.00 $ 1,664.00 $ 5,828.00 Bonita Canyon Sports Park $ 8,208.00 $ 3,276.00 $ 11,484.00 Buck Gully (Little Corona) $ 3,360.00 $ 1,352.00 $ 4,712.00 CYC Tennis Courts (Grant Howald Park) $ 3,360.00 $ 1,352.00 $ 4,712.00 Channel Park $ 3,360.00 $ 1,352.00 $ 4,712.00 Coastal Peak Park $ 8,208.00 $ 3,276.00 $ 11,484.00 Corona del Mar Main Beach East $ 3,360.00 $ 1,352.00 $ 4,712.00 Corona del Mar Main Beach West $ 8,208.00 $ 3,276.00 $ 11,484.00 Eastbluff Park $ 3,360.00 $ 1,352.00 $ 4,712.00 Irvine Terrace Park $ 3,360.00 $ 1,352.00 $ 4,712.00 Mariners Park $ 3,360.00 $ 1,352.00 $ 4,712.00 Newport Pier $ 13,056.00 $ 5,200.00 $ 18,256.00 Orange Street $ 3,360.00 $ 1,352.00 $ 4,712.00 Port Carney $ 3,360.00 $ 1,352.00 $ 4,712.00 Port Westbourne $ 3,360.00 $ 1,352.00 $ 4,712.00 San Miguel Park $ 3,360.00 $ 1,352.00 $ 4,712.00 Washington Street $ 6,588.00 $ 2,652.00 $ 9,240.00 Total Annual Cost $ 129,360.00 $ 51,896.00 $ 181,256.00 Exhibit C -2 26 *i /:114bei CITY OF NEWPORT BEACH BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ being at the rate of $ thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to ABM Janitoral Services hereinafter designated as the "Principal," a contract for CITYWIDE PUBLIC RESTROOM JANITORIAL SERVICES in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the Agreement. NOW, THEREFORE, we, the Principal, and , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of FIFTY THOUSAND DOLLARS AND NO /100 ($50,000.00) lawful money of the United States of America, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Agreement Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Exhibit D -1 27 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Agreement or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of , 2011. Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Exhibit D -2 28 ACKNOWLEDGMENT State of California County of } ss. On before me, Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT State of California County of )Ss. On before me, Notary Public, personally appeared (seal) ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) CITY OF NEWPORT BEACH May 23, 2011 Subject: Request for Proposals for Restroom Cleaning Service The City of Newport Beach is issuing this request for quotations for annual public restroom cleaning service through June 30, 2016. Currently, City staff cleans the restrooms at 23 facilities year -round Monday through Friday. The City is considering extending that service to include Saturday and Sunday in the future. The City requests that interested vendors review the Scope of Work (Attachment A), Quotation Form (Attachment B), Insurance Requirements (Attachment C), and Location Map (Attachment D) in order to prepare a proposal that will meet the high expectations of the City's residents and visitors. Please complete and return the signed Quotation Form (Attachment B), Cleaning Plan, and Statement of Qualifications by mail, in- person, or email no later than 11:00 AM on Wednesday, June 1, 2011. Mail: City of Newport Beach — Municipal Operations Department 3300 Newport Blvd, P.O. Box 1768, Newport Beach, CA 92658 Attention: Maurice Turner Delivery: City of Newport Beach — Corporation Yard 592 Superior Ave, Newport Beach, CA 92663 Attention: Maurice Turner Email: mturner @newportbeachca.gov Please contact Jim Auger, Operations Support Superintendent, at (949) 718 -3477 or JAuger @newportbeachca.gov if you have any questions. Again, we invite you to respond to this request for proposals, and look forward to evaluating your response based on cost and qualifications. Sincerely, 44--1 Mark Harmon, Director Attachments: Scope of Work, Quotation Form, Insurance Requirements, Location Map, Sample Agreement Corporation Yard: 592 Superior Ave, Newport Beach, CA 92663 - Telephone: (949) 644 -3055 Fax: (949) 650 -0747 Utilities Yard: 949 West 16th Street, Newport Beach, CA 92663 - Telephone: (949) 644 -3011 Fax: (949) 646 -5204 Mailing Address: PO Box 1768, Newport Beach, CA 92658 -8915 - www. newportbeachca .gov /municipaloperations 30 ATTACHMENT A: SCOPE OF WORK Project Description Furnish all labor, equipment, and supervision to perform general cleaning services for the City's restrooms at the specified facilities. This does not include maintenance or repair as a result of misuse, mischief, and /or acts of nature. Contractor shall provide a Cleaning Plan that includes a schedule detailing the methodology for visually inspecting, cleaning, and restocking restrooms on a daily basis year -round Monday through Friday. Facilities designated as high -use will require an additional same -day cleaning service. Cleaning services shall include, but are not limited to, the following: 1. Removing and disposing of trash in restroom and outside planters. 2. Sweeping adjacent outside ramps and walkways. 3. Sweeping, cleaning, and mopping all floors with an antibacterial disinfectant cleaner. - Clean mop water will be used for each separate facility. - Liquid floor drain maintainers will be used weekly. 4. Cleaning floor drain tops and troughs of all debris. 5. Cleaning, sanitizing, and towel -drying drinking fountains and removing encrustations. 6. Cleaning and sanitizing all toilets, urinals, and sinks. - Stainless -steel sinks will be polished so that all visible stains are removed. - Sprayable bacteria digester will be used in area surrounding urinals and men's toilets. - Liquid uratic salt remover will be used in urinals weekly. - Urinal deodorizer screens will be replaced monthly. - Toilets and urinals will be unclogged as needed. 7. Dusting, cleaning, and drying restroom fixtures. 8. Sweeping and cleaning shower areas. - Showers will be shoveled and swept of sand, and hosed down as needed. 9. Cleaning and refilling all dispensers for soap, toilet paper, paper towels and seat covers on each visit. 10. Cleaning partitions and walls. 11. Utilizing sprayable long- lasting liquid fragranced air freshener. 31 12. Removing small graffiti incidents with a graffiti removal product. — Larger graffiti incidents shall be reported to an Operations Support Supervisor or Crew Chief immediately. Certain materials (soap, toilet paper, paper towels and seat covers) shall be exclusively provided by the City. Upon verbal or written request from the Project Administrator, the City may desire to purchase materials from the Contractor and may require that those materials be stored at the Contractor's facility at no additional fee to the City. All cleaning supplies, materials and tools used in the performance of this agreement shall be of good commercial quality, and must be approved by the Project Administrator prior to use. If any products used by the Contractor contain materials on the Cal OSHA List of Hazardous Substances, the Contractor shall provide a material data safety sheet (MSDS) (OSHA form 20) to the Project Administrator. The following products meet the minimum standards established for performance of this work. Project Administrator may approve the use of an equivalent alternative product. 1. All- Purpose Cleaner: Fast Act 2. Toilet/Urinal Cleaner /Disinfectant: Comet Cleanser 3. Drinking Fountain Cleaner /Disinfectant: Comet Cleanser 4. Stainless Steel Cleaner: Any Lemon Oil Restroom conditions considered to be potentially hazardous to the public (Including broken windows, vandalism, and /or facility damage), as identified by the Contractor during the normal inspection and cleaning process, shall be reported to City staff immediately. The City shall issue keys and /or codes as necessary for access to facilities and storage areas. Contractor shall assume full responsibility for theft or loss of said keys and codes and shall pay for re- keying and /or re- programming all locks operated by these keys and /or in such event. Keys shall not be duplicated. Contractor shall lock storage doors and close all entrance gates (or other such security restraints) when leaving the facility. Any unauthorized usage of City supply items by the Contractor will be grounds for immediate termination of the contract. Contractor shall be fully responsible for any and all damage done to City property, equipment, or other property of the public premises that result from the Contractor performing contract services. Pricing Approach The City intends to award a five (5) year contract based on a fixed annual price. Billing shall occur in twelve (12) equal monthly increments per contract year for services provided. The price is subject to a three percent (3.0 %) maximum adjustment based on the Consumer Price Index. The primary purpose of the Quotation Form is to provide the total annual cost for cleaning service, to provide unit rates for additions or reductions to the City's restroom facilities, and to establish clear payment deductions for contract duties not rendered or not satisfactorily performed. 14W Staffing and Vehicles All contract services shall be performed by competent and experienced employees who shall be neat in appearance and in uniforms as approved by the Project Administrator when performing contract services. All Contractor personnel shall wear identification badges or patches. Contractor shall ensure that there is at least one (1) English - speaking employee working in any cleaning crews. Contractor shall perform a background check on all personnel and submit those results to the Project Administrator for approval at least fifteen (15) days prior to the commencement of that employee performing contract services. Contractor is required to maintain an office within a thirty (30) minutes response time of the job site and provide the office with phone service during normal working hours. The Contractor shall provide an organization chart or listing of staff detailing the personnel assigned to perform or supervise contract services. All vehicles and equipment used in conjunction with the work shall be clean in appearance and in good working order. When performing contract services these vehicles shall, at all times, bear identification signs, provided by the Project Administrator, that the contractor is performing services for the City. Working Hours Normal working hours shall be Monday - Friday between the hours of 5:00 AM and 2:00 PM during the Summer Schedule (Memorial Day - Labor Day) and between the hours of 7:00 AM and 4:00 PM during the Non - Summer Schedule (Labor Day - Memorial Day). Facilities designated as high -use will require an additional same -day cleaning service during the Summer Schedule. The additional cleaning shall not occur less than three (3) hours after the first cleaning. The Contractor will be required to perform on a full schedule on the following holidays: Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Friday following Thanksgiving, Christmas Eve, and New Year's Eve. The Contractor will be required to perform on a modified schedule on New Year's Day, Thanksgiving, and Christmas Day holidays. 33 34 v m N o = F U N > ° W d C m N a n o 0 = C X 41 d N O LL m LL y E N O —_ C Y C. a O m N — Location i ° j LL ° 5 = a a L o m o 15th Street 1 I 0 2 14 1 - 8 0 14 2 0 0 All 1 19th Street 1 1 0 2 3 1 2 1 3 2 2 1 All 1 38th Street Park 1 1 0 2 3 1 2 0 1 3 0 0 7 All 1 58th Street 1 1 0 2 6 1 4 0 6 0 0 1 All 1 Arroyo Park 1 1 0 2 3; 2 4 0 3 9 2 1 All ? Balboa Island Fire Station 0 0 2 2 2 0 2 0 4 0 2 0 All 2 Balboa Island Ferry Landing 0 0 2 2 2 '0 2 ,2. 2 0 2 0 All 2 Balboa Pier 2 2 0 4 12 2 4 0 12 3 4 4 All 2 Balboa Yacht Basln 1 1 0 2 9 1 8 8 9 4 4 0 All 1 Bob Henry Park 1 1 0 2 8 2 4 0 8 0 0 1 All 1 �Bonita Canyon Sports. Park 3 3 0 6 18 6 12, 0 18 0 12 6 Ail 1 Buck Gully (Little Corona) 1 1 0 2 5 1 3 2 5 2 2 2 All i CYC'Tennis Courts,(Giant Howald, Park) 1 1 0 2 8 1 4 0 8 0 0 0 All 1 Channel Park 1 1 0 2 6 2 4 0 6 0 0 1 All 1 Coastal Peak. Park 1 1 0 2 6 2 4 0 6'. 0 0 2 All 1 34 Corona del Mar Main Beach East 2 2 0 4 8 2 6 0 8 1 2 1 All 2 Corona del hoar Main Boach;West 1 2, 1 0. G' 8 1 '.6' '0 8, 1 2 1 All 2 Eastbluff Park 1 1 0 2 6 2 4 0 6 0 0 1 All 1 IrvinaTerrace..Park 1 1 01 2 3 -1 2 2 3 0 2 .1 All 1 Mariners Park 1 1 0 2 6 2 4 0 6 0 4 2 All 1 Rewport Pier 2 2, 0 4 18 4 r8, 0 i 18 3 .8, 2 All '2 Orange Street 1 1 0 2 6 1 4 0 6 1 0 1 All 1 Port Carney 1 1 '0 2 3 1 2 0' 3 0 0 1 All - 1, Port Westbourne 1 1 0 2 3 1 2 0 3 0 0 1 All 1 San Mlgoal Park 1 1 0' 2 3 -1 2• 0 3 0 0 1 All 1 Washington Street 1 1 0 2 7 2 4 0 7 0 4 0 All -2 35 ATTACHMENT B: QUOTATION FORM Annual Cost Per -site 15th Street 19th Street 38th Street Park 58th Street Arroyo Park Balboa Island Fire Station Balboa Island Ferry Landing Balboa Pier Bob Henry Park Balboa Yacht Basin Bonita Canyon Sports Park Buck Gully (Little Corona) CYC Tennis Courts (Grant Howald Park) Channel Park Coastal Peak Park Corona del Mar Main Beach East Corona del Mar Main Beach West Eastbluff Park Irvine Terrace Park Mariners Park Newport Pier Orange Street Port Carney Port Westbourne San Miguel Park Washington Street Total Annual Cost (Monday — Friday) Monday - Friday R CE 36 Annual Cost Per -site 15th Street 19th Street 38th Street Park 58th Street Arroyo Park Balboa Island Fire Station Balboa Island Ferry Landing Balboa Pier $ Bob Henry Park $ Balboa Yacht Basin $ Bonita Canyon Sports Park Buck Gully (Little Corona) CYC Tennis Courts (Grant Howald Park) Channel Park Coastal Peak Park Corona del Mar Main Beach East Corona del Mar Main Beach West Eastbluff Park Irvine Terrace Park Mariners Park Newport Pier Orange Street Port Carney Port Westbourne San Miguel Park Washington Street Total Annual Cost (Saturday — Sunday) Saturday - Sunday R Kul I have reviewed the following attachments: Scope of Work Insurance Requirements I have included the following: Cleaning Plan Statement of Qualifications Signature Printed Name and Title Date Company Yes_ No, Yes No Yes Yes No IMO ATTACHMENT C: INSURANCE REQUIREMENTS Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. The cost of such insurance shall be included in Contractor's billing rates. 1. Coverage and Limit Requirements. a. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. c. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Ki' ATTACHMENT D: LOCATION MAP 40 Locations (Total: 25) 15th Street 1501 West Oceanfront 19th Street 226 21 st St 38th Street Park 3600 Balboa Blvd 58th Street 5800 Seashore Dr Arroyo Park 1411 Bayswater Dr Balboa Island Ferry Landing 124 Marine Balboa Island Fire Station Agate @ South Bay Front Balboa Pier 801 East Oceanfront Balboa Yacht Basin 829 Harbor Island Dr Bob Henry Park 900 Dover Dr Bonita Canyon Sports Park 1900 Ford Rd Buck Gully (Little Corona) 214 Glen Dr CYC Tennis Courts (Grant Howald Park) 4400 Channel PI Channel Park 20403 East Coastal Peak Corona del Mar Main Beach East 3001 Ocean Blvd Coastal Peak Park 20403 East Coastal Peak Corona del Mar Main Beach West 2401 Vista del Oro Eastbluff Park 3000 Fifth Ave Irvine Terrace Park 721 Evita Dr Mariners Park 1300 Irvine Ave Newport Pier 72 McFadden PI Orange Street 6804 Seashore Dr Port Carney 1910 Port Carney Port Westbourne 1891 Port Westbourne San Miguel Park San Miguel @ Spyglass Hill Rd Washington Street 208 Washington St 41 ATTACHMENT E: SAMPLE AGREEMENT 42