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HomeMy WebLinkAboutC-2758 - Janitorial Maintenance Services at the Newport Beach City LibrariesCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644`-05 l/ I ' T0: FINANCE DIRECTOR /V FROM: CITY CLERK DATE: July 18, 1989 SUBJECT: Contract No. C -2758 Description of Contract Janitorial Maintenance Services at the Newport Beach City Libraries i Effective date of Contract August 9, 1989 Authorized by Minute Action, approved on July 10 1989 Contract with Ed Building Maintenance Address 550 Cameron Crest Drive Diamond Bar, CA.91765 Amount of Contract (See Agreement) _ Wanda E. Raggio Q City Clerk WER:pm Attachment iZGiA 7 J, -a6 - f3 3300 Newport Boulevard, Newport Beach L/ (3. i COUNCIL AGENDA NO. F-3(d) NEWPORT BEACH PUBLIC LIBRARY 856 SAN CLEMENTE DRIVE • NEWPORT BEACH, CA 92660 • (714) 644 -3177 June 29, 1989 CY 7. r 1ITY COUNCIL To: Robert L. Wynn, City Manager CITY A "lZROCT 3FACII From: LaDonna T. Kienitz City ibrarian JUL 10 1989 y APPRA17 7 RE: Ed Building Maintenance C 2 7sg' The Library Department hereby submits for approval a Contract for maintenance service with Ed Building Main- tenance. The Contract has been approved by the City Attorney's office. Annual cost of the contract services for the four facilities is $37,200, which is budgeted. Ed Building Maintenance is currently providing service for the City Hall facility and has been recommended by other City Departments. The contract with the current provider, Reliable Maintenance Service, expires August 8, 1989. 7a CONTRACTOR AGREEMENT THIS AGREEMENT, entered into this 9th day of August, 1989, by and between CITY OF NEWPORT BEACH, a municipal corporation (hereinafter referred to as "City "), and Ed Building Maintenance whose address is 550 Cameron Crest Drive, Diamond Bar, California, 91765, (hereinafter referred to as "Contractor "), 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. B. City and Contractor desire to enter into an agreement for janitorial maintenance services at the Newport Beach City Libraries: Newport Center Branch (including administration offices), Balboa Branch, Corona Del Mar Branch, Mariners Branch Library, upon the terms and conditions herein. 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 9th day of August, 1989, and shall continue in effect until terminated as provided in Paragraph 11 of this Agreement, whichever occurs first. 1 9 0 2. SERVICES TO BE PERFORMED: Contractor shall perform each and every service set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. The initial contract price for services shall remain in effect for a minimum of twelve (12) months from the commencement date of this Agreement. 3. COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. 4. STANDARD OF CARE: Contractor agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. 5. INDEPENDENT PARTIES: City and Contractor intend that the relation between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees, including but not 2 9 limited to unemployment insurance, workers'. compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer - employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. 6. HOLD HARMLESS: Contractor shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to Contractor's negligent performance of services or work conducted or performed pursuant to this Agreement. Contractor shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, equipment or supplies arising from or in any manner connected to the Contractor's negligent performance of services or work conducted or performed pursuant to this Agreement. 3 7. • On or before the commencement of the term of this Agreement, Contractor shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 7A, B, C and D. Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be cancelled or coverage reduced before the expiration date thereof, the insurer afforded coverage shall provide thirty (30) days' advance notice to the City of Newport Beach by certified mail, Attention: City Librarian." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. A. COVERAGE: Contractor shall maintain the following insurance coverage: California. (1) Worker's Compensation: Statutory coverage as required by the State of (2) Liabili ty: Comprehensive general coverage in the following minimum limits: C! Bodily Injury: $500,000 each occurrence $1,000,000 aggregate products /completed operations $1,000,000 aggregate - all other (if applicable) Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits shown above. B. SUBROGATION WAIVER: Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right of subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the 0 E, Contractor for the costs of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. 8. PROHIBITION AGAINST TRANSFERS: Contractor shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the R 0 0 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, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. 9. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. 10. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall 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. All notices, demands, requests, or approvals from Contractor to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, CA 92658 -8915 Attention: City Librarian All notices, demands, requests, or approvals from City to Contractor shall be addressed to Contractor at: Ed Building Maintenance 550 Cameron Crest Drive Diamond Bar, California 91765 7 • E 11. TERMINATION: In the event Contractor hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Contractor from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Contractor written notice thereof. Each party shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving thirty (30) days' prior written notice to the other party as.provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 12. COST OF LITIGATION: If any legal action is necessary to enforce any provision hereof or for damages by reason for an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 13. COMPLIANCES• Contractor shall comply with all laws, state or federal E:3 and all ordinances, rules and regulations enacted or issued by City. 14. 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. 15. 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 hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH, a munici al corporation BY: al AP OVED AS TO FORM: Mayor $b Nuilding saintmanre Janitorial Service For The Particular MD May 26th., 1989 City of Newport Beach 3300 Newport Blv. Newport Beach - Cal. Att. John Raggio Gentlemen: 550 CAMERON CREST DRIVE DIAMOND BAR, CALIFORNIA 91765 Telephone (714) 861 -4670 We sincerily appreciate the oportunity given to us so submit for your consideration this proposal for janitorial services at all four facilities of your Public Libraries System. - Services will be performed according with specifications attached to this bid, six nights per week (seven at Newport Center Branch during Sep- June), by carefully selected couples under our direct supervision, for the sum of $ 3.100.00 per month. - Hopping that you'll find this satisfactory, we remain at your services.- L i JANITORIAL SERVICES SPECIFICATIONS FOR NEWPORT BEACH LIBRARY SYSTEM AREAS COVER BY THIS CONTRACT Balboa Branch - 100 E. Balboa Blv. Corona del Mar Branch - 420 Marigold Ave. Mariners Branch - 2005 Doover Drive Newport Center Branch /Aministrative Offices - 856 San Clemente Dr. WORK SCHEDULE Six nights per week, except Newport Center Branch, where seven nights will be required part of the year. - Services will be provided after 9.00 P.M., and special attention will be given in case of late meetings or public functions.- SERVICES TO BE PERFORMED Carpet 1) Thoroughly vacuum daily 2) Spot cleaned daily 3) Shampoo every six months Resiliant floors 4) Sweep daily with Kex tipe tool 5) Mopped daily 6) Buffed weekly 7) Stripped and waxed every six months RESTROOMS 8) Toilet bowls to be clean inside and out daily 9) Sink and fixtures to be clean daily 10) Partitions to be cleaned daily, grafitti as needed 11) Fingerprint and smudges to be remuved from doors daily 12) All metal dispensers to be cleaned daily 13) Mirrors to be cleaned daily 14) Replenish daily paper towel, toilet paper, soap, seat covers, etc. 15) Trash receptacles to be emptied daily, replace liners as needed 16) Floors to be mopped with disinfectant daily KITCHEN AREAS 17) Sink to be cleaned daily 18) Counter and surrounding area to be cleaned daily 19) Trash receptacles to be emptied and liners replace as needed 20) Tables to be wash daily 21) Hand towel dispenser to be replenish daily LIBRARY AREA 22) Circulation desk and other desk as needed, to be cleaned daily 23) All desk to be polish weekly (material to be removed by employees) 24) Telephones to be cleaned daily with disinfectant 25) Water fountains to be sanitize and polish daily 26) Glass at entrance doors to be wash daily 27) Trash receptacles to be emptied daily, liners replaced as needed 28) Shelves, bookcases, etc., to be dusted daily 29) All staff office desks, telephones, etc. to be cleaned daily 30) Venetian blinds to be clean semi - annually 31) All windows to be wash semi - annually GENERAL CONSIDERATIONS: Systems and materials will be selected taking in consideration safety as well as apperance.- The above specifications shall be the criterion used by us to perform this task, but will remain flexible, so if any particular area needs more attention than proposed, we will perform the necesary task to satisfy the need as if written in this contract.- r� u INSURANCE ED BUILDING MAINTENANCE carries full insurance coverage with limits up to $500,000. Our employees are covered under a Fidelity Bond. We pay all Federal Old Age Benefit Taxes, State Unemployment and Workmen's Compensation Insurance. Certificates are available upon request. EQUIPMENT AND MATERIALS ED BUILDING MAINTENANCE agrees to furnish all the necessary equipment to perform this work, such as polishing machines, buckets, mops, etc.; and all materials, such as soap, wax, detergents, etc. Bathroom supplies, such as paper towels, toilet paper, etc., are not included in this contract.. EMPLOYEES Pre - trained, carefully screened personnel will be furnished. All personnel shall be thoroughly investigated, and only those whose records indicate their ability to perform the kind of work anticipated from them will be allowed to work. No employee drinking alcohol or under the influence of alcohol will be allowed on the premises. All work will be performed under the supervision of a supervisor. PERFORMANCE GUARANTY One person, assigned by the customer with the approval of ED BUILDING MAINTENANCE, will judge the performance of the contractor; reserving the right to deduct a portion of the regular fee when the service is incomplete and /or unsatisfactory. The portion so deducted shall be the best estimate of value of the work not performed. KEYS ED BUILDING MAINTENANCE will be responsible for all keys issued to permit the cleaning of the building. In the event any one of them becomes lost or misplaced, ED BUILDING MAINTENANCE agrees to pay the cost of rekeying the locks that were operable by the key lost. MODIFICATION OR TERMINATION This contract may be changed at any time by mutual agree- ment, or terminated by either party given written notice 24 hours before cancellation. REFERENCES A partial list of our customers will be furnished upon request. REFERENCES City of Newport Beach Frank Holmberg 3300 Newport Blv. Newport Beach - Cal. Fountain Valley Library Head Librarian 17567 Los Alamos St. Fountain Valley - Cal. Costa Mesa Library Dolores Madrigal 1855 Park Ave. Costa Mesa - Cal. Laguna Beach Library Gladis DeLorenzo 363 Gleneyre Laguna Beach - Cal. 11 (714) 644 -3055 (714) 962 -1324 (714) 646 -8845 (714) 497 -1733 j . ACORDICERTIFICATE- OF- INSURA� (ACORD 255 - 03/88) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER "rHE COVERAGE AFFORDED BY THE POLICIES BELOW. NAME AND ADDRESS OF AGENCY: H.L.ELTERMAN INSURANCE P. O. BOX 188 15707 E. IMPERIAL HWY "C" LA MIRADA, CA 90637 :NAME AND ADDRESS OF INSURED: Eds Building Maintenance 550 Cameron Crest Dr. Diamond Bar. Ca 91765 COMPANIES AFFORDING COVERAGE: COMPANY A: FIREMAN'S FUND COMPANY B: SAFECO COMPANY C: COMPANY D: COMPANY E: ===== COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS OF LIABILITY :COMP TYPE POLICY NUMBER IN THOUSANDS (000) ;LETTER OF INSURANCE EFFECTIVE /EXPIRATION DATE A GENERAL LIABILITY MXC 80118665 X COMMERCIAL GENERAL 07/01/89 TO 07/01/90 LIABILITY GENERAL AGGREGATE: $ 1,DU0 CLAIMS MADE X OCCURRENCE PRODUCTS COMP /OPS AGG: $ 1,000 OWNERS & CONTRACTORS PROTECTIVE PERSONAL & ADVERTISING INJURY: $ 1,000 EACH OCCURRENCE: $ 1,000 FIRE DAMAGE (ANY 1 FIRE): $ 50 MEDICAL EXPENSE (ANY 1 PERSON): $ 5 i B AUTOMOBILE LIABILITY BA 8139072 I ANY AUTO 01 /01/89 TO 01/01/90 CSL: $ 11000 X ALL OWNED AUTOS 51, SCHEDULED AUTOS (EACH PERSON) HIRED AUTOS NON -OWNED AUTOS BI: GARAGE LIABILITY (EACH ACCIDENT) PROPERTY DAMAGE: ACORD- CERTIFICATE OF INSURANCE - PAGE 2 COMP TYPE LETTER OF INSURANCE EXCESS LIABILITY OTHER THAN UMBRELLA FORM POLICY NUMBER EFFECTIVE %EXPIRATION DATE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER TO TO TO 0 LIMITS OF LIABILITY IN THOUSANDS (000) EA. OCCUR. /AGGREGATE "STATUTORY` EACH ACCIDENT: DISEASE POLICY LIMIT: DISEASE EACH EMPLOYEE: IDESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS: 1 = == == CANCELLATION ----------------------- ---- --- --------------- - - - - -- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. = = = == CERTIFICATE HOLDER CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. P.O.BOX 1768 NEWPORT BEACH,CA 92658 -8915 DATE ISSUED: 07 /13/89 AUTHORIZED REPRESENTATIVE r 0 0 STATE P.O. BOX 807, SAN FRANCISCO, CA 94101 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORK MPENSATION INSURANCE J u N li Lb, 1989 POLICY NUMBER: CERTIFICATE EXPIRES: r- 6111 OF NrIWOOK'1` BEACH SSUU NEWi'ui<f BLVD. e.u. LUX L106 = N i.w k'UKL 6-rA':h, i.A 72076 -67iJ AY: i, i;NEKAL br KJ i-" -,S Di K E 6 T L 100497 67 7 -1 -70 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below fol the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. PRESIDENT r L EMPLOYER r D':, DO LDING gal ii itkAiC; b, 77U CA:iGKON CK—'z f DKLVE Ditla)UND Bak CA 71705 SCI 10262 (REV. 10,86) COPY FOR INSURED'S FILE - OLD 262A