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HomeMy WebLinkAbout09 - Janitorial Services for Beach & Park Restroom FacilitiesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 November 14, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department Mark Harmon, General Services Director (949) 644 -3055 mharmonOcity. newoort- beach.ca.us SUBJECT: Janitorial Services for Beach and Park Restroom Facilities ISSUE: Should the City approve the attached Janitorial Services Agreement with A -1 Spinelli Enterprises to provide weekend janitorial services for City beach and park restroom facilities and subsequently approve the attached Budget Amendment to fund the additional cost over the expiring contract? RECOMMENDATION: Award the attached Janitorial Services Agreement with A -1 Spinelli in the amount of $64,400 to provide janitorial services at City park and beach restroom facilities and subsequently approve the attached Budget Amendment in the amount of $14,896 to fund the additional cost over the expiring contract. DISCUSSION: The City of Newport Beach currently has 21 beach and park public restroom facilities located throughout the City. The scope of work in the proposed contract includes services such as trash removal, cleaning floors, cleaning restroom fixtures, and picking up litter at public restroom facilities. Per the agreement, janitorial firms must complete this work during off peak hours, on Friday and Saturday nights, between the hours of 10 PM and 7 AM. Weekend janitorial services are critical to ensuring that park and beach restroom locations stay clean and neat all year long. These services are especially Important during summer months, when the City's daytime population attracts thousands of visitors per day to our beaches and parks. To ensure that a high standard of service is maintained, specifications for the maintenance standards and schedules are detailed in the proposed agreement. Service levels will be monitored by City staff who will also review the contractor's required reports of janitorial services. Janitorial Services for Beach and Park Restroom Facilities November 14, 2006 , Page 2 The term of the contract is for two years, and, due to the large commitment of personnel and equipment required by the contract, there are three, optional one -year extensions. An annual CPI increase is included after the 2nd year of service. Experience has proven that a multi -year contract is the most cost - effective means to have maintenance work performed for both the City and the contractor. Bid Process and Analysis A Request for Proposal was mailed to a list of qualified contractors at the beginning of October. A mandatory pre -bid meeting and restroom facility tour was held on October 17, 2006 at the City Corporation Yard. Representatives from three private janitorial services firms attended the meeting and tour. The City received 3 bids for the project as follows: Contractor A -1 Spinelli Enterprises Ed Building Maintenance Unlimited Commercial Services Environmental Review: This project does not require environmental review. Public Notice: Annual Cost $70,934 This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Funding Availability Funding for this contract was included in the Fiscal Year 2006 -07 budget, but was budgeted at the existing contract cost of $42,096. This budgeted cost has remained the same since 2001, the last time the City solicited proposals for restroom janitorial services. Additionally, there have been significant cost increases for labor, materials, and resources over the last several years. Due to these factors, all of the bids received were higher than the current budget amount. A budget amendment in the amount of $14,896 is attached to cover the increased costs of the new contract for the remaining 8 months of this fiscal year. Alternatives: 1- Request additional information from staff. Submitted Mark Harmoh General Services Director Attachments: Janitorial Services for Beach and Park Restroom Facilities November 14, 2006 Page 3 Prepared by: Chris Marcarello Administrative Analyst 1- Service Agreement for Janitorial Services at City Beach and Park Public Restrooms 2- Budget Amendment SERVICE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND A -1 SPINELLI ENTERPRISES FOR JANITORIAL SERVICES AT PUBLIC RESTROOMS AT CITY BEACHES AND PARKS THIS SERVICE AGREEMENT, is made and entered into this 14"' day of November 2006 ( "Commencement Date ") by and between the CITY OF NEWPORT BEACH, a Municipal Corporation and Charter City ( "City "), and A -1 Spinelli, a California Corporation located at 370 So. Lilac Court, Anaheim Hills, 92808 ( "Contractor "), 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 the City of Newport Beach. B. In October 2006, the City issued a Request for Proposal (RFP) seeking proposals from qualified janitorial and building maintenance companies to provide janitorial services at 21 City park and beach restroom facilities during weekends. Contractor submitted the lowest bid among the firms that responded to the RFP. C. City desires to engage Contractor to provide the janitorial services as outlined in the RFP and this Agreement (the "Project "). D. Contractor and its staff possess the training, experience, expertise, and background to provide the services described in this Agreement. E. City has reviewed the previous experience of Contractor and desires to retain Contractor to render janitorial services under the terms and conditions set forth In this Agreement. F. Contractor acknowledges that City has relied upon Contractor's representations and Contractor commits to faithfully perform the services required by this Agreement and to perform the services in accordance with the terms and conditions set forth in this Agreement. G. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications relative to the type and frequency of the work to be performed, is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Unless terminated earlier in accordance with Section 26 of this Agreement, the Term of this Agreement shall be for a period of two (2) years. The term shall commence within ten (10) working days of City Council approval of this Agreement and upon the City's receipt and approval of all required bonds and insurance. The term of this Agreement shall automatically be extended for three (3) additional one (1) year terms (automatic extensions) with the extensions to automatically commence upon the expiration of the initial term or any extended term, unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate this Agreement. Time is of the essence in the performance of services under this Agreement. 2. SCOPE OF SERVICES A. Contractor shall perform the work or services set forth in the Scope of Services attached hereto as Exhibit A. These services shall be provided at the locations listed in Exhibit B. Contractor shall meet all the requirements specified in Exhibit C. Reports shall be submitted by the Contractor in accordance with Exhibit D. Bid Unit Prices and Costs are contained in Exhibit E. All of these Exhibits are considered to be a part of, and are incorporated into, this Agreement by reference. B. As a material inducement to the City for entering Into this Agreement, Contractor warrants that all work and services to be provided hereunder shall be performed in a competent, professional and satisfactory manner by an adequate level of staff with the appropriate level of training. Contractor covenants that it shall follow the highest professional standards in performing the work and services and that all equipment and supplies used will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first- class firms performing similar work under similar circumstances. 3. PERSONNEL REQUIREMENTS AND SUPERVISION A. The Contractor shall have present on the job at all times during the working hours a competent Supervisor, who shall be responsible for adherence to the specifications outlined in the Scope of Services and the cleaning requirements set forth in Exhibit C. The Supervisor shall be able to communicate effectively in the English language (both orally and in writing). Prior to the commencement of work, Contractor shall submit to the General Services Director for prior approval the name of the person intended to be employed as Supervisor for the duration of the contract, along with his qualifications and past experience. The Supervisor shall be required 2 to report regularly to the General Services Director or his or her designee, as necessary to review cleaning requirements and deficiencies. B. All contract services shall be performed by competent and experienced employees. The Contractor shall comply with all state and federal legal requirements regulating the right to work in the United States of America to ensure that all members of the work force have the legal right to perform work under this Agreement. Contractor shall make any records related thereto available to the City within ten (10) days of receiving a written request for said records by the City. C. All supervisors and lead workers must be able to communicate effectively in English (both orally and in writing). Any order given to these supervisors or lead workers shall be deemed delivered to the Contractor. D. The City reserves the right to conduct a background investigation of any employee of Contractor and to require the Contractor to remove any employee whose performance is deemed unsatisfactory in the City's sole discretion. Persons employed by the Contractor who are found unsatisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days notice from the City. E. Contractor shall be responsible for compliance with all local, state, and federal laws and regulations regarding chemical usage. Contractor shall employ or retain, at its sole cost and expense, all professional and technical personnel necessary to properly perform contract services. F. All Contractor personnel working under this Agreement shall be neat in appearance. Contractor shall provide each employee with a uniform (shirt or blouse), as approved by the General Services Director or his/her designee. All Contractor personnel shall wear identification. badges or patches. G. All work shall be performed in accordance with the highest janitorial and.building maintenance standards. H. Contractor shall provide an Operations Manager to coordinate work with the General Services Director or his/her designee and ensure satisfactory performance of contract services. A supervisor shall coordinate work crews on a dally basis to ensure compliance with the terms of this Agreement. The City will periodically inspect all work performed by the Contractor. J. Contractor shall ensure there is no lapse in service. Complete cleaning services will be required every weekend, as stated in the Agreement. 3 4. LICENSES, FEES, PERMITS AND TAXES Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 5. COMPLIANCE WITH ALL LAWS All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of the City and any Federal, State, or local governmental agency of competent jurisdiction. 6. COMPENSATION TO CONTRACTOR City shall pay Contractor the sum of Sixty Four Thousand, Four Hundred ($64,400.00) per year ( "Contract Amount ") to perform all the work and services contemplated by and described in Exhibits A through D. Payment for services shall be made to the Contractor once a month upon submission of an invoice explaining in sufficient detail the services performed. City shall pay invoices within thirty (30) days after approval of the invoice by the City. Payment shall be deemed made when deposited in the United States mail, first -class postage pre -paid, and addressed to Contractor as specified in Section entitled "Notices." Upon the second anniversary of the Commencement Date and upon each anniversary of the Commencement Date thereafter, the Contract Amount shall be adjusted in proportion to changes in the Consumer Price Index, subject to the 2.5% maximum adjustment increase set forth below. Such adjustment shall be made by multiplying the original Contract Amount by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months - preceding the calendar month for which such adjustment is to be made and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Commencement Date. For example, if the adjustment is to occur effective June 1, 2008, the index to be used for the numerator is the index for the month of March 2008 and the index to be used for the denominator is the index for the month of March preceding the Commencement Date. The "Consumer Price Index" to be used in such calculation is the Consumer Price Index, All Urban Consumers (All Items), for the Los Angeles Anaheim. Riverside Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables 0 included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Contract Amount in effect immediately preceding such adjustment. No adjustment shall be made on the first anniversary of the Commencement Date. The maximum increase to the Contract Amount, for any year where an adjustment is made in proportion to changes in the Consumer Price Index, shall not exceed 2.5% of the Contract Amount in effect immediately preceding such adjustment. 7. 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. 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 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. 8. EQUIPMENT AND CLEANING SUPPLIES At Its sole cost, the Contractor shall supply all necessary tools, equipment, and labor that may be necessary to perform the work outlined herein. Contractor shall also provide all cleaning materials and supplies, such as cleaners, liquid wax, liquid floor soap, seals, detergents, and disinfectants. All cleaning supplies and /or chemicals to be used on the job must be pre - approved by the City. Equipment used by the Contractor must be of commercial quality and in good working condition at all times. The City will furnish consumable items such as toilet paper, paper towels, toilet seat covers, sanitary napkins, disposable bags, and hand soap. However, Contractor shall provide trash liners, cleaning rags, and all other cleaning equipment. Contractor.will be responsible for securing all City supplied items and refill containers and dispensers, and shall use a sign -out log for all City supplies. 9. REPAIR/REPLACEIVIENT A. The Contractor shall adopt reasonable methods to furnish continuous protection to City property and equipment to prevent loss or damage, and shall be responsible for all such damages, to persons or property, except such loss or damage as may be caused by City's sole negligence or willful misconduct. 5 B. Contractor shall advise the General Services Director of any damage to City equipment or property immediately upon becoming aware of the damage. C. Contractor shall repair, at its sole cost and expense, any damage to City equipment or property caused by Contractor or its agents, employees, representatives or officers. 10. FAMILIARITY WITH WORK AND WORK SITE A. By executing this Agreement, Contractor warrants that Contractor. (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor warrants that Contractor has investigated the sites listed in Exhibit B and is fully acquainted with the conditions there existing, prior to commencement of services hereunder. B. City and Contractor agree that City has made no representation regarding the order or condition of any area or location for which Contractor is to provide services or that the site or location of work will be free from defects, apparent or hidden, at the commencement of, or at any time during the term of this Agreement. 11. HOLD HARMLESS To the fullest extent permitted by law, Contractor shall Indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, 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 work performed or services provided under this Agreement (including, without limitation, defects in workmanship and/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, Contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 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 M liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 12. 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of Insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Reauirements. I. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees In accordance with the laws of the State of California; however, in no event shall the Employer's Liability Insurance be less than one million dollars ($1,000,000) per occurrence. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. H. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 7 iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than two million dollars ($2,000,000) combined single limit for each occurrence. E. Endorsements. Each general liability, employer's liability and automobile liability insurance policy shall be endorsed with the following specific language: I. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogatlon against City, Its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Agreement. G. Additional 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. 13. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT A. Contractor may not assign any right or obligation of this Agreement or any interest in this Agreement without the prior written consent of City. Any attempted or purported assignment without the consent of the City shall be null and R void. Contractor acknowledges that these provisions relative to assignment are commercially reasonable and that Contractor does possess special skills, abilities, and personnel uniquely suited to the performance of contract services and any assignment of this Agreement to a third party, in whole or in part, could jeopardize the satisfactory performance of contract services. Contractor may not employ any subcontractors unless specifically authorized by City. B. 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 venture which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. 14. RECORDS AND REPORTS A. All Contractor's books and other business records, or such part as may be used in the performance of this Agreement, shall be subject to inspection and audit by any authorized City representative during regular business hours. B. Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the General Services Director or his/her designee within ten (10) days after the end of each month. C. Contractor shall keep records and invoices in connection with its work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs, including man hours, incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records. Contractor shall maintain and allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment under this Agreement. 15. ADMINISTRATION This Agreement will be administered by the General Services Department. The Facilities Maintenance Supervisor, Charles Coakley, shall be considered the City's Administrator and shall have the authority to act for the City under this Agreement. The Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered under this Agreement. 16. INCREASE OR DECREASE IN SCOPE OF SERVICES A. Contractor may be asked to perform additional janitorial and building maintenance services by the Administrator. The Administrator may give verbal authorization for additional services up to $500. Administrator shall provide Z Contractor with written authorization prior to the performance of any additional services that exceed $500. B. City reserves the right to withdraw certain park or beach restroom locations from the work to be performed by Contractor pursuant to this Agreement. City shall notify Contractor in writing of its intent to do so at least thirty (30) days prior to the effective date of withdrawal of any location. In the event a location is withdrawn from the Scope of Services, compensation to Contractor shall be reduced in accordance with the bid unit costs as specified in Exhibits E and F. In the event the location is withdrawn for a period of less than a full one (1) year term, Contractor's compensation shall be reduced on a prorated basis. 17. WORK DEFICIENCIES AND CORRECTIONS A. The Contractor's performance will be evaluated on a regular basis. When problems are identified, the City will notify Contractor. If issues are serious or go unresolved, a Notice of Deficiency will be issued to Contractor in writing. This notice will detail the issues and give a cure period to resolve them. B. Failure to correct the deficiencies listed in the Notice of Deficiency within the timeframe specified by the City may, in the Citys sole discretion, result in action being taken by the City, including, but not limited to, (a) withholding payment for the subject deficiency until the work is completed; (b) correcting the deficiency (using the City's own work force and /or by contracting out) and deducting any associated costs Plus overhead incurred thereby from the total monthly compensation due the Contractor; (c) deletion of the site(s) from the Contract and reducing the corresponding compensation for that month; (d) contracting with another Vendor to perform the maintenance and other services required for the remainder of the term of the Contract and deducting from the Contractor's total compensation under the contract any costs that City pays or becomes obligated to pay the new Contractor, including expenses City incurs over and above the monthly billing rate by the Contractor for that site; (e) terminating the agreement; and/or (f) taking any other action and exercising any other legal remedy available to the City under law. C. The City reserves the right to make appropriate deductions in payments for unsatisfactory performance or failure to perform contract duties. Payment deductions shall be based upon the Unit Prices outlined in Exhibit D. 18. DISPUTES PERTAINING TO PAYMENT FOR WORK Should any dispute arise respecting the value of the work done, or of any work omitted, or of any extra work which Contractor may be required to do, or respecting any payment to Contractor during the performance of the Agreement, such dispute shall be decided by the City Manager and his decision shall be final and binding upon Contractor and his sureties. 10 19. REIMBURSEMENT FOR EXPENSES Contractor shall not be reimbursed for any expenses unless the City approves the expense in advance in writing. 20. PERFORMANCE BOND A. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the annual Contract Amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the General Services Director. The bond, shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only.f the Contractor promptly and faithfully performs all terms and conditions of this Agreement. B. The performance bond required by this Agreement shall be satisfactory only if issued by a company qualified to do business in California, rated "A or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only If they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City. 21. LABOR A. Contractor shall conform with all applicable provisions of State and Federal law including, applicable provisions of the California Labor Code, and the Federal Fair Labor Standards Act. B. 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 notice to City, and provide all relevant information. C. Wages paid by Contractor for services provided hereunder shall be in accordance with Section 1770 of the California State Labor Code. 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 contract. 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. All parties to the contract shall be governed by all provisions of the California Labor Code Relating to prevailing wage rates (Sections 1770 -7981 Inclusive). 11 22. NONDISCRIMINATION BY CONTRACTOR Contractor represents and agrees that it does not, and will not, discriminate against any subcontractor, Contractor, employee or applicant for employment because of race, religion, color, sex, handicap, national origin, or other basis that is violative of the federal or state constitution or federal or state law. Contractor's obligation not to discriminate shall apply, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with this Project. 24. CONFLICTS OF INTEREST A. The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. The Contractor will provide a completed disclosure form noting the above. Contractor will comply with the Act and relevant City Resolutions. B. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. The Contractor shall indemnify and hold harmless the City for any claims for damages resulting from the Contractor's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement must be given in writing and will be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. Charles Coakley Facilities Maintenance Supervisor General Services Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 -3884 12 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: A -1 Spinelli Enterprises 370 So. Lilac Court Anaheim Hills, Ca 92808 26. TERMINATIONIDEFAULT A. In the event Contractor fails or refuses to timely perform any of the provisions of this Agreement in the manner required or if Contractor violates any provisions of this Agreement, Contractor shall be deemed in default. If such default is not cured within a period of two (2) working days, or if more than two (2) working days are reasonably required to cure the default and Contractor fails to give adequate assurance of due performance within two (2) working days after Contractor receives written notice of default from City, City may terminate the Agreement forthwith by giving written notice. City may, in addition to the other remedies provided in this or authorized by law, terminate this agreement by giving written notice of termination. B. This agreement may be terminated without cause by the City upon thirty (30) days written notice. Upon termination, City shall pay to Contractor that portion of compensation specked in the Agreement that is earned and unpaid prior to the effective date of termination. The Contractor may only terminate the Agreement in the event of nonpayment by the City. In the event of nonpayment by the City, Contractor shall give the City thirty (30) days written notice thereof and the City shall have fifteen (15) working days to cure the alleged breach. C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for contract services if, in the judgment of the City Manager, the level of maintenance falls below appropriate janitorial or building maintenance standards and /or Contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the City Manager determines that contract services are performed as well and as frequently as required by this Agreement. 27. COST OF LITIGATION If any legal action is necessary to enforce any provision of this Agreement or for damages by reason for an alleged breach of any provisions of this Agreement, the parties agree that attorneys' fees shall not be recoverable by the prevailing party. 13 28. WAIVER A waiver by City 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. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties and all preliminary negotiations and agreements of whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions hereon. 30. 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. 31. 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. 32. 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. 33. 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. 14 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: 0 Aaron Harp Assistant City Attorney ATTEST: 0 LaVonne. Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation 0 Don Webb, Mayor City of Newport Beach CONTRACTOR: A -1 Spinelli Enterprises By: _ Title: By: _ Title: 15 List of Exhibits Exhibit A Scope of Services Exhibit B Park and Beach Restroom Facility Locations Exhibit C Janitorial Services Cleaning Requirements Exhibit D Required Reports Exhibit E Bid Unit Costs- Friday /Saturday Nights 16 Exhibit A Scope of Services A. DESCRIPTION OF WORK Contractor shall furnish all labor, equipment, materials, and supervision to perform janitorial maintenance services at the public restrooms listed on Exhibit B. Such services shall include, but are not limited to, the following: 1. Trash removal. 2. Sweeping, cleaning and mopping all floors. 3. Cleaning and sanitizing drinking fountains and removing encrustations 4. Cleaning and sanitizing all toilets, urinals, and lavatories. 5. Dusting and cleaning restroom fixtures. 6. Sweeping and cleaning shower areas. 7. Picking up litter in entranceways and inside restroom facilities. 8. Refilling all dispensers, including toilet paper, paper towel and seat cover dispensers. 9. Refilling soap dispensers at designated sites. B. WORKING HOURS Working hours shall vary by location, with work occurring on Friday and Saturday nights, including holidays, between the hours of 10 p.m. and 7 a.m. C. LEVEL OF MAINTENANCE All work shall be performed completely and in a professional manner to the satisfaction of the City. The Contractor will perform the services in accordance with the specifications included herein. 17 D. EXTRA WORK E. No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City before the work is commenced. The Contractor will be required to provide before and after photographs of safety items or emergency repairs which were made without prior City approval. Documentation of contract compliance may be required on some occasions. The Contractor will provide the City with the names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present in the City of Newport Beach. These Contractor representatives shall respond to said emergency within thirty (30) minutes from receiving notification. F. CONTRACTOR'S OFFICE Contractor is required to maintain an office within a one (1) hour response time of the job site and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by radio or pager. Contractor shall have a maximum response time of thirty (30) minutes to all emergencies. There will be no on -site storage of equipment or materials. Contractor will have full responsibility for maintaining an office and a yard. G. SAFETY REQUIREMENT 1. 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 Facilities Maintenance Supervisor 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 of the work under this contract. All contractor vehicles shall have a "W.A.T.C.H " work area traffic control manual at all times. 2. 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 Facilities Maintenance Supervisor. IV 3. The Contractor shall have in his/her possession and be familiar with all safety regulations issued by the State Division of Industrial Safety and shall comply with these and all other applicable laws, ordinances, and regulations governing Affirmative Action programs. The Contractor shall provide all safeguards and protective devices and take any other action necessary to protect the health and safety of their employees on the job, safety of City employees and the public in connection with the performance of the work required by this contract. H. SPECIFICATIONS FOR CONTRACT JANITORIAL SERVICES The intent of these specifications is to define and control the quality of janitorial service provided to the City. 2. Contractor shall be responsible for, but not limited to, the following: a. Recruiting and training new personnel; b. Providing adequate staffing to perform the work in a safe, professional and satisfactory manner; c. Ensuring adherence to work schedules; d. Furnishing all supplies, materials and equipment necessary for the proper performance of the janitorial service; e. Maintenance or replacement of cleaning equipment; f. Providing adequate field supervision; and g. Notifying City of any personnel changes. 3. Proof of performance and adherence to these specifications shall be upon the Contractor. 4. If any product used by the Contractor contains any material which is listed on California's OSHA Director's list as hazardous, the Contractor shall provide a material safety data sheet (MSDS) (OSHA form 20), referencing the City of Newport Beach's purchase order number, to: City of Newport Beach Attn: Charles Coakley Facilities Maintenance Supervisor 3300 Newport Boulevard, Newport Beach, CA 92663 -3884. 5. The Contractor warrants that all persons employed have satisfactory past records indicating their ability to accept the kind of responsibility anticipated in this type of work. Upon receipt of notice of award from the City of Newport Beach, the Contractor IV must supply a list of the personnel who will perform the work, within fifteen (15) days, and notify the City of any personnel changes. 6. The Contractor's employees shall not remove any items from the job sites except that which has been specifically authorized by the City of Newport Beach in writing. 7. The Contractor shall provide qualified English speaking supervision in all areas of operations. The supervision shall work with City of Newport Beach personnel in planning and scheduling work for completion of tasks. 8. A schedule defining the weekend tasks will be provided to the Contractor after the contract is awarded. Failure to perform these scheduled tasks may result in termination of the contract or the withholding of payments to Contractor until services are rendered. 9. The City's Operations Support Division staff will inspect and approve each phase of the job for compliance to the specifications prior to payment. Questions may be directed to the Facilities Maintenance Supervisor, Charles Coakley, at (949) 644 -3068. 10. All work determined by the Operations Support staff to be defective or deficient in any of the requirements of the specifications shall be remedied by the Contractor at the Contractor's sole expense and in a manner acceptable to the City of Newport Beach. 11. All Cleaning supplies, materials and tools used in the performance of this Agreement shall be of good commercial quality, suitable for the purposes intended, and shall provide results necessary to provide the high standards of cleanliness required under this contract. The City shall have the right to prohibit the use of any process, material, supply or tool which may damage City property or which may be a risk to employees, the public, or others using City facilities. The following products meet the minimum standards established for performance of this work: a. All- Purpose Cleaner: Fast Act (or approved equal) b. Toilet/Urinal Cleaner /Disinfectant: Comet Cleanser (or approved equal) c. Drinking Fountain Cleaner /Disinfectant: Comet Cleanser (or approved equal) d. Stainless Steel Cleaner: Any Lemon Oil 20 12. The City shall issue such keys as necessary for access to storage areas. Contractor shall assume full responsibility for theft or loss of said keys and shall pay for re- keying all locks operated by these keys in such event. Keys shall not be duplicated. 13. Some work areas may be accessed by entrance gates (or other such security restraints). The City will issue the access codes to the Contractor. Thereafter, all costs for changing the access code due to changes in personnel or required substitution of contracts shall be paid by the Contractor and may be deducted from payments due or to become due to the Contractor. Furthermore, any alarms originating from the Contractor's operations shall also be paid by the Contractor and may be deducted from payments due or to become due to the Contractor. 14. Contractor shall lock storage doors upon completion of cleaning each facility. At no time shall Contractor or its employees enter other areas of the facility not specifically included in this contract for janitorial services. The Contractor shall close all entrance gates (or other such security restraints) when leaving the facilities. 15. Contractor shall immediately report all conditions and occurrences out of the norm to the City of Newport Beach Police Department. Including broken windows, vandalism, and /or facility damage. 16. Any unauthorized usage of City supply items by the Contractor will be grounds for immediate termination of the contract. 17. Contractor shall be fully responsible for any and all damage done to City property, equipment, or other property of the public premises that result from the Contractor's operations under this contract. 18. City shall. not be responsible for losses of Contractor's supplies, tools, or equipment. As such, Contractor acknowledges that. it is their responsibility to provide proper identification and security for such items at their own expense. 21 Exhibit B Park and Beach Restroom Facility Locations 1. Newport Pier Shower and Restroom Facility 2. 15"' Street Shower and Restroom Facility 3. Balboa Pier Shower and Restroom Facility 4. Washington Street Restroom Facility 5. 19"' Street Shower and Restroom Facility 6. 38"' Street Park Restroom Facility 7. Channel Park Restroom Facility 8. 58"' Street Restroom Facility 9. Orange Street Shower and Restroom Facility 10. Balboa Island Restroom Facility 11. Ferry Landing Restroom Facility 12. Irvine Terrace Park Restroom Facility 13. Corona Del Mar Main Beach Shower and Restroom Facilities 14. Buck Gully Restroom Facility 15. CYC Tennis Courts Restroom Facility 16. San Miguel Park Restroom Facility 17. Port Carney Restroom Facility 18. Port Westbourne Restroom Facility 19. Eastbluff Park Restroom Facility 20. Bob Henry Park Restroom Facility 21. Arroyo Park Restroom Facility `)a Exhibit C JANITORIAL SERVICES CLEANING REQUIREMENTS All of the public restroom sites listed in Exhibit B shall be cleaned nightly on Friday and Saturday nights, including holidays, between the hours of 10:00 p.m. and 7:00 a.m. Each site will be cleaned and serviced before 7:00 a.m. for the public's use. This contract is for all weekend nights — 52 weeks per year. The City of Newport Beach will fumish all the paper products that will be stocked in each of the restrooms. This will include twin saver toilet paper, c -fold paper towels, and toilet seat covers. The Contractor will not be responsible for providing any paper products. The following, are the facilities to be cleaned by the Contractor. 1) NEWPORT PIER RESTROOM AND SHOWER AREAS: This facility includes three shower areas located at the 1) west end of Newport Pier Parking Lot, by Lifeguard Tower No. 24; 2) west side of the Dory Fishing g Fleet; and 3) in the common area next to Lifeguard Access Road at 20T Street). This restroom area consists of 4 quadrants, 2 women's restrooms and 2 men's restrooms. 10 toilets -women's 6 toilets -men's 4 - urinals 4 Lavatories - women's 4 Lavatories -men's 10 Twn savr T. paper disps. 6 Twn savr T. paper disps. 2 outside twin- tiered drinking fountains • All floor areas in the four quadrants will be swept and cleaned of all debris. The floor will be mopped with a disinfectant cleaner. All outside entrances will be swept and cleaned of any trash. • All toilets, urinals, and lavatories will be cleaned and disinfected. All fixtures will be wiped down and dried. • The two drinking fountains will be cleaned, disinfected, and towel dried. • All twin saver toilet paper dispensers will be checked and refilled, if necessary, on each visit to the restroom. The tops of each dispenser will be wiped clean. The paper is stored in the pipechase area. • All three shower areas will be swept of all sand and hosed down after the sweeping. • All trash will be removed. 2) 15TH STREET RESTROOM AND SHOWER AREA. This restroom facility consists of one women's area and one men's area and a shower area. 23 3) 4) 10 toilets- women's 1 Urinal 4 Lavatories- women's 10 Twn Savr. T. paper disps. 2 C -Fold towel disps 4 toilets -men's 4 Lavatories -men's 4 Twn Savr T. paper disps. 2 C -Fold towel disps. • All floor areas inside men's and women's restrooms will be swept clean of all debris. The floor will be mopped with a disinfectant cleaner. All outside ramps and walkways will be swept and hosed down. • All toilets, urinals, and lavatories will be cleaned and disinfected. All the fixtures will be wiped down and dried. • All Twin Saver and C -Fold paper dispensers will be checked and refilled, if necessary, on each visit. The tops of each dispenser will be wiped clean. The paper is stored in the pipechase area. • The shower areas that are located near the ocean will be swept of all sand and hosed down after the sweeping. • All trash will be removed. BALBOA PIER RESTROOM, PATIO, AND SHOWER AREAS. This facility consists of one men's restroom and one women's restroom. 8 toilets- women's 6 toilets & 4 urinals — men's 2 unisex lavatories 2 unisex lavatories 8 twn Savr Disps 8 twn savr dispensers 4 drinking Fountains • All floor areas, which include the restroom, patio, and shower areas, will be swept and hosed of all sand and debris. • All toilets, urinals, and lavatories will be cleaned and disinfected. They will be wiped down and dried. • The two drinking fountains will be cleaned, disinfected, and towel dried. • All Twin Saver toilet paper dispensers will be checked and refilled, if necessary, on each visit. The tops of each dispenser will be wiped clean. The paper is stored in the pipechase area. • All trash will be removed. WASHINGTON STREET RESTROOM FACILITY. This facility consists of one men's restroom and one women's restroom. 6 Toilets- women's 3 Toilets -men's 3 urinal 3 Lavatories- women's 3 Lavatories -men's 6 Twn Savr Disps. 3 Twn Savr Disps. OZ • All floor areas in both restrooms will be swept and mopped with disinfectant cleaner. All outside entrances will be swept and cleaned of debris. • All toilets, urinals, and lavatories will be cleaned and disinfected. They will be wiped down and dried. • The drinking fountain will be cleaned, disinfected, and wiped down. • All twin saver and c fold dispensers will be checked and refilled, if necessary, on each visit. Both soap dispensers will be refilled, ff necessary. The tops of the dispensers will be wiped clean. The paper and liquid soap is stored in the pipechase area. • All trash will be removed. 5) 19TH STREET RESTROOM AND SHOWER AREAS (located next to restroom and down on the beach at 18"' Street). This facility consists of one women's restroom and one men's restroom. 2 Toilets- women's 1 Toilet -men's 1 urinal 1 Lavatory- women's 1 Lavatory-men's 2 twn savr 1 c -fold disp. 1 twn savr disp. 1 liquid soap disp.-women's 1 twin- tiered drinking fountain • All floor areas will be swept of debris and mopped with a disinfectant cleaner. All outside entrances will be swept clean of sand and debris. • All toilets, urinals, and lavatories will be cleaned and disinfected. They must also be wiped down and dried. • The drinking fountain will be cleaned, disinfected, and towel dried. • All twin saver and c -fold dispensers will checked and refilled, if necessary, on each visit. The tops of the dispensers will be wiped clean. The liquid soap dispenser in the women's restroom will be refilled on each visit. The paper is stored in the outside storage area. • The two shower areas will be swept of all sand and hosed down after sweeping. • All trash will be removed. 6) 38TH STREET PARK RESTROOM FACILITY This site consists of one women's restroom and one men's restroom. 2 toilets - women's 1 toilet -men's restroom 1 urinal 1 lavatory- women's 1 lavatory-men's restroom 2 twn savr disps - women's 1 twn savr disp -men's 1 outside twin tiered drinking fountain 25 7) M • All floor areas will be swept and hosed down with a disinfectant cleaner. All outside patio areas will be hosed down. • All toilets, urinals, and lavatories will be cleaned and disinfected. They must also be wiped down and dried. • The drinking fountain will be cleaned, disinfected, and towel dried. • All twin saver toilet paper dispensers will be checked and refilled, if necessary, on each visit. The paper is stored in the pipechase area. • All trash will be removed. CHANNEL PARK RESTROOM FACILITY. This site consists of one women's restroom and one men's restroom. 5 toilets - women's 2 lavatories - women's 5 twn savr disps - women's 3 toilets & 1 urinal - men's 2 lavatories - men's 3 twn savr disps. - men's • All floor areas, outside entrances, and walkways will be swept and hosed of any debris. • All toilets, urinals, and lavatories will be cleaned and disinfected. They will be wiped down and dried. • All twin saver dispensers will be checked and refilled at each visit. the tops of the dispensers will be wiped clean. The paper is stored in the pipechase area. • All trash will be removed. 58TH STREET RESTROOM FACILITY. This site consists of one women's restroom and one men's restroom. 5 toilets - women's 2 lavatories - women's 5 twn savr disps. - women's 1 outside drinking fountain 3 toilets & 1 urinal - men's 2 lavatories - men's 3 twn savr. disps. - men's • All floor areas, outside entrances, and walkways will be swept and hosed of any debris. • All toilets, urinals, and lavatories will be cleaned and disinfected. They will be wiped down and dried. • All twin saver dispensers will be checked and refilled at each visit. The tops of the dispensers will be wiped clean. The paper is stored in the pipechase area. • The outside drinking fountain will be cleaned, disinfected, and towel dried. • All trash will be removed. 26 9) ORANGE STREET SHOWER AND RESTROOM FACILITY. This site consists of one women's restroom and one men's restroom. The shower area is attached to the outside of the building. 5 toilets - women's 3 toilets & 1 urinal - men's 2 lavatories - women's 2 lavatories - men's 5 twn savr disps: women's 3 twn savr. Disps - men's 1 outside twin tiered drinking fountain • All floor areas, outside entrances, and walkways will be swept and hosed of all sand and debris. • All toilets, urinals, and lavatories will be cleaned and disinfected. They will be wiped down and dried. • All twin saver dispensers will be checked and refilled at each visit. the tops of the dispensers will be wiped clean. The paper is stored inside the pipechase. • The outside drinking fountain will be cleaned, disinfected, and towel dried. • The outside shower area will also be hosed completely clean of sand. • All trash will be removed. 10) BALBOA ISLAND RESTROOM FACILITY. This site consists of one women's restroom and one men's restroom. 1 toilet - women's 1 lavatory - women's 2 twn savr. disps. 1 liquid soap dispenser 1 toilet - men's 1 lavatory -men's 1 twn savr dispenser 1 liquid soap dispenser • All floor areas will be swept and mopped with disinfectant. • All toilets and lavatories will be cleaned and disinfected. They will be wiped and dried. • All twin saver toilet paper dispensers will be checked and refilled. The tops of each dispenser will be wiped clean. The paper and liquid soap will be stored at the Irvine Terrace facility's storage room. • The liquid soap dispensers will be refilled at each visit to this site. • All trash will be removed. 27 11) FERRY LANDING RESTROOM FACILITY. This site consists of two unisex restrooms. 2 toilets 2 lavatories 2 twn . savr dispensers 2 c -fold dispensers 2 liquid soap dispensers • All floor areas are to swept and mopped with disinfectant cleaner. All outside areas to be swept of all debris. • All toilets and lavatories will be cleaned and disinfected, wiped down and dried. • All twin saver and c -fold dispensers will be refilled on each visit. The tops of all dispensers will be wiped clean. All soap dispensers will be filled at each visit. The paper for this facility is stored at Irvine Terrace Park. • All trash will be removed. 12) IRVINE TERRACE PARK RESTROOM FACILITY. This site consists of one men's restroom and one women's restroom. 3 toilets - women's 1 lav: women's 3 twn savr disps. - women's 1 c -fold disp: women's 1 liq. soap disp: women's 1 outside twin- tiered drinking fountain 1toilet & 1 urinal -men's 1 lav: men's 1 twn savr disp. -men's 1 c -fold disp: men's 1 liq. soap disp. -men's • All floor areas will be swept and mopped with disinfectant cleaner. all outside areas will be swept clean. • All toilets, urinals, and lays will be cleaned and disinfected. They will all be wiped down and dried. • The outside drinking, fountain will be cleaned, disinfected, and towel dried. • All twin saver and c- fold dispensers will be refilled on each visit. the tips of each dispenser will be wiped clean. The paper is stored in the storeroom. • All trash will be removed: 13) CORONA DEL MAR MAIN BEACH RESTROOM AND SHOWER FACILITES. This site consists of two separate sites. The facility is located near the entrance to the bay and consists of one men's restroom, one women's restroom, and a shower facility that is located in front of the M. restroom on the beach. The east facility is located near lifeguard tower #4. It consists of one men's restroom and dressing room, and one's women's restroom and dressing room. The shower area is located on the beach in front of the building. WEST FACILITY 6 toilets - women's 2 lays- women's 6 twn savr disps. - women's 1 outside twin tiered drinking fountain 1 outside shower area EAST FACILITY 6 toilets - women's 2 lays- women's 5 twn savr disps. - women's 1 outside drinking fountain 1 outside shower area 3 toilets 2- urinals -men's 1 lays -men's 3 twn savr disps. -MEN'S 3 toilets 2- urinals -men's 1 lays -men's 3 twn savr disps. -men's 1 outside drinking fountain • All floor areas in each building will be swept and cleaned of any debris. All inside and outside areas will be hosed of all sand (inside areas will be disinfected). • All toilets, urinals, and lavatories will be cleaned and disinfected. They will be wiped down and dried. • All drinking fountains will be cleaned, disinfected, and towel dried. • All twin saver dispensers will be refilled on each visit. The tops of each dispenser will be wiped clean. The paper is stored in each building pipechase. • All shower areas will be swept of all sand and hosed down after sweeping. • All trash will be removed. 14) BUCK GULLY RESTROOM FACILITY (also known as "Little Corona Beach. ") This site consists of one men's restroom and one women's restroom. 3 toilets - women's 1 toilet & 1 urinal - men's 1 lav -women's 1 lavatory - men's 3 twn savr. disps. - women's 1 twn savr disp.- men's 1 c -fold disp - women's 1 c -fold dispense - men's 1 liq. soap disp.- women's 1 liquid soap dispenser - men's 1 outside twin- tiered drinking fountain • All inside and outside areas will be swept and hosed of any sand or. debris. The inside floor areas will be disinfected. 29 15) 16) • All toilets, urinals, and lays will be cleaned and disinfected. They will be wiped down and dried. • The outside drinking fountain will be cleaned, disinfected, and towel dried. • All dispensers will be filled on each visit (paper and soap). The tops of each dispenser will be wiped clean. The paper is stored in the pipechase area. • All trash will be removed. CYC TENNIS COURTS RESTROOM FACILITY. This site consists of one men's restroom and one women's restroom. 5 toilets - women's 2 lays- women's 5 twn savr disps- women's 1 outside drinking fountain 3 toilets & 1 urinal -men's 2 lays -men's 3 twn savr disps -men's • All inside and outside areas will be swept and hosed of any sand or debris. The inside floor areas will be disinfected. • All toilets, urinals, and lays will be cleaned and disinfected. They will be wiped down and dried. • The outside drinking fountain will be cleaned, disinfected, and towel dried. • All dispensers will be filled on each visit. The tops of each dispenser will be wiped clean. The paper is stored in the pipechase area. • All trash will be removed. SAN MIGUEL PARK RESTROOM FACILITY. This site consists of one men's restroom and one women's restroom. 3 toilets - women's 1 lavatory - women's 3 twn savr disps. - women's 1 outside drinking fountain 1 toilet & 1 urinal - men's 1 lavatory - men's 1 twn savr disp: men's • All inside and outside areas will be swept and hosed of any sand or debris. The inside floor areas will be disinfected. • All toilets, urinals, and lays will be cleaned and disinfected. They will be wiped down and dried. • The outside drinking fountain will be cleaned, disinfected, and towel dried. • All dispensers will be filled on each visit. the tops of each dispenser will be wiped clean. The paper is stored in the pipechase area. e All trash will be removed. 30 17) 18) 19) PORT CARNEY RESTROOM FACILITY. This site consists of one men's restroom and one women's restroom. 2 toilets- women's 1 lav- women's 2 twn savr disps. - women's 1 outside drinking fountain 1 toilet 1- urinal -men's 1 lav -men's 1 twn savr disp: men's • All inside and outside areas will be swept and hosed of any sand or debris. The inside floor areas will be disinfected. • All toilets, urinals, and lays will be cleaned and disinfected. They will be wiped down and dried. • The outside drinking fountain.will be cleaned, disinfected, and towel dried. • All dispensers will be filled on each visit. The tops of each dispenser will be wiped clean. The paper is stored in the storeroom. • All trash will be removed. PORT WESTBOURNE RESTROOM FACILITY. This site consists of one men's restroom and one women's restroom. 2 toilets- women's restroom 1 lav- women's restroom 2 twn savr disps - women's 1- outside drinking fountain 1- toilet 1 urinal -men's 1 lav -men's 1 -twn savr disp -men's • All inside and outside areas will be swept and hosed of any sand or debris. The Inside floor areas will be disinfected. • All toilets, urinals, and lays will be cleaned and disinfected. They will be wiped down and dried. • The outside drinking fountain will be cleaned, disinfected, and towel dried. • All dispensers will be filled on each visit. The tops of each dispenser will be wiped clean. The paper is stored in the storeroom. • All trash will be removed. EASTBLUFF PARK RESTROOM FACILITY. This site consists of one men's restroom and one women's restroom. 5- toilets- women's restroom 3- toilets 1 urinal -men's restroom 2 -lays- women's restroom 2 -lays -men's restroom 5 -twn savr disps - women's restroom 3 -twn savr disps -men's restroom 1- outside drinking fountain 31 20) 21) • All inside and outside areas will be swept and hosed of any sand or debris. The inside floor areas will be disinfected. • All toilets, urinals, and lays will be cleaned and disinfected. They will be wiped down and dried. • The outside drinking fountain will be cleaned, disinfected, and towel dried. • All dispensers will be filled on each visit. The tops of each dispenser will be wiped clean. The paper is stored in the pipechase. • All trash will be removed. BOB HENRY PARK RESTROOM FACILITY. This site consists of one men's restroom and one women's restroom. 5 toilets - women's restroom 2 lavatory - women's restroom 5 twn savr disps.women's 1 outside drinking fountain 3 toilets & 2 urinals - men's restroom 2 lavatories - men's restroom 3 twn savr disps. — men's restroom • All inside and outside areas will be swept and hosed of any sand or debris. The inside floor areas will be disinfected. • All toilets, urinals, and lavatories will be cleaned and disinfected. They will be wiped down and dried. • The outside drinking fountain will be cleaned, disinfected, and towel dried. • All dispensers will be filled on each visit. The tops of each dispenser will be wiped clean. The paper is stored in the pipechase. • All trash will be removed. ARROYO PARK RESTROOM FACILITY. This site consists of one men's restroom and one women's restroom. 3 toilets - women's restroom 2 lays - women's restroom 1 outside drinking fountain 2 toilets - men's restroom 2 lays - men's restroom 2 urinals - men's restroom • All inside and outside areas will be swept and hosed of any sand or debris. The inside floor areas will be disinfected. • All toilets, urinals, and lavatories will be cleaned and disinfected. They will be wiped down and dried. • The outside drinking fountain will be cleaned, disinfected, and towel dried. • All dispensers will be filled on each visit. The tops of each dispenser will be wiped clean. The paper is stored in the outside storage room. • All trash will be removed. 32 Exhibit E Bid Unit Costs Restroom Cleaning Services - Friday and Saturday Nights (52 Weekends: Between 10:00 PM and 7:00 AM) Total Cost: Friday /Saturday Nights (including holidays) $ 64,400' F:userst CAT / Shared /AG/Maintenance/Janitorial Contract — Beaches and Parks.com 34 Amount Per Year Amount Per Year Location (FridaylSaturday Nights) Location (Friday /Saturday Night Newport Pier $ 0,450 Ferry Landing $ 3,500 15th Street $ 0,450 Irvine Terrace $ 1,000 Balboa Pier $ 0,450 CdM Main Beach $ 0,450 Washington Street $ 3,500 Buck Gully $ 3,500 19th Street $ 1,000 CYC Tennis Courts $ 1,000 38th Street $ 1,600 San Miguel Park $ 1,000 Channel Park $ 1,600 Port Carney $ 1,000 58th Street $ 3,500 Port Westbume $ 1,000 Orange Street $ 3,500 Eastbluff Park $ 1,000 Balboa Island $ 3,500 Bob Henry Park $ 1,000 Arroyo Park. $ 1,600 Total Cost: Friday /Saturday Nights (including holidays) $ 64,400' F:userst CAT / Shared /AG/Maintenance/Janitorial Contract — Beaches and Parks.com 34 City of Newport Beach NO. BA- 07BA -023 BUDGET AMENDMENT 2006-07 AMOUNT: $1a,sss.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance �X Increase Expenditure Appropriations NAND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations to enter into a contract for janitorial services for City beach and park restroom facilities. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Description Description 3140 General Services - Operations Support 8081 Services - Janitorial Findncial Approval: Administ t Services Director Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $14,896.00 - * Automada $14,896.00 7-& K Date. Date