HomeMy WebLinkAbout09 - JSA for Janitorial Services at Piers and DocksQ �EwPpRT
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z NEWPORT BEACH
<,FORN'P City Council Staff Report
June 22, 2021
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Carol Jacobs, Assistant City Manager - 949-644-3313,
cjacobs@newportbeachca.gov
PREPARED BY: Melanie Franceschini, Management Analyst
PHONE: 949-644-3028
TITLE: Janitorial Services Agreement with Quality Commercial Cleaning,
Inc., DBA Spectrum Facility Maintenance for Janitorial Services at
Piers and Docks
ABSTRACT:
The Harbor Department issued a Request for Proposals (RFP) for janitorial services at
piers and docks in the summer of 2020. The City of Newport Beach (City) received four
responses from experienced janitorial and/or harbor service providers. Staff recommends
that the City Council award the Janitorial Services Agreement for Janitorial Services at
Piers and Docks to Quality Commercial Cleaning Inc., DBA Spectrum Facility
Maintenance.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve a three-year Janitorial Services Agreement with Quality Commercial
Cleaning, Inc., DBA Spectrum Facility Maintenance for Janitorial Services at Piers and
Docks at a not -to -exceed cost of $130,000.
DISCUSSION:
The Harbor Department oversees the maintenance and upkeep of 13 public docks and
piers. Recurring janitorial services at these locations is important to provide clean, safe
and well-maintained harbor access to the public.
On a weekly basis, all public docks and gangways leading to the docks need to be
thoroughly cleaned, with all surfaces washed down, decks scrubbed, trash/debris
removed, fishing cut boards cleaned, bird droppings removed, pile caps cleaned, and
exterior housings of the pumpout equipment cleaned, where applicable. On a quarterly
basis, the decorative fiberglass pile caps need to be waxed and the teak handrails oiled.
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Janitorial Services Agreement with Quality Commercial Cleaning, Inc.,
DBA Spectrum Facility Maintenance for Janitorial Services at Piers and Docks
June 22, 2021
Page 2
The Harbor Department will require the janitorial service provider to use cleaning products
that are environmentally friendly, non-toxic and biodegradable, causing no harm to
aquatic life, water quality, or the ecosystem. Ingredients such as baking soda/salt or white
vinegar mixed with fresh water are recommended to clean and scrub the floors, decks
and other topside area. Cider vinegar with baby oil is recommended to polish chrome.
Minimal water is to be used in the maintenance of the docks and piers. When required,
wash water should be recovered by using mops and/or sponges to prevent cleaning
material from entering the harbor.
RFP No. 20-45 was distributed to multiple firms and publicly posted on June 17, 2020,
with a due date of July 14, 2020. Staff waited to proceed on the awarding of this contract
due to other Harbor Department contracting needs and responsibilities. Four firms,
California Office Cleaning, South Mooring, Spectrum Facility Maintenance, and Ultimate
Maintenance Service, Inc. submitted responses. Evaluations were conducted by a panel
of three City staff members using a qualifications -based selection process. Each proposal
was scored on a combination of experience and qualifications (70% of total score) and
cost (30% of total score). Selection criteria included:
• Experience of the proposer, including references and project history;
Qualifications of the proposer, including personnel, equipment, training and
certification to perform the requested services; and
• Subject matter expertise and ability to perform the requested services.
Evaluation Scores:
Proposer
Annual Cost
3 -Year Cost
Cost
Technical
Aggregate
for Year 1
Total
Score
Score
Out of 30
Out of 70
Out of 100
California
$79,500
$243,301
12.95
36
48.95
Office
Cleaning
South
$35,000
$105,000
30
55
85
Mooring
Spectrum
$41,200
$126,000
25
65
90
Facility
Maintenance
Ultimate
$70,800
$212,400
14.83
38.33
53.16
Maintenance
Service, Inc.
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Janitorial Services Agreement with Quality Commercial Cleaning, Inc.,
DBA Spectrum Facility Maintenance for Janitorial Services at Piers and Docks
June 22, 2021
Page 3
South Mooring has provided janitorial services at the piers and docks for the past several
years; however, Spectrum Facility Maintenance provided a proposal that demonstrated a
thorough understanding of the requirements of the RFP, including its subject matter
experience, qualifications, and experience providing janitorial services at piers and docks
for several beach cities in Orange County.
Spectrum Facility Maintenance currently provides steam cleaning services for Newport
Pier and Balboa Pier through a separate, Public Works Department contract; however,
the contractor also provides cleaning services for the Huntington Beach Pier and Main
Beach in Laguna Beach. Its trucks are equipped with a clean water tank and a separate
dirty water tank, allowing the contractor to vacuum/ pump all wastewater and haul it away
for proper disposal. Greywater is prohibited in Newport Harbor per Newport Beach
Municipal Code — Title 17.
Spectrum Facility Maintenance has several crews working simultaneously in the region
to complete scheduled or on-call cleaning services. Under this agreement, the Harbor
Department will have a dedicated supervisor to oversee the assigned crew and ensure
task completion. The crew takes pictures of each work site before and after the service.
Additionally, the supervisor provides on-site walks and inspections of service.
In terms of cost, Spectrum Facility Maintenance's total proposed fixed annual cost is
slightly higher than the incumbent, however, the contractor has industry specialization,
State licensing, enhanced staffing, specific equipment and subject matter expertise to
provide a higher -caliber janitorial service for the public docks and piers in Newport Beach.
In addition to the fixed, three-year cost of $126,000, staff recommends adding $4,000 to
cover any on-call cleaning services that may be needed during the term of the agreement,
for a total not -to -exceed contact cost of $130,000.
Based on the evaluation of experience, references, pricing and understanding of
management requirements, Spectrum Facility Maintenance was selected as the most
qualified firm and is being recommended to provide janitorial services at piers and docks.
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The current adopted budget includes sufficient funding for this purchase. It will be
expensed to the Maintenance & Repair account in the Harbor Department, 10045451-
851037.
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.
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Janitorial Services Agreement with Quality Commercial Cleaning, Inc.,
DBA Spectrum Facility Maintenance for Janitorial Services at Piers and Docks
June 22, 2021
Page 4
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).
ATTACHMENT:
Attachment A — Janitorial Services Agreement with Spectrum Facility Maintenance for
Janitorial Services at Piers and Docks
ATTACHMENT A
JANITORIAL SERVICES AGREEMENT
WITH QUALITY COMMERCIAL CLEANING INC. DBA SPECTRUM FACILITY
MAINTENANCE FOR
JANITORIAL SERVICES AT PIERS AND DOCKS
THIS JANITORIAL SERVICES AGREEMENT ("Agreement") is made and entered
into as of this 22nd day of June, 2021 ("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. 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 janitorial services for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the janitorial 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 June 30, 2024, 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.
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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.
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.
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 Hundred Thirty Thousand Dollars and 001100 ($130,000.00), without prior
written amendment to the Agreement.
4.2 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.
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4.3 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.
4.4 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 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 Harbor Department. City's Harbormaster
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 MATE RIALS/STAN DARD 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
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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
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
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(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.
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.
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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 of
the type, amounts, terms and conditions described in the Insurance Requirements attached
hereto as Exhibit C, and incorporated herein by reference.
15. 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.
16. 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 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.
17. 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
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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.
18. 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.
19. 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.
20. 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.
21. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
22. CONFLICTS OF INTEREST
22.1 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.
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22.2 If subject to the Act and/or Government Code §§ 1090 et sect., 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.
23. NOTICES
23.1 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.
23.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Harbormaster
Harbor Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
23.3 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 Road
Cerritos, CA 90703
24. CLAIMS
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 fling requirements set 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. TERMINATION
25.1 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
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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.
25.2 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.
26. LABOR
26.1 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.).
26.2 Contractor shall comply with all applicable provisions of the California Labor
Code, including the Displaced Janitors Opportunity Act (Labor Code §§1060-1065).
26.3 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.
26.4 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.
26.5 To the fullest extent permitted bylaw, 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.
27. STANDARD PROVISIONS
27.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
27.2 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,
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county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
27.3 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.
27.4 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.
27.5 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.
27.6 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.
27.7 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.
27.8 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.
27.9 Controllinq 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.
27.10 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.
27.11 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.
27.12 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]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEYS OFFICE
Date: Z Zo (
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: 04 7'� By:
Aaron C. Harp Gww �e .1.ti� Brad Avery
City Attorney Mayor
ATTEST:
Date:
93
Leilani I. Brown
City Clerk
CONTRACTOR: Quality Commercial
Cleaning Inc., a California corporation
dba Spectrum Facility Maintenance
Date:
By:
Mario Costa Sr.
Chief Executive Officer and Chief
Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirement
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EXHIBIT A
SCOPE OF SERVICES
Contractor shall perform the following specific tasks for weekly and quarterly
cleaning services at the public docks in Newport Harbor:
FREQUENCY
SERVICE
Weekly
All public docks and gangways leading to the docks are
cleaned (all surfaces washed down, decks scrubbed,
rash/debris removed, fishing cut boards cleaned, exterior
housings of pumpout equipment cleaned, pile caps
cleaned, bird dropping removed, etc.)
Quarterly
Decorative fiberglass pile caps are waxed and tea
handrails on approaches and gangways are oiled.
picture of a decorative pile cap is provided below for visual
reference:
Blue Finials
mark Public
Docks
Contractor shall provide any and all supplies and materials required to perform
the requested services. The City will not provide any cleaning supplies or related
materials.
2. Contractor shall make accommodations as to ensure that water is available for
cleaning purposes. Some docks have water hookups and the selected contractor
shall be permitted to access water, but most locations have no such provisions.
3. Contractor shall remove stray trash and debris from the site — most areas do not
have access to dumpsters of any kind.
4. Contractor shall use cleaning products that are environmentally friendly, non-toxic
and biodegradable, which do not harm aquatic life, water quality or the ecosystem.
Greywater is prohibited in Newport Harbor per Municipal Code — Title 17.
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o The City recommends the following:
■ Baking soda or salt to scrub the floors, decks and other topside
areas;
■ White vinegar mixed with fresh water to clean floors
■ Cider vinegar with baby oil to polish chrome
■ Hydrogen peroxide (replacing bleach) when a whitening agent is
necessary
■ Using as little water as possible and attempting to recover wash
water by using mops or sponges. Doing so keeps the material
you've removed out of the harbor.
Service Area Maps
The following pages show the piers/docks that are covered in this Scope of
Services.
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EXHIBIT B
SCHEDULE OF BILLING RATES
Contractor shall provide the Services as outlined in the Agreement at the following
rates:
SERVICE
PRICE PER YEAR
Janitorial Services for dock locations
$41,200.00
Year 1
Janitorial Services for dock locations
$42,000.00
Year 2
Janitorial Services for dock locations
$42,800.00
Year 3
Pricing shall include labor, materials, supervision and insurance as to be compliant with
the requirements indicated in the Scope of Services.
Any additional as -needed on-call janitorial services will be provided at a rate of $35 per
hour.
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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
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page C-1 9-31
covering bodily injury and property damage for all activities of 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 each accident.
D. Pollution Liability Insurance. If required, Contractor shall maintain a policy
providing contractor's pollution liability ("CPL") coverage with a total limit of
liability of no less than one million dollars ($1,000,000) per loss and two
million dollars ($2,000,000) in the aggregate per policy period. Claims -
made policies require a 5 -year extended reporting period. The CPL policy
shall include coverage for cleanup costs, third -party bodily injury and
property damage, including loss of use of damaged property or of property
that has not been physically injured or destroyed, resulting from pollution
conditions caused by contracting operations. Coverage as required in this
paragraph shall apply to sudden and non -sudden pollution conditions
resulting from the escape or release of smoke, vapors, fumes, acids, alkalis,
toxic chemicals, liquids, or gases, waste materials, or other irritants,
contaminants, or pollutants. The CPL shall also provide coverage for
transportation and off -Site disposal of materials. The policy shall not
contain any provision or exclusion (including any so-called "insured versus
insured" exclusion or "cross -liability" exclusion) the effect of which would be
to prevent, bar, or otherwise preclude any insured or additional insured
under the policy from making a claim which would otherwise be covered by
such policy on the grounds that the claim is brought by an insured or
additional insured against an insured or additional insured under the policy.
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
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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 Agreements 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
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
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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
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
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judgment may be necessary for its proper protection and prosecution of the
Work.
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