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.
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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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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:
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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
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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
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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
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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.
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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.
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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
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EDBLDG . AGT
9/5/89
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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.-
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JANITORIAL SERVICES
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( "'re ly)
21. Dust mop or, vacuum interior entrances
22. Polish entrance metal
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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&.-
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( "'re ly)
21. Dust mop or, vacuum interior entrances
22. Polish entrance metal
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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
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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.
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i� SERVICE DEPARTMENT
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Our Service Department switchboard is open.24 hours per day.
For any information, special services, or for any emergency,
call (714) 546 -3223.
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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 $1,000,000.00.
Certificates provided upon request.
Ed Building Maintenance provides 24 hours switchboard and radio communication.
Because of an emergency or any other reason, you will be in touch with one of
the principals of the company immediately; any time of the day or night.
Only pre - trained, carefully screened personnel will be furnished. All personnel shall be
thoroughly investigated, and only those whose records indicate their ability to
perform the kind of work anticipated from them will be allowed in your premises.
We hire only full time workers.
Pride of workmanship is subscribed to by every employee and guarantee in writing by
Ed Building Maintenance. As a result of this written guarantee, you will have the
right to deduct a portion of our fees if services are incomplete and/or unsatisfactory.
A contract with Ed building Maintenance brings with it a company that will remove
the janitorial problems from your own realm of concern. We'll see to it that you are
not reminded of these problems, or your money back!
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RAOBRDCEERTITCETEEOBFIZNUi &EE(AAOBRD299S -- 00288$) •
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-
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