Loading...
HomeMy WebLinkAboutC-2774 - Contractor Agreement (for City Yard Cleaning)o THIS AGREEMENT, entered into this day of September, 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 Yard Complex, 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 1st day of November, 1989, and shall continue in effect until the date of November 1, 2014 or termination as provided in Paragraph 11 of this Agreement, whichever occurs first. 1 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 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. 7 0 7. 0 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: General Services Director." 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: (1) Worker's Compensation: Statutory coverage as required by the State of California. (2) Liability Comprehensive general coverage in the following minimum limits: 4 Bodily Injury: $500,000 each occurrence $ 1, 0 0 0, 0 0 0 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 CONTRACTOR for the costs of the insurance premiums at the 5 0 0 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 interest of any general partner or joint venturer or N 0 0 syndicate member or co- tenant if CONTRACTOR. is a partnership or joint venture or syndicate or co- tenancy, 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, California 92659 -1768 Attention: General Services Director 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 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. 0 13. COMPLIANCES• CONTRACTOR shall comply with all laws, state or federal 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. 2 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 Municipal Corporation By:_ &A Mayor APPROVED AS TO FORM: ity Attorney ED BUILDING MAINTENANCE By: �l ATTEST: CityClerk 0 n S EDBLDG . AGT 9/5/89 10 Ed 'Nnilding Maint matt ip C%D Janitorial Service For The Particular C-%"D 550 CAMERON CREST DRIVE DIAMOND BAR, CALIFORNIA 81765 Telephone 17141 861 -4670 September 5th., 1989 City of Newport Beach 3300 Newport Blvd. Newport Beach - Cal. Att. Mr. Frank E. Holmberg Deputy Grla. Serv. Director Gentlemen: We would like to thank you for the oppportunity given to us to submit the enclosed bid for janitorial services at your City Yard Buildings, at 592 Superior Ave., Newport Beach. - Services will be performed according with attached specifications, five days per week, following instruction received from Mr. Holmberg and Mr. Raggio during our recent survey of the premises.- Our quotation for the above service is $ 1.450.00 per month. - Hopping that our proposal will meet with your approval, we remain at your services INSURANCE Proff of insurance at file with City Clerk, Miss Wanda E. Raggio.- SUPPLIES Ed Building Maintenance will supply all products and equipment necesary to perform the cleaning, including buckets, ringers, vacuum cleaners, soap wax, etc.etc. City will provide restroom supplies, such as toilet paper, paper towels, seat covers, etc. SALARIES AND OTHERS MISCELLANEOUS The employees of Ed Building Maintenance will not be consider employees of City of Newport Beach. - Ed Building Maintenance will be responsable for all wages and fringe be- nefit, Insurance, Uniforms, and all expenses related to its employees du- ring the performance of this contract.- SUPERVISION Mr. Frank E. Holmberg or his assignee will monitor the performance of contractor during the duration of this contract.- KEY Ed Building Maintenance will be responsable for all keys in its posetion and will return them at termination of contract.- SYSTEM AND PROCEDURES All material used in the performance of this contract will be chosen taking in consideration safety as well as apperance.- Work to be perform according with standard practices in the industry to in- sure a clean and safe enviroment.- 2 JANITORIAL SERVICES T �• i ( "'re ly) 21. Dust mop or, vacuum interior entrances 22. Polish entrance metal A 1. DAILY SERVICE • FIVE (5) DAYS PER WEEK 1. Vacuum all carpeted areas 2. Spot mop composition floors <. 3. Spot carpet for spills and stains , 4. Dust desks, chairs and all other office furniture 5. Clean glass table tops 6. Dust desk accessories 7. Clean all sand urns 8. Damp wipe all ashtrays 9. Properly position furniture in offices 10. Empty all waste baskets and carry trash to pick -up area 11. Install plastic waste basket liners and replace as necessary 12. Spot clean partitions and door glass 13. Spot clean doors,.door frames and counters for finger prints and smudges 14. Spot clean around wall switches 15. Polish drinking fountains 16. Polish all chrome handrails and fixtures 17. Check doors and windows upon completion of work assignments 18. Leave on only designated lights 19. Wipe out waste baskets as needed -.2&.- d ( "'re ly) 21. Dust mop or, vacuum interior entrances 22. Polish entrance metal a I ` 27 1 a I ` 27 X �A WEEKLY SERVICE 1. Damp mop all composite floors 2. Detail vacuum all carpeting 3. Dubt ledges and window sills 4. Perform low dusting 5. Remove fingerprints from woodwork. walls and partitions 6.. Remove debris from plantersor shrub areas 7. Lift and vacuum under plastic carpet liners 8. Dust picture frames 9. Polish.wooden furniture .•Ill. MONTHLY SERVICE 1. Perform high dust(i-.e., door sashes and tops. of partitions) 2. Brush down wall and ceiling vents 3. Machine scrub and re-apply floor finish 4. Wipe down plastic and leather furniture 5. Thoroughly vacuum upholstered furniture 6. Dust venetian blinds IV. QUARTERLY SERVICE 1. Dust light fixtures V. B*mAMAL SERVICE 1. Vacuum drapes 2. Brush down walls 3. Sdj*Aipvv cAKe-=t-x i II.. WEEKLY SERVICE 1. Brush down vents III. MONTHLY SERVICE 1. Machine scrub and re -apply floor finish RESTROOM SERVICE I. DAILY SERVICE - FIVE (5) DAYS PER 4�EEK tt Empty and wipe out all waste paper receptacles 2. Empty sanitary napkin containe.Fo.and replace paper inserts 3. Polish all metal and mirrors' +, 1� 4. Clean and polish all dispensers 5. Clean and disinfect wash basins, toilet bowls and urinals 6.. Disinfect underside and.tops of toilets seats 7. Spot clean tile walla and toilet partitions S: Spot clean walla around wash basins 1] 9. Clean floors with a germicidal solution - 10. Refill soap; towel, tissue,seat covers and sanitary product dispensers 11. Damp mop floors with a disinfectant solution i II.. WEEKLY SERVICE 1. Brush down vents III. MONTHLY SERVICE 1. Machine scrub and re -apply floor finish j ._I A i SPECIAL PROCEDURES All cleaning.personnel will report any damage, breakage and /or plumbing problems immediately to commercial Maintenance Systems Might supervisors. Day management will, in turn, notify you of any relevant information. If then-problem is urgent, you will be notified immediately. • i� SERVICE DEPARTMENT i Our Service Department switchboard is open.24 hours per day. For any information, special services, or for any emergency, call (714) 546 -3223. IJ r1 • I ' I_ U J l ".. �•>: ::.awn.._....,r.L�.:..: i..:.... � .. a. •...w LLpM1TRif.�L• r . .: ..: ..... .... ... .: q...n. ... 9 Established in 1965, we service Los Angeles and Orange Counties. Member of American Institute of Maintenance. Member of the La Mirada Chamber of Commerce. An Equal Opportunity Employer, we comply with all state and federal employment regulations. We meet insurance and bond requirements with limits up to $1,000,000.00. Certificates provided upon request. Ed Building Maintenance provides 24 hours switchboard and radio communication. Because of an emergency or any other reason, you will be in touch with one of the principals of the company immediately; any time of the day or night. Only pre - trained, carefully screened personnel will be furnished. All personnel shall be thoroughly investigated, and only those whose records indicate their ability to perform the kind of work anticipated from them will be allowed in your premises. We hire only full time workers. Pride of workmanship is subscribed to by every employee and guarantee in writing by Ed Building Maintenance. As a result of this written guarantee, you will have the right to deduct a portion of our fees if services are incomplete and/or unsatisfactory. A contract with Ed building Maintenance brings with it a company that will remove the janitorial problems from your own realm of concern. We'll see to it that you are not reminded of these problems, or your money back! "�%V o RAOBRDCEERTITCETEEOBFIZNUi &EE(AAOBRD299S -- 00288$) • 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 THE COVERAGE AFFORDED BY THE POLICIES BELOW. NAME AND ADDRESS OF AGENCY: H.L.ELTERMAN INSURANCE P. 0. 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: $ 1,000 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 B AUTOMOBILE LIABILITY BA 8139072 ANY AUTO 01/01/89 TO 01 /01/90 CSL: $ 1,000 X ALL OWNED AUTOS BI: SCHEDULED AUTOS (EACH PERSON) HIRED AUTOS NON -OWNED AUTOS BI: GARAGE LIABILITY (EACH ACCIDENT) PROPERTY DAMAGE: ACORD CERTIFICATE OF INSURANCE - PAGE 2 LIMITS OF LIABILITY COMP TYPE POLICY NUMBER IN THOUSANDS (000) LETTER OF INSURANCE EFFECTIVE /EXPIRATION DATE EA. OCCUR. /AGGREGATE EXCESS LIABILITY TO OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND *STATUTORY* EMPLOYERS' LIABILITY TO EACH ACCIDENT: DISEASE POLICY LIMIT: DISEASE EACH EMPLOYEE: OTHER TO DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS: ____= 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 E DATE ISSUED: 09/20/89 AU ORI D EPRESENTATIVLF- c