HomeMy WebLinkAboutC-8652-1 - M/RSA for Sidewalk Steam Pressure Washing ServicesAMENDMENT NO. ONE TO
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH QUALITY COMMERCIAL CLEANING INC. DBA
SPECTRUM FACILITY MAINTENANCE FOR
SIDEWALK STEAM PRESSURE WASHING SERVICES
THIS AMENDMENT NO. ONE TO MAINTENANCE/REPAIR SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 26th day of
August, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and QUALITY COMMERCIAL
CLEANING INC., a California corporation, doing business as ("dba") SPECTRUM
FACILITY MAINTENANCE ("Contractor"), whose address is 1326 Border Ave, Torrance
California, 90501, and is made with reference to the following:
RECITALS
A. On September 22, 2020, City and Contractor entered into a Maintenance/Repair
Services Agreement (Contract No. C-8652-1) ("Agreement") to perform
maintenance and/or repair services for City ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, to extend the term of the Agreement to
September 30, 2026, to increase the total compensation, update the City's Project
Manager information, and update the Contractor's Notices Section.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on September 30, 2026, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
As of the effective date of this Amendment No. One, Exhibit A to the Agreement
shall be amended in its entirety and replaced to include the Scope of Services, attached
hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). The City
may elect to delete certain Services within the Scope of Services at its sole discretion.
3. COMPENSATION TO CONTRACTOR
As of the effective date of this Amendment No. One, Exhibit B to the Agreement
shall be amended in its entirety and replaced to include the Schedule of Billing Rates,
attached hereto as Exhibit B and incorporated herein by reference.
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "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 B and incorporated herein by reference. Except as otherwise
provided herein, no rate changes shall be made during the term of this Agreement without
the prior written approval of City. Contractor's compensation for all Services performed in
accordance with this Agreement, including all reimbursable items shall not exceed One
Million Seven Hundred Eighty One Thousand Seven Hundred Three Dollars and
00/100 ($1,781,703.00), without prior written amendment to the Agreement."
The total amended compensation reflects Contractor's additional compensation for
additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subcontract fees, in an amount not to exceed Three
Hundred Ten Thousand Dollars and 00/100 ($310,000.00).
4. ADMINISTRATION
Section 6 of the Agreement shall be amended in its entirety and replaced with the
following: "This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement."
5. NOTICES
Section 24.3 shall be amended in its entirety and replaced with the following:
"24.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Mario Costa
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance
1326 Border Ave
Torrance, CA 90501 "
6. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: "`l%2°j /25—
By: -D
A r Harp
City Attorney
ATTEST:
Date:��� Z� Z
Molly Perry
Interim City Clerk
CITY OF NEWPORT BEACH,
a California muni ipal corporation
Date: 2b 129-
By:_�
Joe S/apleion
Mayor
CONTRACTOR:
QUALITY COMMERCIAL CLEANING,
INC. DOING BUSINESS AS ("DBA")
SPECTRUM FACILITY MAINTENANCE,
a California corporation
Date:
Signed in Counterpart
Bv:
Mario Costa
Chief Executive Officer/
Chief Financial Officer/
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Dater f
By: -D
A r arp
,
C Attorney
ATTEST:
Date:
LE
Dolly Perry
Interim City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Joe Stapleton
Mayor
CONTRACTOR:
QUALITY COMMERCIAL. CLEANING,
INC. DOING BUSINESS AS ("DBA")
SPECTRUM FACILITY MAINTENANCE,
a Califomi corporation
Date: 'R I 1 / z-C) D _
--
Mario Co. to
Chief Executive Officer/
Chief Financial Officer/
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance Page 3
EXHIBIT
SCOPE OF SERVICES
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance Page A-1
Scope of Work
Description of Service Areas and Line Items
Contractor shall furnish all labor, tools, expendable equipment, materials, transportation
services necessary for the sidewalk steam pressure washing services as described
herein including, but not limited to, the following. City reserves the right to adjust
recurring schedules and quantities as necessary, depending on condition and need.
Locations
1. Balboa Village: Provide the supervision, equipment, tools, labor, and materials,
to pressure wash 174,797 square feet of Lithocrete sidewalks and designer
roadway pavement in Balboa Village area identified on the enclosed map A. The
Contractor shall develop and execute a schedule to perform sidewalk and
roadway pressure washing tasks once per week from May through September,
and once per month from October through April.
2. Marine Ave: Provide the supervision, equipment, tools, labor, and materials, to
pressure wash 24,240 square feet of concrete sidewalks in the Marine Ave area
identified on the enclosed map B. The Contractor shall develop and execute a
schedule to perform sidewalk steam pressure washing tasks twice per month.
3. McFadden Plaza: Provide the supervision, equipment, tools, labor, and materials
to steam clean 68,354 square feet of concrete sidewalks in the McFadden Square
area and Ben Carlson statue identified on the enclosed map C. The Contractor
shall develop and execute a schedule to perform the sidewalk steam pressure
washing tasks twice per month, October -April and once a week Mid -May -
September; McFadden Square Memorial (3,600 square feet) shall be cleaned
twice a week.
4. Balboa and Newport Piers: Provide the supervision, equipment, tools, labor, and
materials, to steam clean the concrete Balboa Pier 27,513 square feet and
Newport Pier 31,460 square feet identified on the enclosed map on pages A and
C. The Contractor shall develop and execute a schedule to perform concrete
steam pressure washing tasks of the pier ends once per week from May through
September, and once per month from October through April. The Contractor shall
develop and execute a schedule to perform concrete steam pressure washing
tasks of the piers twice per month from May through September, and once per
month from October through April.
5. Corona del Mar: Provide the supervision, equipment, tools, labor, and materials
to steam clean 40 trashcans, 4 benches, including sidewalk underneath and
around cans and benches: 3309 E Coast Hwy, Westbound PCH/Poppy,
3536 E Coast Hwy, and 3500 E Coast Hwy, the clock tower at Marguerite
and ECH (400SF), and the Civic Center parking structure outside stairs(630
SF) in the Corona del Mar area identified on the enclosed map D. The Contractor
shall develop and execute a schedule to perform the steam pressure washing
tasks monthly.
6. Seashore/PCH Plexi Glass: Provide the supervision, equipment, tools, labor,
and materials to steam clean and wipe down both sides of 3,399 LF of
Plexiglass, map E. The Contractor shall develop and execute a schedule to
perform the steam pressure washing tasks, quarterly.
7. Lido Island Bridge: Provide the supervision, equipment, tools, labor, and
materials to steam clean 3,195 Square Feet including, one bench pad, trash can,
interior, and top of bridge wall and railing, map F. The Contractor shall develop
and execute a schedule to perform the steam pressure washing tasks quarterly.
8. Balboa Island and Little Island boardwalk and bridges: Provide the
supervision, equipment, tools, labor, and materials to steam clean 139,155
Square Feet, map E. The Contractor shall develop and execute a schedule to
perform the steam pressure washing tasks quarterly.
9. Civic Center parking structure: Provide the supervision, equipment, tools,
labor, and materials to steam clean 163,693 Square Feet, which includes, stairs
and ramps, map G. The Contractor shall develop and execute a schedule to
perform the steam pressure washing tasks twice a year.
10. 15th St. and Bay: Provide the supervision, equipment, tools, labor, and materials
to steam clean 6,704 Square Feet, which includes the colored concrete and
lithocrete cross walk, map H. The Contractor shall develop and execute a
schedule to perform the steam pressure washing tasks once a month.
11.19th St/Bay Restrooms: Provide the supervision, equipment, tools, labor, and
materials to steam clean 810 Square Feet, which includes in front and around the
restrooms, map I. The Contractor shall develop and execute a schedule to
perform the steam pressure washing tasks weekly.
12.Various locations — Bird Clean up: Provide the supervision, equipment, tools,
labor, and materials to steam four areas weekly (approx. 300 SF per location:
114 McFadden Pl., 215 15th St., 114 Agate Ave., 105 Main St.) at misc.
locations and ten additional locations as needed. The Contractor shall develop
and execute a schedule to perform the steam pressure washing tasks weekly
and as needed.
Additional Items
• Remove gum, spills, dirt, spots, blood, fish oil, graffiti, and dirt and grime from the
contract areas identified in the enclosed maps at every cleaning, including all
trash can receptacles, benches, picnic tables and wash basin sinks. In the case
of hard to remove stains, the Contractor shall utilize an environmentally sensitive
stain remover.
• Contractor will be required to utilize mechanical means to collect the wastewater
generated during the performance of the steam pressure washing tasks
described in the RFP. In all areas, zero discharge of wastewater will be allowed.
Contractor shall recycle the residual water for reuse and properly dispose of
wastewater.
• Contractor shall ensure that storm drain inlets are properly dammed with
sandbags and/or filter fabric to prevent entry of water or debris into the storm
drain system during performance of steam pressure washing tasks.
• Contractor shall clean contract area utilizing a hot water pressure washer
(minimum of 2,500 PSI) with either a 20-degree or 30-degree spray tip set at a
minimum of 180 degrees Fahrenheit. The pressure washing spray tip must
remain at a minimum of 18" from the cleaning surface to reduce the potential for
damages to the cleaning surface. The Contractor will be responsible for damages
to sidewalks and roadway pavements resulting from excessive water pressure,
heat and/or improper cleaning techniques.
• Contractor will be responsible for providing photos of all work completed at
scheduled and call back locations weekly by email to be provided.
On -Call Services
Contractor may be called out for additional steam pressure washings or other
related services on an on-call/as-needed basis.
Provide the supervision, equipment, tools, labor, and materials for special cleaning (2-
hour minimum), travel time not included. Costs shall be calculated per the Contractor's
rate sheet. When the need for service arises, the Contractor shall provide a written
proposal, including:
• A detailed description of the services to be provided.
• The position of each person assigned to perform the services.
• The estimated number of hours and cost (including parts and material) to
complete the services.
• The time needed to complete the specific project.
No services shall commence until the project manager has provided written acceptance
of the proposal. Once authorized, the Contractor shall diligently perform the repair
services in compliance with the contract terms. Should the proposal terms vary, the
agreement terms will supersede.
Response Requirements (For On -Call Portion)
• Call back within thirty (30) minutes after the initial request from the City for on -call
services.
• Availability for same -day response, including after hours, weekends, and holidays.
• Contractor shall be available 24 hours a day, 7 days a week.
• Arrival within two (2) hours after initial call back.
Warranty
The Contractor's work shall carry a one (1) year workmanship warranty.
Workinq Hours
The contract working hours will vary based on location and time of year. During the
summer months, the hours may need to be adjusted based on crowds. Generally, work
will be confined to Monday- Friday, no earlier than 7:00 am, except for the Pier locations
which have separate hours listed below.
• Newport/ Balboa Piers — Cleaning shall begin at 12:00 am, currently it takes six
(6) hours to complete with two (2) power washing vehicles. Work may begin as
early as 11:00 pm, assuming all visitors have left the area.
Marine Ave — 5:00 am start to delineate the working area, power washing start is
7:00 am.
• Balboa Village — working hours 7:00 am — 11:00 am. After 11:00 am it is too
crowded to work.
Prior to beginning work, contractor shall provide a monthly schedule with locations to be
pressure washed.
Quality of Work and Materials
• The Contractor shall provide all labor and materials required for the successful
completion of a project or work.
• The City may reimburse the Contractor for materials procured, analyzed case -by -
case, and agreed upon in the Contractor's proposal before work commences.
Markup for materials is limited to cost plus a maximum of 15%.
• Receipts are required for reimbursement for materials purchased for projects.
• The City reserves the right to specify the type of material and/or equipment
purchased per project. All equipment and material purchases must be
preapproved by the Project Manager or designee.
• The City reserves the right to purchase materials directly and provide them to the
Contractor. In such cases, the following conditions apply:
- The Contractor shall conform to all City practices and procedures.
- All City purchases are for the sole expressed use of and for the City.
- The Contractor shall secure, store, inventory, distribute, and control all
materials entrusted to the Contractor's representatives.
- All materials and inventories shall be made available to the City upon request.
The Contractor will reduce the unit cost for each maintenance task by the City's
actual cost for the materials provided and used.
• The Contractor shall maintain work areas with a well -manicured, clean
appearance, and all work shall be performed in a professional manner using
quality equipment.
• The Contractor shall be responsible for any damages to public and/or private
property caused during the work.
• The Contractor shall recognize that during this Agreement, the City may have
other contractors conducting other activities and/or operations in the immediate
vicinity of requested work. Contractor shall make every effort to coordinate
activities with existing operations. Other activities may include, but are not
limited to, the following:
- Landscape refurbishment
- Modification or repair of existing facilities
- Construction; and
- Storm related operations
• All tools and materials shall always remain in Contractor's possession.
• All Contractor vehicles parked on site shall always be secure.
• Contractor shall ensure all precautions for safety are taken.
• Contractor shall obtain necessary building permits at no cost when required.
• As required, Contractor shall provide traffic control per the latest edition of the
Manual on Uniform Traffic Control Devices (MUTCD) "Watch Manual."
• The Contractor is responsible for all underground service alerts prior to digging
(DigAlert).
Safety Requirements
• All work performed under this contract shall be performed in such a manner as to
provide maximum safety to the public and where applicable comply with all safety
standards required by CAL -OSHA. The City reserves the right to issue restraint
or cease and desist orders to the Contractor when unsafe or harmful acts are
observed or reported relative to the performance under this contract. All
contractor employees shall always have access to a W.A.T.C.H. (Work Area
Traffic Control Handbook).
• Contractor's field personnel shall wear easily recognizable uniforms containing
Contractor's name. Contractor shall be responsible for supplying all appropriate
personal protective equipment including but not limited to safety vests, safety
shoes and reflective vests.
• The Contractor shall maintain all work sites free of hazards to persons and/or
property resulting from his/her operations. Any hazardous condition noted by the
Contractor, which is not a result of his/her operations, shall be immediately
reported to the City.
• Warning signs, lights, and devices shall be installed and displayed in conformity
with "The California Manual on Uniform Traffic Devices" for use in performance
of work upon highways issued by the State of California, Department of
Transportation.
• Contractor's employees shall be trained in health and safety per CALOSHA
Biddina and Pavment
The unit cost bid prices for each item of work shown on the Proposal shall include full
compensation for furnishing the labor, materials, tools, and equipment to perform the
necessary work. The frequency of cleanings needed will vary per location.
Recurring services shall take place on a scheduled basis, unless otherwise modified or
directed in advance by the City's project administrator or designee. For additional on -
call services, the scope, work schedule, and fee for each task will be negotiated on a
project -by -project or task basis and approved by City prior to execution of the work.
Invoicing
All invoices for on -call services must include
• Brief description of the work performed
• Date the services were performed
• Number of hours spent on all work billed on an hourly basis
• Description of any reimbursable expenditures (materials, rental equipment, etc.)
• Contracted labor rate
• Shall include the name and the classification of the employee who performed the work
• Material percentage markup
Invoices shall be submitted monthly. Receipts will be required at the time of invoicing to
substantiate percentage markup. All shall be charged at cost plus no more than a 15% markup.
Location Map Areas on the next pages
PHA BE-1
® UTHOCRETE SIDEWALK 117392 sq. ft.)
® UTHOCRETE - PATTERNED (7286 sq. 0.)
® DESIGNER CONCRETE (11091 s9. fl.)
PHASE-2
UTHOCRETE SIDEWALK (12462 sq. ft.)
® LOHOCRETE - PATTERNED (29449 sq. ft.)
PHASE-3
€'.._I CONCRETE SIDEWALK 122324 sq. ft.)
= LITHOCRETE SIDEWALK (3609 sq. N.)
go DESIGNER CONCRETE (8373 sq. 0.)
\ 'ZERO DISCHARGE WATER
- ® BALBOA PIER (29,'96 sq. ft.)
BAY AVE E - ADD ON
TYPE
CONCRETE SIDEWALK 11,092 sq. ft.)
CONCRETE STREET (4,672 sq. H.)
A ADAMS STREET (5,307 sq. ft.)
= FUNZOT E SIDEWALKS (20,877 sq. ft.J
0 i iU
h 3' Feet
Sidewalk Maintenance NNBG�S
Balboa Village City of Newport Beach
GIS Division
February 13, 2025
0 N
Marine Avenue
s o
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= Pressure Washing Proposal
N T
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M
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BAY FRONT ALLEY N
333
330
333
7226sq.ft.
333
332 A-D
331
327
326 112
331
326 A-D
32
326
327
325
324
325
324
325
323
322
323
322 322E
322C
323
321
320
321
320 A-D
321
319
318
319 319A
318
319
319B
317
w
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316 1/2
316
317
a
316
317
315
=
314
315
314
315 1/2
315
313
312
313 112
312
313 112
313
313
311
310
311
310
311
309
308
308 1/2
3
09
308
306
307
306 B
307
307
306 A
304
305 1/2
304 1/2
305
304
305
303
302
301
302 1/2
303
301
300
300
301
300 112
2365 sa.
ft.
227
226
225
224
223
222
221
220
219
218
217
216
215
214
213 112
213
2
12
211
210
209 112
208
209
207
206
205
204
203 112
202
o Sidewalks (24240 sq ft )
BALBOA AVE
229 A-C
225 1/2
225
223
221
219 1/2
219
217 A
217
215
213
211 A
211
209
43
207
203
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127
125
124
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122 112
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123
122
121
120 121 112
226 A-C
224
222
220 1/2
220
218 112
218
216 112
216
214
210
208
206
204
200
124
122
227
227 112
225
223
221
219
217
215
213
211
209
207
205
205 112
203
201
127
125
123
3S7 1
324
322 32;
32:
320
318 112
318
316
314 A
314 B
312 112
312
310
308
1NAL WAY
306 112
306
304
302
300
226 1/2
226
224
222
218
216
214
212
210
208
206
206 112
204
202
200
126
124
122
Scope of Services
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February 13, 2025
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EXHIBIT B
SCHEDULE OF BILLING RATES
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance Page B-1
EXHIBIT B
FEE SCHEDULE
SIDEWALK STEAM PRESSURE WASHING SERVICES
ANNUAL FIXED COSTS YEAR 1
BALBOA VILLAGE
$
61,600.00
BALBOA VILLAGE
$
19,600.00
MARINE AVE
$
21,600.00
McFADDEN SQUARE
$
19,600.00
McFADDEN SQUARE
$
28,000.00
McFADDEN SQUARE
(MEMORIAL)
$
31,200.00
BALBOA & NEWPORT
PIER
$
9,000.00
BALBOA & NEWPORT
PIER
$
6,300.00
ENDS OF THE PIERS
$
6,600.00
ENDS OF THE PIERS
$
2,100.00
VARIOUS LOCATIONS -
BIRD CLEANUP
$
2,600.00
CORONA DEL MAR
FURNITURE
$
4,800.00
Seashore/PCH Plexi Glass
$
6,000.00
Lido Bridge
$
1,400.00
Balboa Island And Little
Island
$
10,000.00
CIVIC CENTER PARKING
STRUCTURE
$
8,000.00
TOTAL ANNUAL COST,
FIXED MAINT:
$
238,400.00
Annual Fixed Cost
Amounts
Year
2%
fixed
CPI
$238,400
Year 1
$243,168
Year 2
2%
$248,031
Year 3
2%
$252,992
Year 4
2%
$258,052
Year 5
2%
$263,213
Year 6
2%
$1,503,856
Total
Total Not -to -Exceed Compensation: $1,781,703.00
Annual Fee Breakdown
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On -Call / Extra Work Billing Rates
Spectrum Facility Maintenance — Standard Billing Rate is $125.00 per hour for services and equipment
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH QUALITY COMMERCIAL CLEANING INC. DBA
SPECTRUM FACILITY MAINTENANCE FOR
SIDEWALK STEAM PRESSURE WASHING SERVICES
THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made
and entered into as of this 22nd day of September, 2020 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and Quality Commercial Cleaning Inc., a California corporation, doing
business as "dba" Spectrum Facility Maintenance ("Contractor"), whose address is 17510
Studebaker Rd, Cerritos, CA 90703, and is made with reference to the following:
RECITALS
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 desires to engage Contractor to perform maintenance and/or repair services
for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on September 30, 2025, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). As a material inducement to 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 community professional standards
with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances, in performing
the Work required hereunder, and that all materials will be of good quality.
2.2 Contractor shall perform all Work 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.
2.3 SERVICES TO BE PERFORMED (AS -NEEDED ON-CALL SERVICES):
Contractor shall perform the on-call services described in the Scope of Services attached
hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon
written request from the Project Administrator as defined herein, Contractor shall provide
a letter proposal for Services requested by the City (hereinafter referred to as the "Letter
Proposal"). The Letter Proposal shall include the following:
2.3.1 A detailed description of the Services to be provided;
2.3.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.3.3 The estimated number of hours and cost to complete the Services;
2.3.4 The time needed to finish the specific project.
2.4 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
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. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Contractor to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner 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 within two (2) calendar days of the occurrence causing the delay 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 as defined herein, not later than two (2) 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, by fax, hand -
delivery or mail.
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page 2
4. COMPENSATION TO CONTRACTOR
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 B and incorporated herein by reference. Except as
otherwise provided herein, no rate changes shall be made during the term of this
Agreement without the prior written approval of City. Contractor's compensation for all
Services performed in accordance with this Agreement, including all reimbursable items,
shall not exceed One Million Four Hundred Seventy One Thousand Seven Hundred
Three Dollars and 00/100 ($1,471,703.00), without prior written amendment to the
Agreement.
4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") may
be adjusted by an increase not to exceed 2% to the Billing Rates. Consultant shall notify
City in writing of any requests for adjustment pursuant to this Section 4.2 at least thirty
(30) business days prior to the Effective Date of such adjustment, and provide updated
billing rates. Adjusted billing rates shall be approved by City prior to use. The maximum
adjustment increase to the Billing Rates, for any year where an adjustment is made
pursuant to this Section, shall not exceed 2.0% of the Billing Rates in effect immediately
preceding such adjustment.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement, or specifically approved in writing in advance by
City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.
5. PROJECT MANAGER
5.1 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 Mario Costa to be its Project
Manager. Contractor shall not remove or reassign the Project Manager or any personnel
listed in Exhibit A or assign any new or replacement personnel to the Project without the
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page 3
prior written consent of City. City's approval shall not be unreasonably withheld with
respect to the removal or assignment of non -key personnel.
5.2 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. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's Field
Maintenance Superintendent or designee shall be the Project Administrator and shall
have the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 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 installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 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 community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page 4
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof and all persons
and entities owning or otherwise in legal control of the property upon which Contractor
performs the Project and/or Services 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 and/or Services by Contractor, or its subcontractors, or its
workers, or anyone employed by either of them.
9.2 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 and/or
Services, or the Work of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services contemplated
by this Agreement (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, attorneys'
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, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 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 attorneys' 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 Contractor.
9.5 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.
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page 5
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 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.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of 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 expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. 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 of the Work 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.
11. 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 Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
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 or for other periods as specified in this Agreement, policies of insurance
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page 6
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PREVAILING WAGES
15.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Contractor and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
15.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page 7
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
18. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall 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 to Contractor
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Contractor of any 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 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.
22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page 8
23. CONFLICTS OF INTEREST
23.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
23.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. 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.
24. NOTICES
24.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
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.
24.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Mario Costa
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance
17510 Studebaker Rd
Cerritos, CA 90503
25. CLAIMS
25.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, 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.
Contractor and City expressly agree that in addition to any claims filing requirements set
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page 9
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
25.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
26. TERMINATION
26.1 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, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
26.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. 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 reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
27. LABOR
27.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
27.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
27.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page 10
27.4 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 from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
28. STANDARD PROVISIONS
28.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
28.2 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. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. 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.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 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
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 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.
28.8 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.
28.9 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, State of California.
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page 11
28.10 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, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: �-f 11 cil ,/ ""..) 7-t-) Date: 9/-z -Z A d Z C>
BY: 'r By:
Aaron C. Harp Will O'Neill
City Attorney pq.aD Mayor
Da �
ATTEST: CONTRACTOR: Quality Commercial
Date: Cleaning Inc., a California corporation,
doing business as "dba" Spectrum
Facility Maintenance
Date:
Signed in Counterpart
Mario Costa
Chief Executive Officer/
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 91 0 %.
By-_ r �"
Aaron C. Harp
City Attorney aD
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
914
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By -
Will O'Neill
Mayor
CONTRACTOR: Quality Commercial
Cleaning Inc., a California corporation,
doing business as "dba" Spectrum
Facility Maintenance
Date:
_6
By:K-_ .�
Mario o to
Chief Executive Officer/
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
— _-- --- -- - .. ........ ........ .... ....... .............................. ..... ...... . .......-......... - ....... _ ........
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page 13
EXHIBIT A
SCOPE OF SERVICES
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page A-1
EXHIBIT A
SCOPE OF SERVICES
SIDEWALK STEAM PRESSURE WASHING SERVICES
Contractor shall furnish all labor, tools, expendable equipment, materials, transportation services
necessary for the sidewalk steam pressure washing services as described herein including, but not limited
to, the following. Please note that due to the as -needed nature of the services, City reserves the right to
adjust recurring schedules and quantities as necessary, depending on condition and need.
Locations:
1. Balboa Village: Provide the supervision, equipment, tools, labor, and materials, to pressure wash
172,797 square feet of Lithocrete sidewalks and designer roadway pavement in Balboa Village
area identified on the included map. Contractor shall develop and execute a schedule to perform
sidewalk and roadway pressure washing tasks once per week from May through September, and
once per month from October through April. Once schedule is completed, City shall review and
approve prior to commencement of schedule.
2. Marine Ave: Provide the supervision, equipment, tools, labor, and materials, to pressure wash
24,240 square feet of concrete sidewalks in the Marine Ave area identified on the included map.
The Contractor shall develop and execute a schedule to perform sidewalk steam pressure washing
tasks twice per month.
3. McFadden Plaza: Provide the supervision, equipment, tools, labor, and materials to steam clean
67,050 square feet of concrete sidewalks in the McFadden Square area identified on the included
map. The Contractor shall develop and execute a schedule to perform the sidewalk steam
pressure washing tasks twice per month, October -April and Once a week Mid -May- September;
McFadden Square Memorial (3,600 square feet) shall be cleaned twice a week.
4. Balboa and Newport Piers: Provide the supervision, equipment, tools, labor, and materials, to
steam clean the concrete Balboa Pier 26,706 square feet and Newport Pier 31,460 square feet
identified on the included maps. The Contractor shall develop and execute a schedule to perform
concrete steam pressure washing tasks of the pier ends once per week from May through
September, and once per month from October through April. The Contractor shall develop and
execute a schedule to perform concrete steam pressure washing tasks of the piers twice per
month from May through September, and once per month from October through April.
S. Corona del Mar: Provide the supervision, equipment, tools, labor, and materials to steam clean
40 trashcans, 39 benches, and 6 bus canopies and the clock tower at Marguerite and ECH (400SF)
in the Corona del Mar area identified on the included map. The Contractor shall develop and
execute a schedule to perform the steam pressure washing tasks monthly.
6. Seashore/PCH Plexi Glass: Provide the supervision, equipment, tools, labor, and materials to
steam clean and wipe down both sides of 3,399 LF of Plexiglass, identified on the included map.
The Contractor shall develop and execute a schedule to perform the steam pressure washing
tasks, quarterly.
7. Lido Island Bridge: Provide the supervision, equipment, tools, labor, and materials to steam clean
3,195 Square Feet including, one bench pad, trash can, interior, and top of bridge wall and railing,
identified on the included map. The Contractor shall develop and execute a schedule to perform
the steam pressure washing tasks quarterly.
8. Balboa Island and Little Island boardwalk and bridges: Provide the supervision, equipment, tools,
labor, and materials to steam clean 139,155 Square Feet, identified on the included map. The
Contractor shall develop and execute a schedule to perform the steam pressure washing tasks
quarterly.
9. Civic Center parking structure: Provide the supervision, equipment, tools, labor, and materials to
steam clean 163,693 Square Feet; which includes, stairs and ramps, identified on the included
map. The Contractor shall develop and execute a schedule to perform the steam pressure washing
tasks twice a year.
10. Various locations— Bird Clean up: Provide the supervision, equipment, tools, labor, and materials
to steam four areas weekly (aprx. 300 SF per location) at misc. locations and ten additional
locations as needed. The Contractor shall develop and execute a schedule to perform the steam
pressure washing tasks weekly and as needed.
Additional Items:
i. Remove gum, spills, dirt, spots, blood, fish oil, graffiti, and dirt and grime from
the contract areas identified in the enclosed maps at every cleaning; including all
trash can receptacles, benches, picnic tables and wash basin sinks. In the case of
hard to remove stains, the Contractor shall utilize an environmentally sensitive
stain remover.
ii. Contractor will be required to utilize mechanical means to collect the wastewater
generated during the performance of the steam pressure washing tasks described
in the RFP. In all areas, zero discharge of wastewater will be allowed. Contractor
shall recycle the residual water for reuse and properly dispose of wastewater.
iii. Contractor shall ensure that storm drain inlets are properly dammed with
sandbags and/or filter fabric to prevent entry of water or debris into the storm
drain system during performance of steam pressure washing tasks.
iv. Contractor shall clean contract area utilizing a hot water pressure washer
(minimum of 2,500 PSI) with either a 20 -degree or 30 -degree spray tip set at a
minimum of 180 degrees Fahrenheit. The pressure washing spray tip must remain
at a minimum of 18" from the cleaning surface in order to reduce the potential
for damages to the cleaning surface. The Contractor will be responsible for
damages to sidewalks and roadway pavements resulting from excessive water
pressure, heat and/or improper cleaning techniques.
On -Call Services:
Contractor may be requested to perform additional steam pressure washings or other related services
on an on-call/as-needed basis.
Provide the supervision, equipment, tools, labor, and materials for special
cleaning (2 -hour minimum), travel time not included. Costs shall be calculated
per the Contractor's rate sheet.
WORKING HOURS
11. The contract working hours will vary based on location and time of year. During the summer
months, the hours may need to be adjusted based on crowds. Generally, work will be confined to
Monday- Friday, no earlier than 7:00am, except for the Pier locations which have separate hours
listed below.
a. Newport/ Balboa Piers — Cleaning shall begin at 12 AM, currently it takes 6 hours to
complete with two power washing vehicles. Work may begin as early as 11pm, assuming
all visitors have left the area.
b. Marine Ave — 5 AM start to delineate the working area, power washing start is 7 AM.
c. Balboa Village—working hours 7 AM —11 AM. After 11 am if it is too crowded to work, as
approved by City.
d. Prior to beginning work, Contractor shall provide to City a monthly schedule with
locations to be pressure washed.
QUALITY OF WORK AND MATERIALS
12. The Contractor shall perform all work required, and shall provide and furnish all labor, materials,
necessary tools, expendable equipment and all utility and transportation services necessary for
the Project, including delivery, storage and handling of products.
13. All material and equipment furnished by the Contractor shall be high grade, and free from defects
and imperfections, unless otherwise hereinafter specified.
SAFETY REQUIREMENTS
• All work performed under this contract shall be performed in such a manner as to provide
maximum safety to the public and where applicable comply with all safety standards required by
CAL -OSHA. The City reserves the right to issue restraint or cease and desist orders to the
Contractor when unsafe or harmful acts are observed or reported relative to the performance
under this contract. All contractor employees shall always have access to a W.A.T.C.H. (Work Area
Traffic Control Handbook).
• Contractor's field personnel shall wear easily recognizable uniforms containing Contractor's
name. Contractor shall be responsible for supplying all appropriate personal protective
equipment including but not limited to safety vests, safety shoes and reflective vests.
• The Contractor shall maintain all work sites free of hazards to persons and/or property resulting
from his/her operations. Any hazardous condition noted by the Contractor, which is not a result
of his/her operations, shall be immediately reported to the City.
• Warning signs, lights, and devices shall be installed and displayed in conformity with "The
California Manual on Uniform Traffic Devices" for use in performance of work upon highways
issued by the State of California, Department of Transportation.
• Contractor's employees shall be trained in health and safety per CALOSHA
AREA MAPS (NEXT PAGE)
idewa
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AMENDMENT I
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Pressure Washing Proposal
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EXHIBIT B
SCHEDULE OF BILLING RATES
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page B-1
EXHIBIT B
FEE SCHEDULE
SIDEWALK STEAM PRESSURE WASHING SERVICES
ANNUAL FIXED COSTS YEAR 1
BALBOA VILLAGE
$
61,600.00
BALBOA VILLAGE
$
19,600.00
MARINE AVE
$
21,600.00
McFADDEN SQUARE
$
19,600.00
McFADDEN SQUARE
$
28,000.00
McFADDEN SQUARE
(MEMORIAL)
$
31,200.00
BALBOA & NEWPORT
PIER
$
9,000.00
BALBOA & NEWPORT
PIER
$
6,300.00
ENDS OF THE PIERS
$
6,600.00
ENDS OF THE PIERS
$
2,100.00
VARIOUS LOCATIONS -
BIRD CLEANUP
$
2,600.00
CORONA DEL MAR
FURNITURE
$
4,800.00
Seashore/PCH Plexi Glass
$
6,000.00
Lido Bridge
$
1,400.00
Balboa Island And Little
Island
$
10,000.00
CIVIC CENTER PARKING
STRUCTURE
$
8,000.00
TOTAL ANNUAL COST,
FIXED MAINT:
$
238,400.00
Annual Fixed Cost
Amounts
Year
2%
fixed
CPI
$238,400
Year 1
$243,168
Year 2
2%
$248,031
Year 3
2%
$252,992
Year 4
2%
$258,052
Year 5
2%
$1,240,643
Total
Total Not -to -Exceed Compensation: $1,471,703.00
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On -Call / Extra Work Billing Rates
Standard Billing Rate is $125.00 per hour for services and equipment
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. 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. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. 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.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees, and
any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services
contemplated by this Agreement.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page C-1
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 each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement 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 from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Aqreements Between the Parties. The parties hereby agree to the
following:
A. 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 other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page C-2
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. 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. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page C-3
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page C-4
Reyes, Raymund
From: Customer Service <customerservice@ebix.com>
Sent: Wednesday, October 14, 2020 5:37 PM
To: Reyes, Raymund; Insurance
Cc: sagar@ebix.com
Subject: Compliance Alert -Vendor Number FV00000283
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of
insurance requirements. FV00000283 Quality Commercial Cleaning Inc. DBA Spectrum Faci
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.