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
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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
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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
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Attachment
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3300 Newport Boulevard, Newport Beach
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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.
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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.
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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
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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.
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7.
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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
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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
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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
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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
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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.-
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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.-
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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.
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(714) 644 -3055
(714) 962 -1324
(714) 646 -8845
(714) 497 -1733
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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
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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:
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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
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SCI 10262 (REV. 10,86) COPY FOR INSURED'S FILE - OLD 262A