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HomeMy WebLinkAboutC-3982 - Contract for Janitorial Services for City Community Centers and Recreational Facilities0 c -�a CONTRACT WITH ADVANCED BUILDING MAINTENANCE FOR JANITORIAL SERVICES FOR CITY COMMUNITY CENTERS AND RECREATION FACILITIES THIS CONTRACT is made and entered into as of this 1st day of July, 2007 ( "Commencement Date "), by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and ADVANCED BUILDING MAINTENANCE, a California corporation whose principal place of business is 10830 Whittier Boulevard, Whittier, CA 90606 ( "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 City. B. City operates 11 community centers and recreational facilities in the City ( "Recreation Facilities ") that require regular cleaning, in most cases on a daily basis. C. The Recreation Facilities are generally occupied from 7 a.m. to 10 p.m.; therefore cleaning services must be performed after 10 p.m. D. City has reviewed the previous experience of Contractor and desires to retain Contractor to render janitorial services at the locations outlined herein and in the attached exhibits under the terms and conditions set forth in this Contract. E. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the Scope of Services set forth by the City for the Contract, and 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 Contract. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Unless terminated earlier in accordance with Section 18 of this Contract, 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 Contract and upon the City's receipt and approval of all required insurance. The term of this Contract shall be automatically 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 the 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 Contract. 2. SCOPE OF WORK Contractor shall perform the work or services described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference. These services shall be 0 0 provided at the locations listed in Exhibit B, which is incorporated herein by this reference. As a material inducement to the City entering into this Contract, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all supplies and materials will be of good quality. For purposes of this Contract, 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. Contractor shall perform everything required to be performed, and shall provide and fumish all the labor, materials, supplies, necessary tools, expendable equipment and all utility and transportation services necessary for the Project except those stated in the Scope of Services that shall be provided by the City of Newport Beach. 3. TIME OF PERFORMANCE Contractor shall complete the services within the time periods set forth in Exhibit A. The failure by Contractor to stay within these time frames may result in termination of this Contract by City and assessment of damages as outlined in Section 2.1. Time is of the essence in performing the services under this Contract. 4. COMPENSATION As full compensation for the performance and completion of the services as outlined in the Scope of Work, City shall pay to Contractor and Contractor accepts as full payment the sum of Ninety Six Thousand, Six Hundred Dollars and 001100 ($96,600.00) per year. Contractor shall not receive any additional compensation unless approved in advance by the City in writing. Payment for services shall be made to Contractor once a month upon submission of an invoice explaining the services performed. City shall pay invoices within thirty (30) days after approval of the invoice by City. 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 included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Contract Amount in effect Page 2 of 17 0 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. 5. ADMINISTRATION This Contract will be administered by the Recreation and Senior Services Department. Matt Dingwall shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Contract. 6. PERSONNEL REQUIREMENTS AND SUPERVISION 6.1 All of the services provided hereunder shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the services required by this Contract, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 6.2 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 Contract. 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. 6.3 All Contractor personnel working under this Contract shall be neat in appearance. Contractor shall provide each employee with a uniform (shirt or blouse), as approved by the Recreation and Senior Services Department Director or his/her designee. All Contractor personnel shall wear identification badges or patches 6.4 All work shall be performed in accordance with the highest janitorial and building maintenance standards. 7. SUPPLIES /REIMBURSEMENT FOR EXPENSES 7.1 The City will furnish paper products, including toilet paper, paper towels, toilet seat covers, and trash can liners. Contractor shall provide liquid soap, cleaning polish, wax and floor cleaning solutions, 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. 7.2 Contractor shall not be reimbursed for any expenses unless the City approves the expense in advance in writing. 8. RECORDS AND REPORTS Page 3 of 17 0 8.1. All Contractor's books and other business records, or such part as may be used in the performance of this Contract, shall be subject to inspection and audit by any authorized City representative during regular business hours. 8.2. Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the Recreation and Senior Services Director or his/her designee within ten (10) days after the end of each month. 8.3. Contractor shall keep records and invoices in connection with its work to be performed under this Contract. 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. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the services required hereunder; or for damage to property from any cause arising from the performance of the services by Contractor, or its subconcontractors, or its workers, or anyone employed by either of them. 9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work or services, or the work or services of any subcontractor or supplier selected by the Contractor. 9.3 Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against: (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damage, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in performing the services required hereunder; including, without limitation, defects in workmanship or materials and /or design defects or (3) any and all claims asserted by Contractor's subconcontractors or suppliers on the Project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. However, nothing herein shall require Contractor to indemnify City from the sole negligence or willful misconduct of City, ifs officers or employees. 9.4 Contractor shall perform all work during the hours outlined in Exhibit A to minimize public inconvenience and possible hazard. All facilities must be ready to open by 6 a.m. each morning. Page 4 of 17 0 0 9.5 Contractor shall be liable for any private or public property damaged during the performance of the work or services. 9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 9.7 Nothing in this section shall be construed as authorizing any award of attorney's fees in any action to enforce the terms of this Contract. 9.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 10. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the 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 express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. 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 Contract, 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 Contract. 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 Requirements. Page 5 of 17 • 0 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. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. 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. ii. 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 Contract, or the general aggregate limit shall be at least twice the required occurrence limit. 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 Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: 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 and services provided 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 subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. Page 6 of 17 ! • 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 Contract. 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. ikAEEFw -U: 911: 13.1 Contractor shall comply with all applicable provisions of State and Federal law including, applicable provisions of the California Labor Code, and the Federal Fair Labor Standards Act. 13.2 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. 13.3 Wages paid by Contractor for services provided hereunder shall be in accordance with Section 1770 of the California State Labor Code and the terms of the Southern California Master Labor Agreement, which has established a prevailing rate of per diem wages to be paid in the performance of this Contract. 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). 14. WORK DEFICIENCIES AND CORRECTIONS 14.1 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. 14.2 Failure to correct the deficiencies listed in the Notice of Deficiency within the timeframe specified by the City may, in the City's 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 Page 7 of 17 • 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. 14.2 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 Contractor's hourly rates. 15. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the work outlined in the Scope of Services provided the Contractor obtains City approval prior to the subcontractor performing any work. Contractor shall be fully responsible to City for all acts and omissions of the subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 16. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 17. CONFLICTS OF INTEREST 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 any financial interest that may foreseeably be materially affected by the work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 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 immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. Page 8 of 17 0 18. NOTICES 0 All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Matt Dingwall Recreation and Senior Services Department City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA, 92663 -3816 Phone: 949 - 644 -3161 Fax: 949 - 644 -3155 All notices, demands, requests or approvals from CITY to Contractor shall be addressed to Contractor at: Advanced Building Maintenance 10830 E. Whittier Blvd Whittier, CA 90606 Phone: (562) 695 -0711 Fax: (562) 6924720 19. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of 10 (10) calendar days, or if more than ten (10) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within ten (10) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the. effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. COMPLIANCE WITH ALL LAWS Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. Page 9 of 17 9 0 21. WAIVER A waiver by City of any term, covenant, or condition in the Contract shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 22. INTEGRATED CONTRACT This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and Contracts of whatsoever kind or nature are merged herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. 23. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Contract and the Scope of Services, the terms of this Contract shall govern. 24. AMENDMENTS This Contract 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. 25. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Project Proposal and Scope of Work. 26. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange. 27. INTERPRETATION 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. [SIGNATURES ON FOLLOWING PAGE] Page 10 of 17 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: 4 G,/L— C " e--� Aa on & Harp, Assistant City Attorney for the City of Newport Beach CITYOF EWP,QRT BEACH, A I C por ion By: Steve Rosansky, Mayor for the City of Newport E ATTEST: ADVANCED BUILDIN!MAINTENANCE By: 4 V��c g: Y LaVonne Harkless, City Clerks , of By: qj4L-V-& -�7� Name: �rt� Title: C�sllay-1 Attachments: Exhibit A - Scope of Services Exhibit B - Work Sites Exhibit C - Hourly Rates for Emergency Services F:users/CAT/Bigi/Shared/Maintenance Contracts/Recreation and Parks Janitorial Contract.doc Page 11 of 17 Exhibit A ..- . 7 1. Proiect Backeround and Description i The Recreation and Senior Services Department operates 12 Community Centers and Recreational Facilities within the City of Newport Beach (hereinafter the "Recreation Facilities" or the "Facilities "). Eleven (11) of these Facilities require the services of a private cleaning service. A list of the Recreation Facilities is attached to the Contract as Exhibit B. The Facilities are open seven days per week, 355 days per year from approximately 7 a.m. to 11 p.m. In most cases, outside restroom facilities are open 24 hours per day. 2. Scope of Services Contractor shall perform general cleaning services and provide and furnish all the labor and equipment required for the cleaning of the Recreation Facilities listed in Exhibit B. Specific services shall include the following: A. Bathrooms • Clean all bathrooms thoroughly, including all toilets, urinals, sinks and counters at each visit • Polish all bright work at each visit • Clean and polish all mirrors at each visit • Dust partitions, tops of mirrors and frames at each visit • Remove splash marks from walls around basins at each visit • Wipe towel and toilet paper dispensers at each visit • Wet Mop and rinse floors with disinfectant each visit • Monthly seal or wax floors B. Carpets and Floors in all Areas • Vacuum all carpets thoroughly each visit • Vacuum all corners, edges, and beneath furniture weekly using special attachments to get into corners • Sweep and dry/wet mop all floors each visit • Wax or coat floors monthly • Strip and wax all hard floors monthly Page 12 of 17 • • • Carpet shall be spot - cleaned when and where needed. • Shampoo all carpets four times per year (as per agreed schedule) C. Trash • All trash shall be emptied and removed from receptacles inside the facilities and liners replaced at each visit. • Trash shall be removed from the site at each visit. D. Other Cleaning • Sweep doormats and exterior entrance area at each visit • Clean and disinfect all telephones and drinking fountains at each visit • Dry polish drinking fountains at each visit • Remove fingerprints and marks from around light switches and door frames at each visit • Clean the glass on all entrance doors daily • Dust windowsills, doorsills and counter areas at each visit • Clean and wipe counter areas and sinks in kitchenettes daily. E. Special Services • Window blinds shall be cleaned quarterly • Lincoln School bathrooms to be locked nightly after cleaning (after 10:30 p.m.) • Fitness room at West Newport - wipe equipment and dust each visit F. Special Requirements • Contractor shall be available on a 7 -day per week basis for emergency cleaning between the hours of 7 a.m. and 9 p.m., with ability to respond within one hour. The City of Newport Beach shall be billed separately for any emergency calls at the rates specified in Exhibit C. • Contractor shall participate in a minimum of 12 site inspections with City Staff annually (conducted once per month). • Janitor closets, equipment and materials shall be kept in a neat, clean and orderly condition. • City will purchase paper supplies (towels, toilet paper and seat covers) and trash bags. • Contractor shall supply liquid soap (Superior Hand soap by Waxie or equal brand authorized by Recreation personnel), urinal screens and other cleaning supplies Page 13 of 17 • • as needed including buffing pads, cleaning polish, wax and floor cleaning solutions. • Holidays: Locations listed below with an asterisk ( *) require bathrooms to be serviced on holidays, except Thanksgiving Day, Christmas Day and New Year's Day. 3. Cleanine Schedule and Frequency 1. Balboa Community Center - Cleaning service shall be provided Sunday through Thursday nights between 10 p.m. and 5 a.m. Areas to be cleaned are as follows: the large program room, bathrooms and the kitchen. 2. Bonita Creek Community Center* - a. Community Room - Service shall be provided daily, between 10 p.m. and 7 a.m. (The term "daily" shall be defined as seven days a week.) b. Bonita Creek Bathrooms* - Service shall be provided daily. 3. Carroll Beek Community Center and Bathrooms - Service shall be provided Sunday, Monday, Tuesday, Wednesday, and Thursday, between 10 p.m. and 7 a.m. 4. Cliff Drive Park Community Center and Bathrooms - Service shall be provided Sunday, Monday, Wednesday, Friday, and Saturday after 10 p.m. 5. Community Youth Center and Bathrooms* - Service shall be provided daily between 11 p.m. and 7 a.m. 6. Lawn Bowling Center Bathrooms* - Service shall be provided on Friday, Saturday and Sunday, anytime. 7. Lincoln Gymnasium and Bathrooms* - Service shall be provided daily between 11 p.m. and 6 a.m. 8. Mariners VJ Room and Patio Bathrooms - Service shall be provided daily between 10 p.m. and 6 a.m. Areas to be cleaned are as follows: the community room, kitchen, recreation office and patio bathrooms. (Special key required) 9. Newport Coast Community Center* - Service shall be provided daily between 10 p.m. and 6 a.m. Center to be opened in September of 2007. Page 14 of 17 • 0 10. Newport Theater Arts Center - Service shall be provided Wednesday, Thursday, Friday, Saturday and Sunday, between midnight and 10 a.m. 11. West Newport Community Center a. Classrooms - Daily between 10 p.m. and 7a.m. b. Gymnasium and Locker Rooms - Daily between 11 p.m. and 6 a.m. C. Fitness Room - Daily between 10 p.m. and 6 a.m. 4. Contractor's Representative Contractor shall assign a primary representative and alternate to oversee the implementation of the contract and serve as primary contact for the City Staff including a once per month on -site inspection tour with City Staff. 5. City Responsibilities The City shall provide the following to assist the Contractor with the services it provides: • Keys to all buildings listed in Exhibit B • Paper products and trash can liners • A schedule of available hours for cleaning • A closet at each facility where paper products and cleaning supplies can be stored • A city staff person to conduct monthly inspections • A 24 -hour contact person with the City for emergencies Page 15 of 17 Exhibit B Recreation Facility Addresses 1. Balboa Community Center - 1716 W. Balboa Ave. (2760 square feet) 2. Bonita Creek Community Center - 3010 La Vida (2876 sf) 3. Carroll Beek Community Center - 115 Agate, Balboa Island (1800 sf) 4. Cliff Drive Park Community Center - 301 Riverside Ave. (850 sf) + restrooms (152 sf) 5. Community Youth Center (CYC) - 3000 Fifth Ave. (5850 sf) 6. Newport Lawn Bowling Center - 1550 Crown Drive 7. Lincoln Athletic Center - Gymnasium - 3101 Pacific View Drive (7300 sf) 8. Mariners Branch Library/ VJ Room - 1300 Irvine Ave. (1820 sf) 9. Newport Coast Community Center - 6401 San Joaquin Hills Road (16,865 sf) 10. Newport Theater Arts Center - 2501 Cliff Drive (7800 sf) 11. West Newport Community Center - 883 W. 15`h Street (11,960 sf) Page 16 of 17 0 0 Exhibit C Emereencv Services - BUMP Rates Contractor shall be available to perform contract services on an emergency basis at a rate of $17.50 per hour, with a four (4) hour minimum. Page 17 of 17 AU J 1 it N,'i f' • • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C -31B� (W/100 -acv-1) Agenda Item No. 8 August 14, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Recreation & Senior Services Department Wes Morgan, Director - 949 -644 -3157 — wmoroan(a )citv.newport- beach.ca.us SUBJECT: Advanced Building Maintenance Agreement RECOMMENDATION Approve the attached contract for janitorial services with Advanced Building Maintenance. DISCUSSION The Recreation & Senior Services Department is responsible for maintaining 11 recreational facilities. Janitorial support is provided by contracted building maintenance services. These 11 buildings need to be maintained 7 days a week in support of the City's services and programs Now, with the addition of the Newport Coast Community Center, this September, staff has bid these janitorial services with new specifications. Proposals were mailed to prospective bidders. Four bids were received. Interviews were conducted with the two low bidders. Grace Building Maintenance, the lowest bidder, did not include NCCC in its proposal; therefore it was deemed a non- responsive bidder. Advanced Building Maintenance is the qualified low bidder. Staff recommends the selection of Advanced Building Maintenance based on their record of providing quality janitorial services to the City of Newport Beach. This contract proposal from Advanced Building Maintenance is for $8,050 per month. This is an increase in cost of $1,835 per month and is the result of the addition of the NCCC. The term of the contract is for a period of two years with three rollover years. The City reserves the right to terminate the contract without cause at any given time by providing the contractor with seven calendar days written notice. Prepared & Submitted by: Wes Morgan, Recreation & Senior ices Director Attachments: 1. Advanced Building Maintenance Contract 2. List of Received Bids 3. Memo — Building Maintenance Contract z E 0 ktA kIment ,..2 CONTRACT WITH ADVANCED BUILDING MAINTENANCE FOR JANITORIAL SERVICES FOR CITY COMMUNITY CENTERS AND RECREATION FACILITIES THIS CONTRACT is made and entered into as of this 1st day of July, 2007 ( "Commencement Date "), by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and ADVANCED BUILDING MAINTENANCE, a California corporation whose principal place of business is 10830 Whittier Boulevard, Whittier, CA 90606 ( "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 City. B. City operates 11 community centers and recreational facilities in the City ( "Recreation Facilities ") that require regular cleaning, in most cases on a daily basis. C. The Recreation Facilities are generally occupied from 7 a.m. to 10 p.m.; therefore cleaning services must be performed after 10 p.m. D. City has reviewed the previous experience of Contractor and desires to retain Contractor to render janitorial services at the locations outlined herein and in the attached exhibits under the terms and conditions set forth in this Contract. E. Contractor has examined the [oration of all proposed work, carefully reviewed and evaluated the Scope of Services set forth by the City for the Contract, and 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 Contract. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Unless terminated earlier in accordance with Section 18 of this Contract, 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 Contract and upon the City's receipt and approval of all required insurance. The term of this Contract shall be automatically 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 the 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 Contract. 2. SCOPE OF WORK Contractor shall perform the work or services described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference. These services shall be 0 0 provided at the locations listed in Exhibit B, which is incorporated herein by this reference. As a material inducement to the City entering into this Contract, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all supplies and materials will be of good quality. For purposes of this Contract, 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. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, supplies, necessary tools, expendable equipment and all utility and transportation services necessary for the Project except those stated in the Scope of Services that shall be provided by the City of Newport Beach. 3. TIME OF PERFORMANCE Contractor shall complete the services within the time periods set forth in Exhibit A. The failure by Contractor to stay within these time frames may result in termination of this Contract by City and assessment of damages as outlined in Section 2.1. Time is of the essence in performing the services under this Contract. 4. COMPENSATION As full compensation for the performance and completion of the services as outlined in the Scope of Work, City shall pay to Contractor and Contractor accepts as full payment the sum of Ninety Six Thousand, Six Hundred. Dollars and 001100 ($96,600.00) per year. Contractor shall not receive any additional compensation unless approved in advance by the City in writing. Payment for services shall be made to Contractor once a month upon submission of an invoice explaining the services performed. City shall pay invoices within thirty (30) days after approval of the invoice by City. 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 included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Contract Amount in effect Page 2 of 17 0 0 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 when; 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. 5. ADMINISTRATION This Contract will be administered by the Recreation and Senior Services Department. Matt Dingwall shall be the Project. Administrator and shall have the authority to act for City under this. Contract. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Contract. 6. PERSONNEL REQUIREMENTS AND SUPERVISION 6.1 All of the services provided hereunder shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the services required by this Contract, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 6.2 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 Contract. 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. 6.3 All Contractor personnel working under this Contract shall be neat in appearance. Contractor shall provide each employee with a uniform (shirt or blouse), as approved by the Recreation and Senior Services Department Director or his /her designee. All Contractor personnel shall wear identification badges or patches 6.4 All work shall be performed in accordance with the highest janitorial and building maintenance standards. 7. SUPPLIES /REIMBURSEMENT FOR EXPENSES 7.1 The City will furnish paper products, including toilet paper, paper towels, toilet seat covers, and trash can liners. Contractor shall provide liquid soap, cleaning polish, wax and floor cleaning solutions, 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. 7.2 Contractor shall not be reimbursed for any expenses unless the City approves the expense in advance in writing. 8. RECORDS AND REPORTS Page 3 of 17 • • 8.1. All Contractor's books and other business records, or such part as may be used in the performance of this Contract, shall be subject to inspection and audit by any authorized City representative during regular business hours. 8.2. Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the Recreation and Senior Services Director or his/her designee within ten (10) days after the end of each month. 8.3. Contractor shall keep records and invoices in connection with its work to be performed under this Contract. 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. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the services required hereunder, or for damage to property from any cause arising from the performance of the services by Contractor, or its subconcontractors, or its workers, or anyone employed by either of them. 9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work or services, or the work or services of any subcontractor or supplier selected by the Contractor. 9.3 Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against: (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damage, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in performing the services required hereunder; including, without limitation, defects in workmanship or materials and/or design defects or (3) any and all claims asserted by Contractor's subconcontractors or suppliers on the Project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. However, nothing herein shall require Contractor to indemnify City from the sole negligence or willful misconduct of City, ifs officers or employees. 9.4 Contractor shall perform all work during the hours outlined in Exhibit A to minimize public inconvenience and possible hazard. All facilities must be ready to open by 6 a.m. each morning. Page 4 of 17 0 0 9.5 Contractor shall be liable for any private or public property damaged during the performance of the work or services. 9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 9.7 Nothing in this. section shall be construed as authorizing any award of attorney's fees in any action to enforce the terns of this Contract. 9.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 10. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the 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 express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. 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 Contract, 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 Contract. 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 Requirements. Page 5 of 17 0 • 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. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. 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. ii. 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 Contract, or the general aggregate limit shall be at least twice the required occurrence limit. 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 Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. E. Endorsements. Each general 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 and services provided 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 self4nsured 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 subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. Page 6 of 17 0 0 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. A. 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 Contract. 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. LABOR 13.1 Contractor shall comply with all applicable provisions of State and Federal law including, applicable provisions of the California Labor Code, and the Federal Fair Labor Standards Act. 13.2 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. 13.3 Wages paid by Contractor for services provided hereunder shall be in accordance with Section 1770 of the California State Labor Code and the terms of the Southern California Master Labor Agreement, which has established a prevailing rate of per diem wages to be paid in the performance of this Contract. 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). 14. WORK DEFICIENCIES AND CORRECTIONS 14.1 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. 14.2 Failure to correct the deficiencies listed in the Notice of Deficiency within the timeframe specified by the City may, in the City's 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 Page 7 of 17 0 0 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. 14.2 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 Contractor's hourly rates. 15. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the work outlined in the Scope of Services provided the Contractor obtains City approval prior to the subcontractor performing any work. Contractor shall be fully responsible to City for all acts and omissions of the subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 16. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 17. CONFLICTS OF INTEREST 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 any financial interest that may foreseeably be materially affected by the work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 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 immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. Page 8 of 17 0 18. NOTICES All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Matt Dingwall Recreation and Senior Services Department City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA, 92663-0816 Phone: 949 - 6443161 Fax: 949 - 6443155 All notices, demands, requests or approvals from CITY to Contractor shall be addressed to Contractor at: Advanced Buildina Maintenance 10830 E. Whittier Blvd Whittier, CA 90606 Phone: (562) 695 -0711 Fax: (562) 692 -4720 19. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of 10 (10) calendar days, or if more than ten (10) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within ten (10) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the, effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. COMPLIANCE WITH ALL LAWS Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. Page 9 of 17 • ! HANK'G1P14z] A waiver by City of any term, covenant, or condition in the Contract shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 22. INTEGRATED CONTRACT This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and Contracts of whatsoever kind or nature are merged herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. 23. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Contract and the Scope of Services, the terms of this Contract shall govern. 24. AMENDMENTS This Contract 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. 25. EFFECT OF CONTRACTOR'S EXECUTION Execution of .this Contract by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Project Proposal and Scope of Work. 26. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange. 27. INTERPRETATION 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. [SIGNATURES ON FOLLOWING PAGE] Page 10 of 17 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: ft/1 %. .4 \ Aafon d. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Steve Rosansky, Mayor uw. - -:Ca.6t � Attachments: Exhibit A — Scope of Services Exhibit B —Work Sites Exhibit C — Hourly Rates for Emergency Services RuserslCAT091roharadlMalraename ConlractslRacreation and Parks Janitorial Contract.doc Page 11 of 17 0 0 Exhibit A B --- 1. Proiect Background and Description The Recreation and Senior Services Department operates 12 Community Centers and Recreational Facilities within the City of Newport Beach (hereinafter the "Recreation Facilities" or the "Facilities "). Eleven (11) of these Facilities require the services of a private cleaning service. A list of the Recreation Facilities is attached to the Contract as Exhibit B. The Facilities are open seven days per week, 355 days per year from approximately 7 a.m. to 11 p.m. In most cases, outside restroom facilities are open 24 hours per day. 2. Scope of Services Contractor shall perform general cleaning services and provide and furnish all the labor and equipment required for the cleaning of the Recreation Facilities listed in Exhibit B. Specific services shall include the following: A. Bathrooms • Clean all bathrooms thoroughly, including all toilets, urinals, sinks and counters at each visit • Polish all bright work at each visit • Clean and polish all mirrors at each visit • Dust partitions, tops of mirrors and frames at each visit • Remove splash marks from walls around basins at each visit • Wipe towel and toilet paper dispensers at each visit • Wet Mop and rinse floors with disinfectant each visit • Monthly seal or wax floors B. Carpets and Floors in all Areas • Vacuum all carpets thoroughly each visit • Vacuum all comers, edges, and beneath furniture weekly using special attachments to get into corners • Sweep and dry/wet mop all floors each visit • Wax or coat floors monthly • Strip and wax all hard floors monthly Page 12 of 17 • • • Carpet shall be spot - cleaned when and where needed. • Shampoo all carpets four times per year (as per agreed schedule) C. Trash • All trash shall be emptied and removed from receptacles inside the facilities and liners replaced at each visit. • Trash shall be removed from the site at each visit. D. Other Cleaning • Sweep doormats and exterior entrance area at each visit • Clean and disinfect all telephones and drinking fountains at each visit • Dry polish drinking fountains at each visit • Remove fingerprints and marks from around light switches and door frames at each visit • Clean the glass on all entrance doors daily • Dust windowsills, doorsills and counter areas at each visit • Clean and wipe counter areas and sinks in kitchenettes daily. E. Special Services • Window blinds shall be cleaned quarterly • Lincoln School bathrooms to be locked nightly after cleaning (after 10:30 p.m.) • Fitness room at West Newport - wipe equipment and dust each visit F. Special Requirements • Contractor shall be available on a 7 -day per week basis for emergency cleaning between the hours of 7 a.m. and 9 p.m., with ability to respond within one hour. The City of Newport Beach shall be billed separately for any emergency calls at the rates specified in Exhibit C. • Contractor shall participate in a minimum of 12 site inspections with City Staff annually (conducted once per month). • Janitor closets, equipment and materials shall be kept in a neat, clean and orderly condition. • City will purchase paper supplies (towels, toilet paper and seat covers) and trash bags. • Contractor shall supply liquid soap (Superior Hand soap by Waxie or equal brand authorized by Recreation personnel), urinal screens and other cleaning supplies Page 13 of 17 • i as needed including buffing pads, cleaning polish, wax and floor cleaning solutions. • Holidays: Locations listed below with an asterisk (') require bathrooms to be serviced on holidays, except Thanksgiving Day, Christmas Day and New Year's Day. 3. Cleanine Schedule and Frequency 1. Balboa Community Center - Cleaning service shall be provided Sunday through Thursday nights between 10 p.m, and 5 a.m. Areas to be cleaned are as follows: the large program room, bathrooms and the kitchen. 2. Bonita Creek Community Center' - a. Community Room - Service shall be provided daily, between 10 p.m. and 7 a.m. (The term "daily" shall be defined as seven days a week.) b. Bonita Creek Bathrooms" - Service shall be provided daily. 3. Carroll Beek Community Center and Bathrooms - Service shall be provided Sunday, Monday, Tuesday, Wednesday, and Thursday, between 10 p.m. and 7 a.m. 4. Cliff Drive Park Community Center and Bathrooms - Service shall be provided Sunday, Monday, Wednesday, Friday, and Saturday after 10 p.m. 5. Community Youth Center and Bathrooms* - Service shall be provided daily between 11 p.m. and 7 a.m. 6. Lawn Bowline Center Bathrooms' - Service shall be provided on Friday, Saturday and Sunday, anytime. 7. Lincoln Gymnasium and Bathrooms" - Service shall be provided daily between 11 p.m. and 6 a.m. 8. Mariners VJ Room and Patio Bathrooms - Service shall be provided daily between 10 p.m. and 6 a.m. Areas to be cleaned are as follows: the community room, kitchen, recreation office and patio bathrooms. (Special key required) 9. Newport Coast Community Center* - Service shall be provided daily between 10 p.m. and 6 a.m. Center to be opened in September of 2007. Page 14 of 17 • 0 10. Newport Theater Arts Center - Service shalt be provided Wednesday, Thursday, Friday, Saturday and Sunday, between midnight and 10 a.m. 11. West Newport Community Center a. Classrooms - Daily between 10 p.m. and 7a.m. b. Gymnasium and Locker Rooms - Daily between 11 p.m. and 6 a.m. C. .Fitness Room - Daily between 10 p.m. and 6 a.m. 4. Contractor's Representative Contractor shall assign a primary representative and alternate to oversee the implementation of the contract and serve as primary contact for the City Staff including a once per month on -site inspection tour with City Staff. 5. City Responsibilities The City shall provide the following to assist the Contractor with the services it provides: • Keys to all buildings listed in Exhibit B • Paper products and trash can liners • A schedule of available hours for cleaning • A closet at each facility where paper products and cleaning supplies can be stored • A city staff person to conduct monthly inspections • A 24 -hour contact person with the City for emergencies Page 15 of 17 Exhibit B Recreation Facility Addresses 1. Balboa Community Center -1716 W. Balboa Ave. (2760 square feet) 2. Bonita Creek Community Center - 3010 La Vida (2876 sf) 3. Carroll Beek Community Center - 115 Agate, Balboa Island (1800 sf) 4. Cliff Drive Park Community Center - 301 Riverside Ave. (850 sf) + restrooms (152 sf) 5. Community Youth Center (CYC) - 3000 Fifth Ave. (5850 sf) 6. Newport Lawn Bowling Center - 1550 Crown Drive 7. Lincoln Athletic Center - Gymnasium - 3101 Pacific View Drive (7300 sf) 8. Mariners Branch Library/ VJ Room - 1300 Irvine Ave. (1820 sf) 9. Newport Coast Community Center - 6401 San Joaquin Hills Road (16,865 sf) 10. Newport Theater Arts Center - 2501 Cliff Drive (7800 sf) 11. West Newport Community Center - 883 W. 15t' Street (11,960 sf) Page 16 of 17 Exhibit C Emereencv Services - Billine Rates Contractor shall be available to perform contract services on an emergency basis at a rate of $17.50 per hour, with a four (4) hour minimum. Page 17 of 17 0 r A-tfa o7men a PROPOSALS FOR PROFESSIONAL CLEANING SERVICES SUMMARY Grace Building Maintenance Advanced Building Maintenance Empire Building Services A -1 Building Maintenance Per Month $7,400 $8,050 $12,375 $21,735 CITY OF NEWPORT BEACH Recreation and Senior Services Department 3300 NEWPORT, BOULEVARD P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (949) 644 -3151 MEMORANDUM TO: Sean Levin, Recreation Superintendent FROM: Matt Dingwall, Recreation Supervisor DATE: June 7, 2007 SUBJECT: Building Maintenance Contract Proposals for janitorial maintenance were sent out to prospective bidders with 4 bids received. Interviews were conducted with 2 companies that submitted the lowest bids. The 2 companies interviewed on April 18'�' and le 2007 were Advanced Building Maintenance (our current contractor) and Grace Building Maintenance. After conducting these interviews, the staff present (Wes Morgan, Matt Dingwall, and Wyatt Morris) all agreed that we were confident that Advanced Building Maintenance would be able to best meet our needs and requirements. Grace Building Maintenance was very unfamiliar with our facilities, was unsure how they came up with their price quote, and had not taken the time to visit our facilities before submitting a quote. Therefore we would recommend that the contract be awarded to Advanced Building Maintenance. Cc: File