HomeMy WebLinkAboutC-4386 - Janitorial Services Agreement for Janitorial Services at City's Public LibrariesJANITORIAL SERVICE AGREEMENT
WITH PROGREEN BUILDING MAINTENANCE, INC.
FOR JANITORIAL SERVICES AT CITY'S PUBLIC LIBRARIES
THIS ERVICE AGREEMENT, is made and entered into this 0A day
of M , 2009 ("Commencement Date") by and between the CITY OF
NEWPORT BEACH, a Municipal Corporation and Charter City ("City"), and Progreen
Building Maintenance, Inc., a California corporation located at 10834 E. 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 the City
of Newport Beach.
B. In May, 2009 the City issued a Request for Proposal ("RFP") seeking proposals
from qualified janitorial and building maintenance companies to provide janitorial
services at various locations for the City of Newport Beach Library Services
Department. Contractor submitted the lowest responsible bid among the firms
that responded to the RFP.
C. City desires to engage Contractor to provide the janitorial services as outlined in
the RFP and this Agreement (the "Project").
D. City has reviewed the previous experience of Contractor and desires to retain
Contractor to render janitorial services under the terms and conditions set forth in
this Agreement.
E. Contractor acknowledges that City has relied upon Contractor's representations
and Contractor commits to faithfully perform the services required by this
Agreement and to perform the services in accordance with the terms and
conditions set forth in this Agreement.
F. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications relative to the type and frequency of the work to
be performed, 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 Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Unless terminated earlier in accordance with Section 26 of this Agreement, 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 Agreement and upon the City's
receipt and approval of all required bonds and insurance.
The term of this Agreement shall automatically be 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
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 Agreement. Time is of the essence in the
performance of services under this Agreement.
2. SCOPE OF SERVICES
A. Contractor shall meet all the requirements and conditions specified in
Exhibit A. Contractor shall perform the work and services at the locations
as set forth in the Scope of Work attached hereto as Exhibit B at the
provided Bid Unit Prices and Costs contained in Exhibit C. All of these
Exhibits are considered to be a part of, and are incorporated into, this
Agreement by reference.
B. As a material inducement to the City for entering into this Agreement,
Contractor warrants that all work and services to be provided hereunder
shall be performed in a competent, professional and satisfactory manner
by an adequate level of staff with the appropriate level of training.
Contractor covenants that it shall follow the highest professional standards
in performing the work and services and that all equipment and supplies
used will be of good quality, fit for the purpose intended. For purposes of
this Agreement, 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.
3. PERSONNEL REQUIREMENTS AND SUPERVISION
A. The Contractor shall have present on the job at all times during the
working hours a competent Supervisor, who shall be responsible for
adherence to the specifications outlined in the Scope of Services and the
cleaning requirements set forth in Exhibit A. The Supervisor shall be able
to communicate effectively in the English language (both orally and in
writing). Prior to the commencement of work, Contractor shall submit to
the Library Services Director for prior approval the name of the person
intended to be employed as Supervisor for the duration of the contract,
along with his qualifications and past experience. The Supervisor shall be
required to report regularly to the Library Services Director or his or her
designee, as necessary to review cleaning requirements and deficiencies.
B. All contract services shall be performed by competent and experienced
employees. The 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
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perform work under this Agreement. 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.
C. All supervisors and lead workers must be able to communicate effectively
in English (both orally and in writing). Any order given to these
supervisors or lead workers shall be deemed delivered to the Contractor.
D. The City reserves the right to conduct a background investigation of any
employee of Contractor and to require the Contractor to remove any
employee whose performance is deemed unsatisfactory in the City's sole
discretion. Persons employed by the Contractor who are found
unsatisfactory by the City shall be discharged or reassigned by the
Contractor on fifteen (15) days notice from the City.
E. Contractor shall be responsible for compliance with all local, state, and
federal laws and regulations regarding chemical usage. Contractor shall
employ or retain, at its sole cost and expense, all professional and
technical personnel necessary to properly perform contract services.
F. All Contractor personnel working under this Agreement shall be neat in
appearance. Contractor shall provide each employee with a uniform (shirt
or blouse), as approved by the Library Services Director or his/her
designee. All Contractor personnel shall wear identification badges or
patches.
G. All work shall be performed in accordance with the highest janitorial and
building maintenance standards.
H. Contractor shall provide an Operations Manager to coordinate work with
the Library Services Director or his/her designee and ensure satisfactory
performance of contract services. A supervisor shall coordinate work
crews on a daily basis to ensure compliance with the terms of this
Agreement.
I. The City will periodically inspect all work performed by the Contractor.
J. Contractor shall ensure there is no lapse in service. Complete cleaning
services will be required on a regular schedule as set forth in Exhibit A.
4. LICENSES, FEES, PERMITS AND TAXES
Contractor shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the services required by
this Agreement. Contractor shall have the sole obligation to pay for any fees,
assessments and taxes, plus applicable penalties and interest, which may be imposed
by law and arise from or are necessary for the Contractor's performance of the services
required by this Agreement, and shall indemnify, defend and hold harmless City against
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any such fees, assessments, taxes, penalties or interest levied, assessed or imposed
against City hereunder.
5. COMPLIANCE WITH ALL LAWS
All work and services rendered hereunder shall be provided in accordance with all
ordinances, resolutions, statutes, rules and regulations of the City and any Federal,
State, or local governmental agency of competent jurisdiction.
6. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of Six Thousand Three Hundred Eighty Four
Dollars and 80/100 ($6,384.80) per month for a total not to exceed Seventy -Six
Thousand Six Hundred Seventeen and 60/100 ($76,617.60) annually ("Annual
Contract Amount") to perform all the work and services contemplated by and described
in Exhibits A through E, attached hereto and incorporated herein by reference.
Payment for services shall be made to the Contractor once a month upon submission of
an invoice explaining in sufficient detail the services performed. City shall pay invoices
within thirty (30) days after approval of the invoice by the City. Payment shall be
deemed made when deposited in the United States mail, first-class postage pre -paid,
and addressed to Contractor as specified in Section entitled "Notices."
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 October 1,
2011, the index to be used for the numerator is the index for the month of July 2011 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 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.
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7. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis and
Contractor is not an agent or employee of 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 expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Contractor or any of Contractor's
employees or agents, to be the agents or employees of City. Contractor shall have the
responsibility for and control over the means of performing the work, provided that
Contractor is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Contractor as to the details of
the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the services.
8. EQUIPMENT AND CLEANING SUPPLIES
At its sole cost, the Contractor shall supply all necessary tools, equipment, and labor
that may be necessary to perform the work outlined herein. Contractor shall also
provide all cleaning materials and supplies, such as cleaners, liquid wax, liquid floor
soap, seals, detergents, and disinfectants. All cleaning supplies and/or chemicals to be
used on the job must be pre -approved by the City. Equipment used by the Contractor
must be of commercial quality and in good working condition at all times.
The City will furnish consumable items such as toilet paper, paper towels, toilet seat
covers, sanitary napkins, disposable bags, and hand soap. However, Contractor shall
provide trash liners, 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.
9. REPAIR/REPLACEMENT
A. The Contractor shall adopt reasonable methods to furnish continuous
protection to City property and equipment to prevent loss or damage, and
shall be responsible for all such damages, to persons or property, except
such loss or damage as may be caused by City's sole negligence or willful
misconduct.
B. Contractor shall advise the Library Services Director of any damage to
City equipment or property immediately upon becoming aware of the
damage.
C. Contractor shall repair, at its sole cost and expense, any damage to City
equipment or property caused by Contractor or its agents, employees,
representatives or officers.
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10. FAMILIARITY WITH WORK AND WORK SITE
A. By executing this Agreement, Contractor warrants that Contractor: (a) has
thoroughly investigated and considered the Scope of Services to be
performed, (b) has carefully considered how the services should be
performed, and (c) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement.
Contractor warrants that Contractor has investigated the sites listed in
Exhibit B and is fully acquainted with the conditions there existing, prior to
commencement of services hereunder.
B. City and Contractor agree that City has made no representation regarding
the order or condition of any area or location for which Contractor is to
provide services or that the site or location of work will be free from
defects, apparent or hidden, at the commencement of, or at any time
during the term of this Agreement.
11. HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents and
employees (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any work performed or services provided under this Agreement (including,
without limitation, defects in workmanship and/or materials) or Contractor's presence or
activities conducted on the Project (including the negligent and/or willful acts, errors
and/or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, Contractors, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Contractor
to indemnify the Indemnified Parties from any Claim arising from the sole negligence or
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the Contractor.
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 Agreement, a policy or policies of liability insurance of the type and amounts
described below and in a form satisfactory to City.
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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 Agreement.
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.
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; however, in no event shall the Employer's
Liability Insurance be less than one million dollars ($1,000,000) per
occurrence. 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 Agreement, 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 Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
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less than one million dollars ($1,000,000) combined single limit for
each occurrence.
E. Endorsements. Each general liability, employer's 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 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.
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 Agreement.
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.
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13. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any
attempted or purported assignment without the consent of the City shall be
null and void. Contractor acknowledges that these provisions relative to
assignment are commercially reasonable and that Contractor does
possess special skills, abilities, and personnel uniquely suited to the
performance of contract services and any assignment of this Agreement to
a third party, in whole or in part, could jeopardize the satisfactory
performance of contract services. Contractor may not employ any
subcontractors unless specifically authorized by City.
B. 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 venture which shall result in changing the control
of Contractor, shall be construed as an assignment of this Agreement.
14. RECORDS AND REPORTS
A. All Contractor's books and other business records, or such part as may be
used in the performance of this Agreement, shall be subject to inspection
and audit by any authorized City representative during regular business
hours.
B. Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the Library Services
Director or his/her designee within ten (10) days after the end of each
month.
C. Contractor shall keep records and invoices in connection with its work to
be performed under this Agreement. 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.
15. ADMINISTRATION
This Agreement will be administered by the Library Services Department. The Library
Support Services Coordinator, Melissa Kelly, shall be considered the City's
Administrator and shall have the authority to act for the City under this Agreement. The
Administrator or his/her authorized representative shall represent the City in all matters
pertaining to the services to be rendered under this Agreement.
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16. INCREASE OR DECREASE IN SCOPE OF SERVICES
A. Contractor may be asked to perform additional janitorial and building
maintenance services by the Administrator. The Administrator may give
verbal authorization for additional services up to $500. Administrator shall
provide Contractor with written authorization prior to the performance of
any additional services that exceed $500.
B. City reserves the right to withdraw certain Library locations from the work
to be performed by Contractor pursuant to this Agreement. City shall
notify Contractor in writing of its intent to do so at least thirty (30) days
prior to the effective date of withdrawal of any location. In the event a
location is withdrawn from the Scope of Services, compensation to
Contractor shall be reduced in accordance with the bid unit costs as
specified in Exhibit C. In the event the location is withdrawn for a period of
less than a full one (1) year term, Contractor's compensation shall be
reduced on a prorated basis.
17. WORK DEFICIENCIES AND CORRECTIONS
A. 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.
B. 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 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.
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 the Unit Prices outlined in
Exhibit C.
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18. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting the value of the work done, or of any work omitted,
or of any extra work which Contractor may be required to do, or respecting any payment
to Contractor during the performance of the Agreement, such dispute shall be decided
by the City Manager and his decision shall be final and binding upon Contractor and his
sureties.
19. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for any expenses unless the City approves the
expense in advance in writing.
20. PERFORMANCE BOND
A. Concurrently with execution of this Agreement, Contractor shall deliver to
City a performance bond in the sum of the annual Contract Amount of this
Agreement, in the form provided by the City Clerk, which secures the
faithful performance of this Agreement, unless such requirement is waived
by the Library Services Director. The bond shall contain the original
notarized signature of an authorized officer of the surety and affixed
thereto shall be a certified and current copy of his power of attorney. The
bond shall be unconditional and remain in force during the entire term of
the Agreement and shall be null and void only if the Contractor promptly
and faithfully performs all terms and conditions of this Agreement.
B. The performance bond required by this Agreement shall be satisfactory
only if issued by a company qualified to do business in California, rated
"A" or better in the most recent edition of Best Rating Guide, The Key
Rating Guide or in the Federal Register, and only if they are of a financial
category Class VII or better, unless such requirements are waived by the
Risk Manager of the City.
21. LABOR
A. Contractor shall conform with all applicable provisions of State and
Federal law including, applicable provisions of the Federal Fair Labor
Standards Act.
B. Contractor shall conform with all applicable provisions of the California
Labor code, including the Displaced Janitors Opportunity Act, Labor Code
sections 1060-1065.
B. 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.
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C. Wages paid by Contractor for services provided hereunder shall be in
accordance with Section 1770 of the California State Labor Code. 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).
22. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate against any
subcontractor, Contractor, employee or applicant for employment because of race,
religion, color, sex, handicap, national origin, or other basis that is violative of the
federal or state constitution or federal or state law. Contractor's obligation not to
discriminate shall apply, but not be limited to, the following: employment, upgrading,
demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this Project.
24. CONFLICTS OF INTEREST
A. 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 financial interest that may foreseeable be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeable financially affect such interest. The Contractor will provide a
completed disclosure form noting the above. Contractor will comply with
the Act and relevant City Resolutions.
B. 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
termination of this Agreement by the City. The Contractor shall indemnify
and hold harmless the City for any claims for damages resulting from the
Contractor's violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement must be
given in writing and will be deemed served when delivered personally or on the second
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business day after the deposit thereof in the United States mail, postage prepaid,
registered or certified, addressed as hereinafter provided.
Attn: Melissa Kelly
Library Services Department
Central Library
City of Newport Beach
1000 Avocado Avenue
Newport Beach, CA 92660
All notices, demands, requests or approvals from City to Contractor shall be addressed
to Contractor at:
Attn: Mike Sullivan
Progreen Building Maintenance, Inc.
10834 E. Whittier Blvd.
Whittier, CA 90606
26. TERMINATION/DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor
violates any provisions of this Agreement, Contractor shall be deemed in
default. If such default is not cured within a period of two (2) working
days, or if more than two (2) working days are reasonably required to cure
the default and Contractor fails to give adequate assurance of due
performance within two (2) working days after Contractor receives written
notice of default from City, City may terminate the Agreement forthwith by
giving written notice. City may, in addition to the other remedies provided
in this or authorized by law, terminate this agreement by giving written
notice of termination.
B. This agreement may be terminated without cause by the City upon thirty
(30) days written notice. Upon termination, City shall pay to Contractor
that portion of compensation specified in the Agreement that is earned
and unpaid prior to the effective date of termination. The Contractor may
only terminate the Agreement in the event of nonpayment by the City. In
the event of nonpayment by the City, Contractor shall give the City thirty
(30) days written notice thereof and the City shall have fifteen (15) working
days to cure the alleged breach.
C. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of
Contractor's compensation for contract services if, in the judgment of the
City Manager, the level of maintenance falls below appropriate janitorial or
building maintenance standards and/or Contractor fails to satisfactorily
perform contract services. City shall have the right to retain funds
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withheld until the City Manager determines that contract services are
performed as well and as frequently as required by this Agreement.
27. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or for
damages by reason for an alleged breach of any provisions of this Agreement, the
parties agree that attorneys' fees shall not be recoverable by the prevailing party.
28. 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.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties and all preliminary negotiations and agreements of
whatsoever kind or nature are merged in this Agreement. No verbal agreement or
implied covenant shall be held to vary the provisions hereon.
30. AMENDMENTS
This Agreement 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.
31. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
32. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
33. 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.
ProGreen Building Maintenance, Inc. Page 14
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
Aar C. Harp
Assistant City t rney
ATTEST:
CITY OF N 11VPORT BE CH
A Municip I(t'orpor tic)
Edward D. Selich, Pd'1'ayor
City of Newport Beach
CONTRACTOR: PROGREEN
BUILDING MAINTENANCE, INC.
By: By:
Lei[Ani Brown
City Clerk Name/Title: J`
U
By:
Name/Title:
ATTACHMENTS: EXHIBIT A: RFP Instructions and Conditions
EXHIBIT B: Description of Project/ Scope of Work
EXHIBIT C: Bid Unit Prices
EXHIBIT D: Statement of Compliance
EXHIBIT E: Statement of Ability to Comply with Displaced Janitors
Opportunity Act
ProGreen Building Maintenance, Inc. Page 15
CITY OF NEWPORT BEACH
REQUEST FOR PROPOSAL
RFP NO. 5-1
JANITORIAL SERVICES FOR CITY LIBRARY
FACILITIES
ATTACHMENT A:
INSTRUCTIONS AND CONDITIONS
Janitorial Services RFP Page 6
CITY OF NEWPORT BEACH
Request for Proposal
Public Library Janitorial Services
Attachment A: Instructions and Conditions
I. GENERAL CONDITIONS
A. PRE- CONTRACTUAL EXPENSES
Pre- contractual expenses are defined as expenses incurred by Contractor in:
I. Preparing a proposal in response to this RFP.
2. Submitting that proposal to the City of Newport Beach.
3. Negotiating with the City of Newport Beach any matter related to this RFP,
proposal, and/or contractual agreement.
4. Any other expenses incurred by the Contractor prior to the date of an executed
contract.
The City of Newport Beach shall not, in any event, be liable for any pre - contractual
expenses incurred by any Contractor. In addition, no proposal shall include any such
expenses as part of the price proposed to perform the City Library Facilities Janitorial
Services as described in this RFP.
B. AUTHORITY TO WITHDRAW RFP AND /OR NOT AWARD
CONTRACT
The City of Newport Beach reserves the right to withdraw this RFP at any time without
prior notice. Further, the City makes no representations that any agreement will be
awarded to any Contractor responding to the RFP. The City expressly reserves the right
to postpone the opening of proposals for its own convenience and to reject any and all
proposals in response to this RFP without indicating any reasons for such rejection(s).
The City also reserves the right to negotiate with the successful bidder concerning
various alternatives.
C. PRICING APPROACH
The City of Newport Beach intends to award a contract based on a fixed annual contract
price for the two (2) -year term of this contract, renewable annually for three (3) one (I)-
year extensions based on performance at the City's sole discretion.
Upon the first anniversary of the Commencement Date of the Contract and upon each
anniversary of the Commencement Date thereafter, the Contract Amount shall be
adjusted in proportion to the changes in the Consumer Price Index, subject to the 4.0%
Janitorial Services RFP Page 7
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 one (1) year prior.
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 March 2007. 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 (1982 84 = 100). 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 including in such new index. In no event, however, shall the amount
payable under this Agreement be reduced below the Contract Amount in effect
immediately preceding such adjustment. 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 4.0% of the Contract Amount in effect immediately preceding
such adjustment.
D. RIGHT TO REJECT PROPOSALS
The City of Newport Beach reserves the right to reject any or all proposals submitted.
Any award made for this engagement will be made to the Contractor, which, in the
opinion of the City, is best qualified to execute the contract.
E. PROPOSAL EVALUATION CRITERIA
Proposals will be evaluated on the basis of the response to all provisions of this RFP.
The City of Newport Beach may use some or all of the following criteria in its evaluation
and comparison of proposals submitted. The criteria listed are not necessarily an all -
inclusive list. The order in which they appear is not intended to indicate their relative
importance:
1. The Contractor's demonstrated awareness of safety in all operations.
2. The Contractor's responsiveness to the requirements of the contract as set forth in
the RFP.
3. A demonstrated understanding of the Contractor's work plan and other proposal
documents.
4. A logical, proven methodology for carrying out the work tasks described in the
proposal and developing contract deliverables.
5. The Contractor's recent experience in conducting contracts of similar scope,
complexity, and magnitude, particularly for government agencies.
6. The quality and quantity of equipment to be assigned to the contract.
Janitorial Services RFP Page 8
7. Recent references from local clients with particular emphasis on local government.
8. The proposed contract costs.
F. COMPLIANCE WITH APPLICABLE LAWS
The Contractor shall have in his/her possession and be familiar with all safety regulations
issued by the State Division of Industrial Safety and shall comply with these and all other
applicable laws, ordinances, and regulations governing Affirmative Action programs.
The Contractor shall provide all safeguards and protective devices and take any other
action necessary to protect the health and safety of their employees on the job, safety of
City employees and the public in connection with the performance of the work required
by this contract.
All Services rendered hereunder by Contractor shall be provided in accordance with all
ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State
or local government agency having jurisdiction in effect at the time service is rendered.
G. SUSPENSION AND /OR CANCELLATION OF CONTRACT
If the event the Contractor fails or refuses to timely perform in accordance with the
agreement or if Contractor violates any provisions of the agreement, the Contractor shall
be deemed in default. If such default is not cured within a period of five (5) working
days, or if more than five (5) working days are reasonably required to cure the default
and Contractor fails to give adequate assurance of due performance within five (5)
working days after Contractor receives written notice of default from City, City may
terminate the agreement forthwith by giving written notice. City may, in addition to the
other remedies provided in the Agreement or authorized by law, terminate the Agreement
by giving written notice of termination.
In addition, the City reserves the right to terminate the agreement without cause upon
thirty (30) days written notice. Upon termination, City will pay to Contractor that portion
of compensation specified in the agreement that is earned and unpaid prior to the
effective date of termination. The Contractor may only terminate the agreement in the
event of nonpayment by the City.
H. FAMILIARITY WITH WORK
By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly
investigated and considered the scope of services to be performed, (b) has carefully
considered how the services should be performed, and (c) fully understands the facilities,
difficulties and restrictions attending performance of the services under this Agreement.
Contractor warrants that Contractor has investigated the site and is fully acquainted with
the conditions there existing, prior to commencement of services hereunder. Should the
Contractor discover any latent or unknown conditions, which will materially affect the
performance of the services hereunder, Contractor shall immediately inform the City of
such fact and shall not proceed except at Contractor's risk until written instructions are
received from the City.
Janitorial Services RFP Page 9
City and Contractor agree that City has made no representation regarding the order or
condition of any area or location for which Contractor is to provide services or that the
site or location of work will be free from defects, apparent or hidden, at the
commencement of, or at any time during the term of this Agreement.
1. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract without the written consent of the City.
J. WORKMANSHIP AND SUPERVISION
K.
I. The work force shall include a thoroughly skilled, experienced, and competent
supervisor who shall be responsible for adherence to the specifications. All
supervisory personnel must be able to communicate effectively in English (both
orally and in writing). Any order given to supervisory personnel shall be deemed
delivered to the Contractor. The supervisor assigned must be identified by name to
ensure coordination and continuity.
2. Work shall be performed by competent and experienced workers.
3. All personnel working at the outlined areas shall be neat in appearance and in
uniforms as approved by the Director. All personnel shall wear identification
badges or patches, and employees working adjacent to traffic lanes must wear
safety vests.
4. Persons employed by the Contractor who are found not to be satisfactory by the
City shall be discharged or reassigned by the Contractor on fifteen (15) days notice
from the City.
All vehicles and equipment used in conjunction with the work shall be maintained in a
neat, clean, and orderly manner and shall be in good working order. The Library Services
Director, or his/her authorized agent, may reject any vehicle or piece of equipment and
order it removed from the service area(s).
L. SAFETY REQUIREMENT
1. All work performed under this contract shall be performed in such a manner as to
provide maximum safety to the public and where applicable, comply with all safety
standards required by CAL -OSHA. The Director reserves the right to issue restraint
or cease and desist orders to the Contractor when unsafe or harmful acts are
observed or reported relative to the performance of the work under this contract.
The Contractor shall maintain all service areas free of hazards to persons and /or
property resulting from his/her operations. Any hazardous condition noted by the
Contractor, which is not a result of his/her operations, shall be immediately reported
to the Director.
Janitorial Services RFP Page 10
M. CLAIMS BY CONTRACTOR'S EMPLOYEES
1. The Contractor shall hold harmless the City and all of its agents, employees, and
officers from any and all damages or claims, of any kind or nature that may be
made or may arise directly or indirectly for the performance of duties by the
Contractor.
2. Contractor shall not permit access into any City of Newport Beach or other private
structures by any unauthorized persons.
N. LIABILITY FOR DAMAGES
The Contractor shall be fully responsible for any and all damage done to City
property, equipment, or other property of the public premises that result from the
Contractor's operations under this contract.
2. The Contractor may insure the equipment, materials, and work to cover
Contractor's interest in the same. The City will not, under any circumstances, be
answerable or accountable for any loss or damage that may happen to said
equipment, materials and work, or any part or parts thereof, used and employed in
fully completing the contract.
3. Contractor shall indemnify and hold harmless the City, its City Council, boards,
commissions, officers, agents, servants and employees from and against any and all
claims and losses whatsoever, including reasonable attorney's fees, accruing or
resulting to any and all persons, firms or corporations furnishing or supplying work,
services, materials, equipment or supplies in connection with the services, work or
activities conducted or performed by Contractor pursuant to the Agreement.
O. ADVERTISING
No advertising of any kind or description, bill posters, printed, painted, or by the use of
any other method application legible to human sight, shall appear on any equipment,
buildings, structures, fences, canopies, posts, or signs except valid and authorized legal
notices required to be placed thereon and except as may he specifically authorized in
these general conditions.
Janitorial Services RFP Page 11
1I. PROPOSAL FORMAT/REOUIREMENTS
Proposals should be typed as briefly as possible and not include any elaborate or unnecessary
promotional material. The following order and content of proposal sections should be
adhered to be each offeror:
A. COVER LETTER
A cover letter not to exceed three (3) pages in length should summarize key elements of the
proposal. The letter must be signed by an individual authorized to bind the offeror.
B. BACKGROUND AND APPROACH/WORKPLAN
Offeror shall include in this section their firm's approach to providing the proposed
janitorial services as presented in the Scope of Work detailed in this RFP. Offeror is to
review City library locations, janitorial tasks, frequency of tasks, and describe in detail how
their firm will meet the requirements of this RFP. The proposal should be presented in a
format that corresponds to and references the sections outlined in the Scope of Work, and
should be presented in the same order. Responses to each section and subsection should be
labeled to indicate which item is being addressed.
C. CONTRACT ORGANIZATION AND STAFFING
Describe your approach and methods for managing the contract. Provide an organization
chart showing all proposed contract team members. Describe the responsibilities of each
person on the contract team. Identify the Contract Director and /or Manager and the person
who will be the key contact with the City of Newport Beach. Also include any additional
information or staff support required from City personnel during the course of the RFP
preparation.
D. RELATED EXPERIENCE
Indicate any recent, directly- related public agency experience or service history. Include
on each listing the name of the agency; description of the work done; primary agency
contact, address and telephone number; dates for the contract; name of the Contract
Director and/or Manager and members of the proposed contract team who worked on the
contract, as well as their respective responsibilities. At least three (3) references should be
included. For each reference, indicate the reference's name, organization affiliation, title,
complete mailing address, and telephone number. The City of Newport Beach reserves the
right to contact any of the organizations or individuals listed.
E. PROPOSAL /COST DATA
Indicate the total monthly cost of janitorial services at each library branch location as
indicated on Attachment C for which you will conduct the contract based upon the
information provided.
Janitorial Services RFP Page 12
F. STATEMENT OF COMPLIANCE
Contractors must submit a Statement of Compliance (Attachment D) with all parts of the
Request for Proposal and Draft Agreement (Attachment F) terms and conditions, or a
listing of exceptions and suggested changes, along with a description of any cost
implications or schedule changes the exceptions and/or changes cause. The Statement of
Compliance must declare either:
This proposal is in strict compliance with the Request for Proposal and Draft
Agreement and no exceptions to either are proposed; or
2. This proposal is in strict compliance with the Request for Proposal and Draft
Agreement except for the items listed.
For each exception and /or suggested change, the Contractor must include:
a. The suggested change in the RFP or rewording of the contractual obligations.
b. Reasons for submitting the proposed exception or change.
c. Any impact the change or exception may have on contract costs, scheduling, or
other considerations.
Please be advised that the City's indemnity and insurance obligations are non - negotiable.
G. OTHER INFORMATION
Include any other information you consider to be relevant to the proposal. Additional
optional services may be provided at the discretion of the Contractor.
H. EMPLOYMENT PROVISION
Contractor agrees that in carrying out its responsibilities under this agreement, and in
particular with regard to the employment of persons and sub - contractors working on the
contract, it will not discriminate on the basis of race, color, creed, national origin, religion,
sex, age, or handicap. In the event any of the work performed by Contractor here under is
subcontracted to another person or firm (with approval of the City as required herein), sub-
contract shall contain a similar provision.
I. INSURANCE PROVISION
On or before the commencement of the term of the Agreement, Contractor shall furnish the
City with certification showing the type, amount, class of operations covered, effective
dates and dates of expiration of insurance coverage in compliance with paragraphs 1 and 2
below. Such certificates, which do not limit the Contractor's indemnification, shall also
contain substantially the following:
Janitorial Services RFP Page 13
"Should any of the above insurance covered by this certificate be canceled 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."
1. Coverage
a. Commercial General Liability: $1,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage. Coverage shall include
third party liability risks, including without limitation, contractual liability. The
aggregate limit shall not be less than $4,000,000.
b. Worker's Compensation: Statutory coverage as required by the State of
California. However, in no event shall the Employer's Liability Insurance be
less than $1,000,000 per occurrence.
c. Commercial Auto Liability and Property Insurance: $2,000,000 combined
single limit per accident for bodily injury and property damage.
2. Please refer to Section 8 (insurance) of Draft Agreement (Attachment F) for further
insurance requirements.
J. GUARANTEES
A Faithful Performance Warranty Bond in the amount of fifty percent (50 %) of the annual
contract price shall be required for the entire duration of the contract period.
Unless otherwise specified, the Contractor shall guarantee that the work performed under
the Contract will be performed to the HIGHEST INDUSTRY STANDARDS specified in
the RFP and remain as such for the term'of the contract. Whenever, in these specifications,
written guarantees are requested, or specified, the Contractor shall guarantee the products
or installations therein described for the time specified and no further guarantee shall be
required.
If defective material or workmanship is discovered by the City in the work proposed within
the contract, and this defective material or workmanship requires repairs to be made under
this guarantee, all such repair work shall be done by and at the expense of the Contractor.
Should the Contractor fail to repair such damage within five (5) working days thereafter,
the City may be the necessary repairs and charge the Contractor with the immediate
attention, the City shall have the right to repair the defect or damage and charge the
Contractor with the actual cost of all labor and material required.
Janitorial Services RFP Page 14
CITY OF NEWPORT BEACH
REQUEST FOR PROPOSAL
RFP NO. 5 -1
JANITORIAL SERVICES FOR CITY LIBRARY
FACILITIES
ATTACHMENT B:
DESCRIPTION OF PROJECT INTENT
(SCOPE OF WORK)
Janitorial Services RFP Page 15
CITY OF NEWPORT BEACH
Request for Proposal
Public Library Janitorial Services
Attachment B: Description of Project Intent (Scope of Work)
I. INTENT
The intent of these specifications is to provide a description of the required janitorial
services at four (4) City of Newport Beach Library Services branch locations.
II. WORKING HOURS
Normal working hours shall vary depending on the library branch. The working hours for
each branch shall be listed below:
Central Library Branch: Monday - Thursday: after 9:00 P.M.
(7 Days) Friday - Saturday: after 6:00 P.M.
Sunday: after 5:00 P.M.
Balboa Branch: Monday & Wednesday: after 9:00 P.M.
(6 Days) Tuesday & Thursday- Saturday: after 6:00 P.M.
Mariners Branch: Monday - Thursday: after 9:00 P.M.
(7 Days) Friday- Saturday: after 6:00 P.M.
Sunday: after 5:00 P.M.
Corona del Mar Branch: Tuesday- Saturday: after 9:00 P.M.
(5 Days)
III. SUPERVISION OF CONTRACT
Any specific problem area which does not meet the conditions of the specifications set
forth herein shall be called to the attention of the Contractor and if not corrected, payment
to the Contractor will not be made until condition is corrected in a satisfactory manner as
set forth in the specifications.
IV. SPECIFICATIONS
This Scope of Work is intended to cover all labor, material and standards of workmanship
to be employed in the work called for in this RFP or reasonably implied by terms of same.
Work or materials of a minor nature which may not be specifically mentioned, but which
may be reasonably assumed as necessary for the completion of this work, shall be
performed by the Contractor as if described in the specifications.
Janitorial Services RFP Page 16
V. DESCRIPTION OF PROJECT (SCOPE OF WORKI
Please see the attached following pages for a detailed description of the services required
for each library branch location. Indicate the cost information in the spaces provided for
each branch location.
janitorial Services RFP Page 17
SECTION II: ACTIVITIES / REQUIREMENTS / COSTS
JANITORIAL SPECIFICATIONS
CENTRAL LIBRARY SERVICE SCHEDULE —
1000 Avocado Avenue, Newport Beach, CA 92660
Monday —Thursday, after 9:00 p.m. Friday— Saturday, after 6:00 p.m. Sunday, after 5:00 p.m.
[7 Days ]
Area: First Floor 22,058 Sq. Ft. Carpet 3,000 Sq. Ft. Tile (estimate)
Second Floor 21,473 Sq. Ft. Carpet
Daily Activities
Bathrooms and Kitchens:
• Clean bathrooms and kitchens, including sinks, counters, toilets - urinals.
• Polish all bright work.
• Dust partitions, tops of mirrors and frames.
• Wet mop floors and rinse with disinfectant.
• Restock supplies, taking care to place paper goods properly in dispensers, and keeping soap dispensers
unclogged.
• Wipe towel and toilet paper dispensers.
• Remove splash marks from walls around basins.
• Clean and polish mirrors.
• Load dishwasher and start operation.
• Clear tabletops and deposit trash in container.
• Remove trash and relocate to collection point.
Carpets and Floors:
• Vacuum all carpeted areas thoroughly, using the proper setting for this carpet throughout the library.
• Sweep and dry/wet mop all floors, including the stairs.
Dusting:
• Thoroughly dust desks, counters, tables, machines, pictures, sign frames, and windowsills, including the
reference desk and telephone reference desk/counter areas.
Trash and Trash Can Areas:
• Remove all trash from receptacles both inside and outside the library, and move to collection point in the
building.
• Replace liners in all trash receptacles.
• Sift cigarette butts from trash ums.
• Sweep areas around outside trash receptacles, including any gravel on walkway by front door (sweep back
onto gravel pathways).
Furniture and other areas:
• Wipe tables, desks, countertops and vertical partitions, and clean thoroughly enough to remove any spills,
coffee (or liquid) rings, pencil and ink marks, etc.
• Dispose of all paper and food scraps in the public areas, including (but not limited to) candy wrappers,
crumpled tissues, water bottles, etc.
• Return chairs, ottomans, and tables to their places.
• Clean, disinfect, and dry polish drinking fountains.
• Clean and disinfect telephones.
• Clean entryway doors and windows.
Janitorial Services RFP Page 18
Computer Room:
• Sweep or dry mop floor nightly.
Weekly Activities
Carpets and Floors:
• Vacuum all corners, edges, and beneath furniture using special attachments for vacuum to get into the
corners.
• Buff hard surface floors in order to present the best possible appearance at all times.
Dusting:
• Thoroughly dust all vertical surfaces of desks, files. cabinets, chairs, tables, book stacks and workspace
partitions.
Furniture and Other Areas:
• Thoroughly vacuum upholstered furniture.
• Clean glass on interior doors and windows of the computer room and interior offices.
• Remove fingerprints and marks from around light switches and door frames.
• Computer Room:
• Wet mop floors and rinse with disinfectant weekly.
Monthly Activities
Bathrooms and Kitchens:
• Clean refrigerator completely, including the disposal of all contents monthly on pre - arranged date
Carpets and Floors:
• Wax and coal floors monthly.
Dusting:
• Dust top shelf (usually empty) on book stacks.
• Dust bottom shelf (usually empty) on book stacks.
• Dust top of the partition surrounding Telephone Reference.
• Dust surfaces, inside and out, of current/recent magazine shelves.
• Dust high ledge on outside wall of back stairwell.
Furniture and Other Areas:
• Clean and disinfect stair railings (all around the handrail) monthly, including stairs in main lobby and leading
up from children's area.
• Clean the desk tops in the staff work areas monthly on a pre - arranged schedule.
Ouarterly Activities
Carpets and Floors:
• Shampoo carpets in Main areas on pre - arranged date:
• Main entry way
• Popular Library
• Main entry — 2nd floor
Janitorial Services RFP Page 19
Semi - Annual Activities
Bathrooms and Kitchens:
• Clean freezer completely, including the disposal of all contents twice yearly on pre- arranged date.
• Carpets and Floors:
• Strip and wax or coat floors twice yearly.
• Clean metal edging on stair treads twice yearly.
• Shampoo carpets on pre- arranged date:
• Children's Room including Story Room
• Aisles not between book stacks
• Staff Lounge
• Conference Room
• Friends Meeting Room
• Open Study Areas
• Quiet Reading Room
• Telephone Reference Room
Furniture and Other Areas:
• Clean and polish all wood trim areas on edges of furniture, display /storage cases, and public tables and desks
twice yearly.
• Computer Room:
• Strip and wax floors twice yearly on a pre- arranged schedule.
Annual Activities
Carpets and Floors:
• Shampoo carpets on pre - arranged date:
• Administrative and staff work areas
• Study rooms
• Aisles between stacks
Furniture and Other Areas:
• Shampoo upholstered furniture annually.
Activities to be Done as Needed
Bathrooms:
• Unclog problem toilets as needed.
Carpets and Floors:
• Spot clean carpet when and where appropriate.
Other Requirements
• Provide day porter service Monday through Thursday at 4:00p.m. to clean surfaces in restrooms,
replenish supplies, and remove trash.
• Provide monthly site inspection by supervisor.
• Provide emergency cleaning during the day, 7 days a week, with person able to respond to call within 2
hours, for plunging and cleaning up toilets or cleaning up after sick customers (City would pay extra per call).
• Provide a night manager or contact available on call in case of problems with closing, locking, and setting
building alarm.
Janitorial Services RFP Page 20
• Include at least one English- speaking employee in the crew.
• Prohibit anyone except janitorial service employees to accompany the crew in the building during closed
hours.
• Bring defective or inoperative building equipment to the attention of the Library staff the next day.
• Keep janitor closets, equipment and materials neat, clean and in an orderly condition at all times.
• Provide all cleaning supplies, trash bags, urinal screens and liquid hand soap (Superior Hand Soap by W axie
or approved substitute brand). City provides paper supplies (towels, toilet paper and seat covers).
• Contractor shall post copies of MSDS (Material Data Sheets) for all chemicals used in each custodial closet
in compliance with OSHA Hazard Communication Standard 29 CFR 190 - 12000. This shall include labeling
the contents of all secondary type plastic bottles or containers.
*Transfer the following information over to Attachment C*
Monthly Labor Hours Central Library
Total Monthly Cost for Central Library
Cost/Hour —Emergency Cleaning Service
[2 -Hour Response]
janitorial Services RFP Page 21
BALBOA BRANCH LIBRARY SERVICE SCHEDULE —
100 East Balboa Blvd., Newport Beach, CA 92660
Monday & Wednesday, after 9:00 p.m. Tuesday, Thursday— Saturday, after 6:00 p.m.
[6 Days]
Area: 6,000 Sq. Ft. Mostly Carpet Except Restrooms
Daily Activities
Bathrooms and Kitchens:
• Clean bathrooms and kitchens, including sinks, counters, toilets and urinals.
• Palish all bright work.
• Wipe down wall to remove marks..
• Wet mop floors and rinse with disinfectant.
• Restock supplies, taking care to place paper goods properly in dispensers, and keeping soap dispensers
unclogged.
• Wipe towel and toilet paper dispensers.
• Remove splash marks from walls around basins.
• Clean and polish mirrors and dust tops of frames
• Remove trash.
• Unclog problem toilets as needed.
Carpets and Floors:
• Thoroughly vacuum all carpets, using the proper setting for this carpet throughout the library.
• Sweep and dry/wet mop all floors.
Dusting:
• Thoroughly dust desks, counters, tables, machines, pictures, sign frames, and windowsills.
Trash and Trash Can Areas:
• Remove all trash from receptacles both inside and outside the library, and move to collection point in the
building.
• Replace liners in all trash receptacles.
• Sift cigarette butts from trash ums.
• Sweep areas around outside trash receptacles.
Furniture and other areas:
• Wipe tables and countertops and remove any spills, coffee rings, pencil and ink marks, etc.
• Return chairs and tables to their proper places.
• Clean, disinfect, and dry polish drinking fountains.
• Clean and disinfect telephones.
Weekly Activities
Carpets and Floors:
• Vacuum all comers, edges, and beneath furniture using special attachments for vacuum to get into the
comers.
• Buff hard surface floors in order to present the best possible appearance at all times.
Dusting:
• Thoroughly dust all vertical surfaces of desks, files, cabinets, chairs, tables, book stacks and blinds.
Janitorial Services RFP Page 22
Furniture and Other Areas:
• Vacuum upholstered furniture thoroughly.
• Clean interior glass doors and window in the computer room and interior offices.
• Remove fingerprints and marks from around light switches and door frames.
Monthly Activities
Dusting:
• Dust high shelves on book slacks.
Bi- Monthly Activities
Carpets and Floors:
• Wax and coat floors bi- monthly.
Semi- Annual Activities
Carpets and Floors:
• Strip and wax or coat floors twice per year.
Annual Activities
Carpets and Floors:
• Shampoo carpets in all areas of the building annually.
Furniture and Other Areas:
• Shampoo upholstered furniture annually.
Activities to be Done as Needed
Bathrooms:
• Unclog problem toilets as needed.
Carpets and Floors:
• Spot clean carpet when and where appropriate.
Other Reauirements
• Provide monthly site inspection by supervisor.
• Provide emergency cleaning during the day, 6 days a week, with person able to respond to call within 2
hours, for plunging and cleaning up toilets or cleaning up after sick customers (City would pay extra per call).
Janitorial Services RFP Page 23
• Provide a night manager or contact available on call in case of problems with closing, locking, and setting
building alarm.
• Include at least one English- speaking employee in the crew.
• Prohibit anyone except janitorial service employees to accompany the crew in the building during closed
hours.
• Bring defective or inoperative building equipment to the attention of the Library staff the next day.
• Keepjanitor closets, equipment and materials neat, clean and in an orderly condition at all times.
• Provide all cleaning supplies, trash bags, urinal screens and liquid hand soap (Superior Hand Soap by W axle
or approved substitute brand). City provides paper supplies (towels, toilet paper and seat covers).
• Contractor shall post copies of MSDS (Material Data Sheets) for all chemicals used in each custodial closet
in compliance with OSHA Hazard Communication Standard 29 CFR 190- 12000. This shall include labeling
the contents of all secondary type plastic bottles or containers.
*Transfer the following information over to Attachment C*
Monthly Labor Hours Balboa Library
Total Monthly Cost for Balboa Library
Cost/Hour — Emergency Cleaning Service
[2 -Hour Response]
Janitorial Services RFP Page 24
MARINERS BRANCH LIBRARY SERVICE SCHEDULE —
1300 Irvine Avenue, Newport Beach, CA 92660
Monday —Thursday, after 9:00 p.m. Friday —Saturday, after 6:00 p.m. Sunday, after 5:00 p.m.
[7 Days]
Area: 15,000 Sq. Ft. Mostly Carpet — Tile Floor in Entry Way, Workroom,
Restrooms and Kitchen
Daily Activities
Bathrooms and Kitchens:
• Clean bathrooms and kitchens, including sinks, counters, toilets and urinals.
• Wipe down wall to remove marks.
• Wet mop floors and rinse with disinfectant.
• Restock supplies, taking care to place paper goods properly in dispensers, and keeping soap dispensers
unclogged.
• Wipe towel and toilet paper dispensers.
• Remove splash marks from walls around basins.
• Clean and polish mirrors and dust tops of frames.
• Remove trash.
• Unclog problem toilets as needed.
Carpets and Floors:
• Thoroughly vacuum all carpets, using the proper setting for this carpet throughout the library.
• Sweep and dry/wet mop all Floors.
Dusting:
• Thoroughly dust desks, counters, tables, machines, pictures, sign frames, and windowsills.
Trash and Trash Can Areas:
• Remove all trash from receptacles both inside and outside the library, and move to collection point in the
building.
• Replace liners in all trash receptacles.
• Sift cigarette butts from trash urns.
• Sweep areas around outside trash receptacles.
Furniture and other areas:
• Wipe tables, desks, countertops and remove any spills, coffee rings, pencil and ink marks, etc.
• Return chairs, ottomans, and tables to their places.
• Clean, disinfect, and dry polish drinking fountains.
• Clean and disinfect telephones.
Weekly Activities
Carpets and Floors:
• Vacuum all corners, edges, and beneath furniture using special attachments for vacuum to get into the
corners.
• Buff hard surface floors in order to present the best possible appearance at all times.
Dusting:
Janitorial Services RFP Page 25
• Thoroughly dust all vertical surfaces of desks, files, cabinets, chairs, tables, book stacks and blinds.
Furniture and Other Areas:
• Vacuum upholstered furniture thoroughly.
• Clean interior glass doors and windows in the computer room and interior offices.
• Remove fingerprints and marks from around light switches and door frames.
Monthly Activities
Dusting:
• Dust high shelves on book stacks.
Bi- Monthly Activities
Carpets and Floors:
a Wax or coat floors bi- monthly.
Semi - Annual Activities
Carpets and Floors:
a Strip and wax or coat floors twice per year.
Annual Activities
Carpets and Floors:
• Shampoo carpets in all areas of the building annually.
Furniture and Other Areas:
• Shampoo upholstered furniture annually.
Activities to be Done as Needed
Bathrooms:
• Unclog problem toilets as needed.
Carpets and Floors:
a Spot clean carpet when and where appropriate.
Other Requirements
• Provide monthly site inspection by supervisor.
• Provide emergency cleaning during the day, 7 days a week, with person able to respond to call within 2
hours, for plunging and cleaning up toilets or cleaning up after sick customers (City would pay extra per call).
• Provide a night manager or contact available on call in case o f problems with closing, locking, and setting
building alarm.
Janitorial Services RFP Page 26
• Include at least one English- speaking employee in the crew.
• Prohibit anyone except janitorial service employees to accompany the crew in the building during closed
hours.
• Bring defective or inoperative building equipment to the attention of the Library staff the next day.
• Keepjanitor closets, equipment and materials neat, clean and in an orderly condition at all times.
• Provide all cleaning supplies, trash bags, urinal screens and liquid hand soap (Superior Hand Soap by W axie
or approved substitute brand). City provides paper supplies (towels, toilet paper and seat covers).
• Contractor shall post copies of MSDS (Material Data Sheets) for all chemicals used in each custodial closet
in compliance with OSHA Hazard Communication Standard 29 CFR 190 - 12000. This shall include labeling
the contents of all secondary type plastic bottles or containers.
*Transfer the following information over to Attachment C*
Monthly Labor Hours Mariners Library
Total Monthly Cost for Mariners Library
Cost/Hour — Emergency Cleaning Service
[2 -Hour Response]
janitorial Services RFP Page 27
CORONA DEL MAR BRANCH LIBRARY SERVICE SCHEDULE —
420 Marigold Ave., Corona del Mar, CA 92660
Tuesday — Saturday, after 9:00 p.m. [5 Days]
Area: 3,800 Sq. Ft. Mostly Carpet Except Restrooms
Daily Activities
Bathrooms and Kitchens:
• Clean bathrooms and kitchens, including sinks, counters, toilets and urinals.
• Polish all bright work.
• Wipe down wall to remove marks.
• Wet mop floors and rinse with disinfectant.
• Restock supplies, taking care to place paper goods properly in dispensers, and keeping soap dispensers
unclogged.
• Wipe towel and toilet paper dispensers.
• Remove splash marks from walls around basins.
• Clean and polish mirrors and dust tops of frames
• Remove trash.
• Unclog problem toilets as needed.
Carpets and Floors:
• Thoroughly vacuum all carpets, using the proper setting for this carpet throughout the library.
• Sweep and dry/wet mop all floors.
Dusting:
• Thoroughly dust desks, counters, tables, machines, pictures, sign frames, and windowsills.
Trash and Trash Can Areas:
• Remove all trash from receptacles both inside and outside the library, and move to collection point in the
building.
• Replace liners in all trash receptacles.
• Sift cigarette butts from trash ums.
• Sweep areas around outside trash receptacles.
Furniture and other areas:
• Wipe tables and countertops and remove any spills, coffee rings, pencil and ink marks, etc.
• Return chairs and tables to their proper places.
• Clean, disinfect, and dry polish drinking fountains.
• Clean and disinfect telephones.
Weekly Activities
Carpets and Floors:
• Vacuum all comers, edges, and beneath furniture using special attachments for vacuum to get into the
comers.
• Buff hard surface floors in order to present the best possible appearance at all times.
Dusting:
• Thoroughly dust all vertical surfaces of desks, files, cabinets, chairs, tables, book stacks and blinds.
Janitorial Services RFP Page 28
Furniture and Other Areas:
• Vacuum upholstered furniture thoroughly.
• Clean interior glass doors and window in the computer room and interior offices.
• Remove fingerprints and marks from around light switches and door frames.
Bi- Monthly Activities
Carpets and Floors:
• Wax and coat floors bi- monthly.
Semi - Annual Activities
Carpets and Floors:
• Strip and wax or coat floors twice per year.
Annual Activities
Carpets and Floors:
• Shampoo carpets in all areas of the building annually.
Furniture and Other Areas:
• Shampoo upholstered furniture annually.
Activities to be Done as Needed
Bathrooms:
• Unclog problem toilets as needed.
Carpets and Floors:
• Spot clean carpet when and where appropriate.
Other Requirements
• Provide monthly site inspection by supervisor.
• Provide emergency cleaning during the day, 5 days a week, with person able to respond to call within 2
hours, for plunging and cleaning up toilets or cleaning up after sick customers (City would pay extra per call).
• Provide a night manager or contact available on cal I in case of problems with closing, locking, and setting
building alarm.
• Include at least one English - speaking employee in the crew.
• Prohibit anyone except janitorial service employees to accompany the crew in the building during closed
hours.
• Bring defective or inoperative building equipment to the attention of the Library staff the next day.
• Keep janitor closets, equipment and materials neat, clean and in an orderly condition at all times.
• Provide all cleaning supplies, trash bags, urinal screens and liquid hand soap (Superior Hand Soap by W axie
or approved substitute brand). City provides paper supplies (towels, toilet paper and seat covers).
janitorial Services RFP Page 29
• Contractor shall post copies of MSDS (Material Data Sheets) for all chemicals used in each custodial closet
in compliance with OSHA Hazard Communication Standard 29 CFR 190- 12000. This shall include labeling
the contents of all secondary type plastic bottles or containers.
*Transfer the following information over to Attachment C*
Monthly Labor Hours Corona del Mar Library
Total Monthly Cost for Corona del Mar Library
CostfHour — Emergency Cleaning Service
[2 -Hour Response]
Janitorial Services RFP Page 30
CITY OF NEWPORT BEACH
REQUEST FOR PROPOSAL
RFP NO. 5 -1
JANITORIAL SERVICES FOR CITY LIBRARY
FACILITIES
ATTACHMENT C:
PROPOSAL FORM
Janitorial Services RFP Page 31
08 -5ep -2009 11141 AM CNB - PurohaainV 9496427072
MY OF NE WPORT REACH
Requesi: for Proposal
City Faciliti:s Refuse Removal
AttaclirFrmerti ('. Proposal Form
PROPOSAL COST DATA SUMMARY FOR ALL
NEWPORT BEACH LIBRARY BRANCHES
Brana
Mantbly Labor
Roars
Total Mont* Cost
CDUGottr (Emergency
Cieasin
_
Central (7 dayshweek)
_
(4 c)
3 Pod
/7, I'D
Balboa (6 days/woek)
r/
7 b a
.0 7. is
marl = (7 daystweek)
-
/;_0
! Cr, "D D
/7, C v
Cormu del Me (S dayslweek)
3-3 y rrk. ka
N / �• � o
TOTAL
` tt. J to 3
1V /A
Si te/ Titltr
4 /lg
Lon
D&
janitorial Services RPP Page 32
2/4
nti 59L£669M SO:ZZ 6002;/00/60
CITY OF NEWPORT BEACH
`c/ FO k`:
REQUEST FOR PROPOSAL
RFP NO. 5 -1
JANITORIAL SERVICES FOR CITY LIBRARY
FACILITIES
ATTACHMENT D:
'TATEMENT OF COMPL.
Janitorial Services RFP Page 33
CITY OF NEWPORT BEACH
Request for Proposal
City Facilities Refuse Removal
Attachment D: Statement of Compliance
Each proposal must be accompanied by a signed Statement of Compliance. The Contractor must
sign one of the declarations stated below.
I. The person signing below declares that the proposal submitted
Ph- Q %, (Z H to perform Janitorial Services
Libraries as described in the RFP dated (,I,— 2009 was prepared
with the instructions, conditions, and terms of the RFP, the Scone
Agreement.
v'
Signatun
",KF!,Mwk P
Printed Name and Title
by (Name of Firm)
for City's Public
in strict compliance
of Work, and Draft
1, 0-1
Date
H. By signing below, the Contractor states that the proposal submitted by (Name of
Firm) PRO(ofiEEt -T has been prepared in consideration of and
(� with exception to some of the terms of the RFP, Scope of Work, and Draft Agreement. The
Contractor is advised that exceptions and /or a suggested change to any of the terms of the
RFP, the Scope of Work, or Draft Agreement must be submitted in writing as an attachment
to the proposal submittal. By signing below, the Contractor declares that the proposal
includes a statement that identifies each item to which the Contractor is taking exception or
is recommending change, includes the suggested rewording of the contractual obligations or
suggested change in the RFP, identifies the reasons for submitting the proposed exception or
change, as well as, any impact the change or exception may have on contract costs,
scheduling, or other considerations. The City reserves the right to reject any declarations
that are not accompanied with the required documentation as described above.
Date l— �l�' --
Printed Name and Title
Janitorial Services RFP Page 34
CITY OF NEWPORT BEACH
<- /Fp R'-
REQUEST FOR PROPOSAL
RFP NO. 5 -1
JANITORIAL SERVICES FOR CITY LIBRARY
FACILITIES
ATTACHMENT E:
STATEMENT OF ABILITY TO Mj
REQUIREMENTS O
IE DISPLACI
JANITORS OPPORTUNITYACT (S.B. 20)
janitorial Services RFP Page 35
CITY OF NEWPORT BEACH
Request for Proposal
City Facilities Refuse Removal
Attachment E: Statement of Ability to Meet Requirements of the
Displaced Janitors Opportunity Act (S.B. 20)
In accordance with S.B. 20 the Displaced Janitors Opportunity Act adds Sections 1060 and 1065
to the State of California Labor Code. This act requires contractors or subcontractors who receive
and award for ongoing janitorial services to hire employees who performed janitorial work for the
previous contractor or subcontractor.
The new contractor or subcontractor must employ the displaced workers for sixty (60) days,
provide a written evaluation of work after sixty (60) days, and if performance is satisfactory, offer
continued employment. Sections 1060 and 1065 may be accessed through the State of California
Labor Code or copies of these sections may be obtained by contacting Anthony Nguyen, Senior
Buyer.
Contractor is requested to describe how their firm shall comply with this Act-
(2 9-- o Co t Will -�Co I I c)w A kia Aoa Em- 'ia
—Tt4if per( u1f�EdV+1�1� "S si �p�t +AAeD i J -C�
—'5-9 -2-q 'DiSPLAK-15b -TAIJIroik
`,W
Janitorial Services RPP Page 36
L
0 8 IL
4m
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
ec.
Agenda Item No. 6
October 13, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Library Services Department
Cynthia Cowell, Library Services Director
949- 717 -3810 or ocowell @newportbeachca.gov
SUBJECT: Janitorial Services Contract Approval of Professional Services
Agreement with Progreen Building Maintenance, Inc, for Library
Facility Janitorial Services
Recommendations:
Approve a Professional Services Agreement with Progreen Building Maintenance, Inc.,
of Whittier, CA, for Janitorial Services at a not to exceed price of $6,384.80 per month
and authorize the Mayor and City Clerk to execute the Agreement.
• Discussion:
Seven (7) firms were invited to submit proposals to provide janitorial services.
Five (5) firms responded to the City's request for proposals:
• Comeland Maintenance Company
• Bergenson's Property Services, Inc.
• New World Service
• Progreen Building Maintenance, Inc.
• Metro Services, Inc.
The proposals were independently reviewed to evaluate each firm's qualifications, past
experience on similar projects, and availability before ranking Progreen Building
Maintenance, Inc. the highest. Upon selection, staff negotiated with Progreen Building
Maintenance, Inc. to provide the necessary scope of services for a fee of $6,384.80 per
month. Progreen Building Maintenance, Inc. has completed janitorial services
competently and professionally on similar projects for other local agencies in Southern
California.
The scope of janitorial professional services will include thorough cleaning of the four (4)
• Library facilities in Newport Beach as specified in the request for proposal no. 5-1. These
specifications include nightly cleaning at the Central Library as well as the services of a
0 0
Janitorial Services Contract
T October 13, 2009
Page 2
day porter four (4) days a week; cleaning of the Mariners Branch Library nightly; cleaning
of the Balboa Branch Library six (6) nights a week and cleaning at the Corona del Mar
Branch Library five (5) nights a week. Progreen will commit 444.6 hours per month to
complete the janitorial services specified by the contract Aside from the monthly charge
of $6,384.80, this contract will also include emergency services with a guaranteed two (2)
hour response time at a set fee of $17.50 per hour. This contract period will be from
October 1, 2009 until June 30, 2011, renewable for three (3) additional years, in one -year
increments.
Funding Availability:
There are sufficient funds available in the following accounts for the project:
Account no. 4020 -8181
4030 -8181
4040 -8181
4050 -8181
Prepared by: (7thia ad b� :
Meli �y Co well
Support Services Coordinator Library Services Director
Attachment: Professional Services Agreement
•
•
•
9. 0
JANITORIAL SERVICE AGREEMENT
• WITH PROGREEN BUILDING MAINTENANCE, INC.
FOR JANITORIAL SERVICES AT CITY'S PUBLIC LIBRARIES
THIS SERVICE AGREEMENT, is made and entered into this day
Of , 2009 ( "Commencement Date ") by and between the CITY OF
NEWPORT BEACH, a Municipal Corporation and Charter City ( "City "), and Progreen
Building Maintenance, Inc., a California corporation located at 10834 E. Whittier
Boulevard, Whittier, CA 90606 ( "Contractor"), and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duty organized and validly existing under the laws
of the State of California with the power to cant' on its business as it is now being
conducted under the statutes of the State of California and the Charter of the City
of Newport Beach.
B. In May, 2009 the City issued a Request for Proposal ( "RFP ") seeking proposals
from qualified janitorial and building maintenance companies to provide janitorial
services at various locations for the City of Newport Beach Library Services
Department. Contractor submitted the lowest responsible bid among the firms
that responded to the RFP.
• C. City desires to engage Contractor to provide the janitorial services as outlined in
the RFP and this Agreement (the "Project ").
D. City has reviewed the previous experience of Contractor and desires to retain
Contractor to render janitorial services under the terms and conditions set forth in
this Agreement.
E. Contractor acknowledges that City has relied upon Contractor's representations
and Contractor commits to faithfully perform the services required by this
Agreement and to perform the services in accordance with the terms and
conditions set forth in this Agreement.
F. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications relative to the type and frequency of the work to
be performed, is familiar with all conditions relevant to the performance of
services and has committed to perform all work required for the price specked in
this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
• 1. TERM
Unless terminated earlier in accordance with Section 26 of this Agreement, 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 Agreement and upon the City's
receipt and approval of all required bonds and insurance.
The term of this Agreement shall automatically be 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
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 Agreement. Time is of the essence in the
performance of services under this Agreement.
2. SCOPE OF SERVICES
A. Contractor shall meet all the requirements and conditions specified in
Exhibit A. Contractor shall perform the work and services at the locations
as set forth in the Scope of Work attached hereto as Exhibit B at the
provided Bid Unit Prices and Costs contained in Exhibit C. All of these
Exhibits are considered to be a part of, and are incorporated into, this
Agreement by reference.
B. As a material inducement to the City for entering into this Agreement,
Contractor warrants that all work and services to be provided hereunder
shall be performed in a competent, professional and satisfactory manner
by an adequate level of staff with the appropriate level of training.
Contractor covenants that it shall follow the highest professional standards
in performing the work and services and that all equipment and supplies •
used will be of good quality, fit for the purpose intended. For purposes of
this Agreement, 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.
3. PERSONNEL REQUIREMENTS AND SUPERVISION
A. The Contractor shall have present on the job at all times during the
working hours a competent Supervisor, who shall be responsible for
adherence to the specifications outlined in the Scope of Services and the
cleaning requirements set forth in Exhibit A. The Supervisor shall be able
to communicate effectively in the English language (both orally and in
writing). Prior to the commencement of work, Contractor shall submit to
the Library Services Director for prior approval the name of the person
intended to be employed as Supervisor for the duration of the contract,
along with his qualifications and past experience. The Supervisor shall be
required to report regularly to the Library Services Director or his or her
designee, as necessary to review cleaning requirements and deficiencies.
B. All contract services shall be performed by competent and experienced
employees. The 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
ProGn:en Building Maintenance, Inc. Page 2
0 0
perform work under this Agreement. 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.
C. All supervisors and lead workers must be able to communicate effectively
in English (both orally and in writing). Any order given to these
supervisors or lead workers shall be deemed delivered to the Contractor.
D. The City reserves the right to conduct a background investigation of any
employee of Contractor and to require the Contractor to remove any
employee whose performance is deemed unsatisfactory in the City's sole
discretion. Persons employed by the Contractor who are found
unsatisfactory by the City shall be discharged or reassigned by the
Contractor on fifteen (15) days notice from the City.
E. Contractor shall be responsible for compliance with all local, state, and
federal laws and regulations regarding chemical usage. Contractor shall
employ or retain, at its .sole cost and expense, all professional and
technical personnel necessary to properly perform contract services.
F. All Contractor personnel working under this Agreement shall be neat in
appearance. Contractor shall provide each employee with a uniform (shirt
or blouse), as approved by the Library Services Director or his/her
• designee. All Contractor personnel shall wear identification badges or
patches.
G. All work shall be performed in accordance with the highest janitorial and
building maintenance standards.
H. Contractor shall provide an Operations Manager to coordinate work with
the Library Services Director or his /her designee and ensure satisfactory
performance of contract services. A supervisor shall coordinate work
crews on a daily basis to ensure compliance with the terms of this
Agreement.
I. The City will periodically inspect all work performed by the Contractor.
J. Contractor shall ensure there is no lapse in service. Complete cleaning
services will be required on a regular schedule as set forth in Exhibit A.
4. LICENSES, FEES, PERMITS AND TAXES
Contractor shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the services required by
this Agreement. Contractor shall have the sole obligation to pay for any fees,
assessments and taxes, plus applicable penalties and interest, which may be imposed
•by law and arise from or are necessary for the Contractor's performance of the services
required by this Agreement, and shall indemnify, defend and hold harmless City against
ProGreen Building Maintenance, Inc. Page 3
0 0
any such fees, assessments, taxes, penalties or interest levied, assessed or imposed
against City hereunder.
5. COMPLIANCE WITH ALL LAWS •
All work and services rendered hereunder shall be provided in accordance with all
ordinances, resolutions, statutes, rules and regulations of the City and any Federal,
State, or local governmental agency of competent jurisdiction.
6. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of Six Thousand Three Hundred Eighty Four
Dollars and 801100 ($6,384.80) per month for a total not to exceed Seventy -Six
Thousand Six Hundred Seventeen and 601100 ($76,617.60) annually ( "Annual
Contract Amount") to perform all the work and services contemplated by and described
in Exhibits A through E, attached hereto and incorporated herein by reference.
Payment for services shall be made to the Contractor once a month upon submission of
an invoice explaining in sufficient detail the services performed. City shall pay invoices
within thirty (30) days after approval of the invoice by the City. Payment shall be
deemed made when deposited in the United States mail, first -class postage pre -paid,
and addressed to Contractor as specified in Section entitled "Notices."
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 October 1,
2011, the index to be used for the numerator is the index for the month of July 2011 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 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.
•
ProGreen Building Maintenance, Inc. Page 4
7. INDEPENDENT CONTRACTOR
I• It is understood that City retains Contractor on an independent contractor basis and
Contractor is not an agent or employee of 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 expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Contractor or any of Contractor's
employees or agents, to be the agents or employees of City. Contractor shall have the
responsibility for and control over the means of performing the work, provided that
Contractor is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Contractor as to the details of
the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the services.
8. EQUIPMENT AND CLEANING SUPPLIES
At its sole cost, the Contractor shall supply all necessary tools, equipment, and labor
that may be necessary to perform the work outlined herein. Contractor shall also
provide all cleaning materials and supplies, such as cleaners, liquid wax, liquid floor
soap, seals, detergents, and disinfectants. All cleaning supplies and /or chemicals to be
used on the job must be pre- approved by the City. Equipment used by the Contractor
must be of commercial quality and in good working condition at all times.
• The City will furnish consumable items such as toilet paper, paper towels, toilet seat
covers, sanitary napkins, disposable bags, and hand soap. However, Contractor shall
provide trash liners, 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.
E
9. . REPAIRIREPLACEMENT
A. The Contractor shall adopt reasonable methods to furnish continuous
protection to City property and equipment to prevent loss or damage, and
shall be responsible for all such damages, to persons or property, except
such loss or damage as may be caused by City's sole negligence or willful
misconduct.
B. Contractor shall advise the Library Services Director of any damage to
City equipment or property immediately upon becoming aware of the
damage.
C. Contractor shall repair, at its sole cost and expense, any damage to City
equipment or property caused by Contractor or its agents, employees,
representatives or officers.
ProGreen Building Maintenance, Inc. Page 5
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10. FAMILIARITY WITH WORK AND WORK SITE
A. By executing this Agreement, Contractor warrants that Contractor. (a) has •
thoroughly investigated and considered the Scope of Services to be
performed, (b) has carefully considered how the services should be
performed, and (c) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement.
Contractor warrants that Contractor has investigated the sites listed in
Exhibit B and is fully acquainted with the conditions there existing, prior to
commencement of services hereunder.
B. City and Contractor agree that City has made no representation regarding.
the order or condition of any area or location for which Contractor is to
provide services or that the site or location of work will be free from
defects, apparent or hidden, at the commencement of, or at any time
during the term of this Agreement.
11. HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents and
employees (collectively, the 'Indemnified Parties ") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's •
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or
indirectly) to any work performed or services provided under this Agreement (including,
without limitation, defects in workmanship and /or materials) or Contractor's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, Contractors, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Contractor
to indemnify the Indemnified Parties from any Claim arising from the sole negligence or
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the Contractor.
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 Agreement, a policy or policies of liability insurance of the type and amounts •
described below and in a form satisfactory to City.
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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 Agreement.
B. 2 nature. 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 Reauirements.
i. 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; however, in no event shall the Employer's
• Liability Insurance be less than one million dollars ($1,000,000) per
occurrence. 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 Agreement, 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 Agreement, including coverage for
0 any owned, hired, non -owned or rented vehicles, in an amount not
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less than one million dollars ($1,000,000) combined single limit for
each occurrence.
E. Endorsements. Each general liability, employer's 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 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.
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 shalt 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 Agreement.
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.
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13. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
• A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any
attempted or purported assignment without the consent of the City shall be
null and void. Contractor acknowledges that these provisions relative to
assignment are commercially reasonable and that Contractor does
possess special skills, abilities, and personnel uniquely suited to the
performance of contract services and any assignment of this Agreement to
a third party, in whole or in part, could jeopardize the satisfactory
performance of contract services. Contractor may not employ any
subcontractors unless specifically authorized by City.
B. 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 venture which shall result in changing the control
of Contractor, shall be construed as an assignment of this Agreement.
14. RECORDS AND REPORTS
A. All Contractor's books and other business records, or such part as may be
used in the performance of this Agreement, shall be subject to inspection
and audit by any authorized City representative during regular business
• hours.
B. Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the Library Services
Director or his/her designee within ten (10) days after the end of each
month.
C. Contractor shall keep records and invoices in connection with its work to
be performed under this Agreement. 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.
15.
This Agreement will be administered by the Library Services Department. The Library
Support Services Coordinator, Melissa Kelly, shall be considered the City's
Administrator and shall have the authority to act for the City under this Agreement. The
•Administrator or his /her authorized representative shall represent the City in all matters
pertaining to the services to be rendered under this Agreement.
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16. INCREASE OR DECREASE IN SCOPE OF SERVICES
A. Contractor may be asked to perform additional janitorial and building •
maintenance services by the Administrator. The Administrator may give
verbal authorization for additional services up to $500. Administrator shall
provide Contractor with written authorization prior to the performance of
any additional services that exceed $500.
B. City reserves the right to withdraw certain Library locations from the work
to be performed by Contractor pursuant to this Agreement. City shall
notify Contractor in writing of its intent to do so at least thirty (30) days
prior to the effective date of withdrawal of any location. In the event a
location is withdrawn from the Scope of Services, compensation to
Contractor shall be reduced in accordance with the bid unit costs as
specified in Exhibit C. In the event the location is withdrawn for a period of
less than a full one (1) year term, Contractor's compensation shall be
reduced on a prorated basis.
17. WORK DEFICIENCIES AND CORRECTIONS
A. 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.
B. 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 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.
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 the Unit Prices outlined in •
Exhibit C.
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• 18. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting the value of the work done, or of any work omitted,
or of any extra work which Contractor may be required to do, or respecting any payment
to Contractor during the performance of the Agreement, such dispute shall be decided
by the City Manager and his decision shall be final and binding upon Contractor and his
sureties.
19. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for any expenses unless the City approves the
expense in advance in writing.
20. PERFORMANCE BOND
A. Concurrently with execution of this Agreement, Contractor shall deliver to
City a performance bond in the sum of the annual Contract Amount of this
Agreement, in the form provided by the City Clerk, which secures the
faithful performance of this Agreement, unless such requirement is waived
by the Library Services Director. The bond shall contain the original
notarized signature of an authorized officer of the surety and affixed
thereto shall be a certified and current copy of his power of attorney. The
bond shall be unconditional and remain in force during the entire term of
. the Agreement and shall be null and void only if the Contractor promptly
and faithfully performs all terms and conditions of this Agreement.
B. The performance bond required by this Agreement shall be satisfactory
only if issued by a company qualified to do business in California, rated
°A" or better in the most recent edition of Best Rating Guide, The Key
Rating Guide or in the Federal Register, and only if they are of a financial
category Class VII or better, unless such requirements are waived by the
Risk Manager of the City.
21. LABOR
A. Contractor shall conform with all applicable provisions of State and
Federal law including, applicable provisions of the Federal Fair Labor
Standards Act.
B. Contractor shall conform with all applicable provisions of the California
Labor code, including the Displaced Janitors Opportunity Act, Labor Code
sections 1060 -1065.
B. 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.
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C. Wages paid by Contractor for services provided hereunder shall be in
accordance with Section 1770 of the California State Labor Code. 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).
22. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate against any
subcontractor, Contractor, employee or applicant for employment because of race,
religion, color, sex, handicap, national origin, or other basis that is violative of the
federal or state constitution or federal or state law. Contractor's obligation not to
discriminate shall apply, but not be limited to, the following: employment, upgrading,
demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this Project. •
24. CONFLICTS OF INTEREST
A. 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 financial interest that may foreseeable be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeable financially affect such interest. The Contractor will provide a
completed disclosure form noting the above. Contractor will comply with
the Act and relevant City Resolutions.
B. 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
termination of this Agreement by the City. The Contractor shall indemnify
and hold harmless the City for any claims for damages resulting from the
Contractor's violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement must be
given in writing and will be deemed served when delivered personally or on the second •
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business day after the deposit thereof in the United States mail, postage prepaid,
registered or certified, addressed as hereinafter provided.
Attn: Melissa Kelly
Library Services Department
Central Library
City of Newport Beach
1000 Avocado Avenue
Newport Beach, CA 92660
All notices, demands, requests or approvals from City to Contractor shall be addressed
to Contractor at:
Attn: Mike Sullivan
Progreen Building Maintenance, Inc.
10834 E. Whittier Blvd.
Whittier, CA 90606
26. TERMINATIONIDEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor
violates any provisions of this Agreement, Contractor shall be deemed in.
default. If such default is not cured within a period of two (2) working
days, or if more than two (2) working days are reasonably required to cure
the default and Contractor fails to give adequate assurance of due
performance within two (2) working days after Contractor receives written
notice of default from City, City may terminate the Agreement forthwith by
giving written notice. City may; in addition to the other remedies provided
in this or authorized by law, terminate this agreement by giving written
notice of termination.
B. This agreement may be terminated without cause by the City upon thirty
(30) days written notice. Upon termination, City shall pay to Contractor
that portion of compensation specified in the Agreement that is earned
and unpaid prior to the effective date of termination. The Contractor may
only terminate the Agreement in the event of nonpayment by the City. In
the event of nonpayment by the City, Contractor shall give the City thirty
(30) days written notice thereof and the City shall have fifteen (15) working
days to cure the alleged breach.
C. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of
Contractor's compensation for contract services if, in the judgment of the
City Manager, the level of maintenance falls below appropriate janitorial or
building maintenance standards and /or Contractor fails to satisfactorily
perform contract services. City shall have the right to retain funds
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withheld until the City Manager determines that contract services are
performed as well and as frequently as required by this Agreement.
27. COST OF LITIGATION •
If any legal action is necessary to enforce any provision of this Agreement or for
damages by reason for an alleged breach of any provisions of this Agreement, the
parties agree that attorneys' fees shall not be recoverable by the prevailing party.
28. 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.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties and all preliminary negotiations and agreements of
whatsoever kind or nature are merged in this Agreement. No verbal agreement or
implied covenant shall be held to vary the provisions hereon.
30.
This Agreement 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.
31: SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
32. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
33. .
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 parry by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
Aaron C. Prairp
Assistant City Att6mey
ATTEST:
By:
Leilani Brown
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
13
Edward D. Selich, Mayor
City of Newport Beach
CONTRACTOR:PROGREEN
BUILDING MAINTENANCE, INC.
on
Name/Title:
am
Namemtle:
ATTACHMENTS: EXHIBIT A: RFP Instructions and Conditions
EXHIBIT B: Description of Project/ Scope of Work
EXHIBIT C: Bid Unit Prices
EXHIBIT D: Statement of Compliance
EXHIBIT E: Statement of Ability to Comply with Displaced Janitors
Opportunity Act
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CITY OF NEWPORT BEACH •
REQUEST FOR PROPOSAL
RFP NO. 5-1
JANITORIAL SERVICES FOR CITY LIBRARY
FACILITIES
0
ATTACHMENT A:
7TIONS AND CON,
Janitorial Services RFP Page 6 •
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• CITY OF NEWPORT BEACH
Request for Proposal
Public Library Janitorial Services
Attachment A: Instructions and Conditions
I. GENERAL CONDITIONS
A. PRE - CONTRACTUAL EXPENSES
Pre - contractual expenses are defined as expenses incurred by Contractor in:
1. Preparing a proposal in response to this RFP.
2. Submitting that proposal to the City of Newport Beach.
3. Negotiating with the City of Newport Beach any matter related to this RFP,
proposal, and/or contractual agreement.
4. Any other expenses incurred by the Contractor prior to the date of an executed
contract.
The City of Newport Beach shall not, in any event, be liable for any pre- contractual
• expenses incurred by any Contractor. In addition, no proposal shall include any such
expenses as part of the price proposed to perform the City Library Facilities Janitorial
Services as described in this RFP.
B. AUTHORITY TO WITHDRAW RFP AND /OR NOT AWARD
CONTRACT
The City of Newport Beach reserves the right to withdraw this RFP at any time without
prior notice. Further, the City makes no representations that any agreement will be
awarded to any Contractor responding to the RFP. The City expressly reserves the right
to postpone the opening of proposals for its own convenience and to reject any and all
proposals in response to this RFP without indicating any reasons for such rejection(s).
The City also reserves the right to negotiate with the successful bidder concerning
various alternatives.
C. PRICING APPROACH
The City of Newport Beach intends to award a contract based on a fixed annual contract
price for the two (2) -year term of this contract, renewable annually for three (3) one (I)-
year extensions based on performance at the City's sole discretion.
Upon the first anniversary of the Commencement Date of the Contract and upon each
anniversary of the Commencement Date thereafter, the Contract Amount shall be
• adjusted in proportion to the changes in the Consumer Price Index, subject to the 4.0%
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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 one (1) year prior.
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 March 2007. 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 (1482 84 = 100). 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 including in such new index. In no event, however, shall the amount
payable under this Agreement be reduced below the Contract Amount in effect
immediately preceding such adjustment. 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 4.0% of the Contract Amount in effect immediately preceding
such adjustment.
D. RIGHT TO REJECT PROPOSALS
The City of Newport Beach reserves the right to reject any or all proposals submitted.
Any award made for this engagement will be made to the Contractor, which, in the
opinion of the City, is best qualified to execute the contract. •
E. PROPOSAL EVALUATION CRITERIA
Proposals will be evaluated on the basis of the response to all provisions of this RFP.
The City of Newport Beach may use some or all of the following criteria in its evaluation
and comparison of proposals submitted. The criteria listed are not necessarily an all -
inclusive list. The order in which they appear is not intended to indicate their relative
importance:
1. The Contractor's demonstrated awareness of safety in all operations.
2. The Contractor's responsiveness to the requirements of the contract as set forth in
the RFP.
3. A demonstrated understanding of the Contractor's work plan and other proposal
documents.
4. A logical, proven methodology for carrying out the work tasks described in the
proposal and developing contract deliverables.
5. The Contractor's recent experience in conducting contracts of similar scope,
complexity, and magnitude, particularly for government agencies.
6. The quality and quantity of equipment to be assigned to the contract. •
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• 7. Recent references from local clients with particular emphasis on local government.
8. The proposed contract costs.
F. COMPLIANCE WITH APPLICABLE LAWS
The Contractor shall have in his/her possession and be familiar with all safety regulations
issued by the State Division of Industrial Safety and shall comply with these and all other
applicable laws, ordinances, and regulations governing Affirmative Action programs.
The Contractor shall provide all safeguards and protective devices and take any other
action necessary to protect the health and safety of their employees on the job, safety of
City employees and the public in connection with the performance of the work required
by this contract.
All Services rendered hereunder by Contractor shall be provided in accordance with all
ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State
or local government agency having jurisdiction in effect at the time service is rendered.
G. SUSPENSION AND /OR CANCELLATION OF CONTRACT
If the event the Contractor fails or refuses to timely perform in accordance with the
agreement or if Contractor violates any provisions of the agreement, the Contractor shall
be deemed in default. If such default is not cured within a period of five (5) working
days, or if more than five (5) working days are reasonably required to cure the default
• and Contractor fails to give adequate assurance of due performance within five (5)
working days after Contractor receives written notice of default from City, City may
terminate the agreement forthwith by giving written notice. City may, in addition to the
other remedies provided in the Agreement or authorized by law, terminate the Agreement
by giving written notice of termination.
In addition, the City reserves the right to terminate the agreement without cause upon
thirty (30) days written notice. Upon termination, City will pay to Contractor that portion
of compensation specified in the agreement that is earned and unpaid prior to the
effective date of termination. The Contractor may only terminate the agreement in the
event of nonpayment by the City.
H. FAMILIARITY WITH WORK
By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly
investigated and considered the scope of services to be performed, (b) has carefully
considered how the services should be performed, and (c) fully understands the facilities,
difficulties and restrictions attending performance of the services under this Agreement.
Contractor warrants that Contractor has investigated the site and is fully acquainted with
the conditions there existing, prior to commencement of services hereunder. Should the
Contractor discover any latent or unknown conditions, which will materially affect the
performance of the services hereunder, Contractor shall immediately inform the City of
such fact and shall not proceed except at Contractor's risk until written instructions are
• received from the City.
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City and Contractor agree that City has made no representation regarding the order or •
condition of any area or location for which Contractor is to provide services or that the
site or location of work will be free from defects, apparent or hidden, at the
commencement of, or at any time during the term of this Agreement.
I. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract without the written consent of the City.
I WORKMANSHIP AND SUPERVISION
The work force shall include a thoroughly skilled, experienced, and competent
supervisor who shall be responsible for adherence to the specifications. All
supervisory personnel must be able to communicate effectively in English (both
orally and in writing). Any order given to supervisory personnel shall be deemed
delivered to the Contractor. The supervisor assigned must be identified by name to
ensure coordination and continuity.
2. Work shall be performed by competent and experienced workers.
3. All personnel working at the outlined areas shall be neat in appearance and in
uniforms as approved by the Director. All personnel shall wear identification
badges or patches, and employees working adjacent to traffic lanes must wear
safety vests.
4. Persons employed by the Contractor who are found not to be satisfactory by the •
City shall be discharged or reassigned by the Contractor on fifteen (15) days notice
from the City.
K. EQUIPMENT
All vehicles and equipment used in conjunction with the work shall be maintained in a
neat, clean, and orderly manner and shall be in good working order. The Library Services
Director, or his/her authorized agent, may reject any vehicle or piece of equipment and
order it removed from the service area(s).
L. SAFETY REOUIREMENT
All work performed under this contract shall be performed in such a manner as to
provide maximum safety to the public and where applicable, comply with all safety
standards required by CAL -OSHA. The Director reserves the right to issue restraint
or cease and desist orders to the Contractor when unsafe or harmful acts are
observed or reported relative to the performance of the work under this contract.
2. The Contractor shall maintain all service areas free of hazards to persons and/or
property resulting from his/her operations. Any hazardous condition noted by the
Contractor, which is not a result of his/her operations, shall be immediately reported
to the Director.
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• M CLAIMS BY CONTRACTOR'S EMPLOYEES
1. The Contractor shall hold harmless the City and all of its agents, employees, and
officers from any and all damages or claims, of any kind or nature that may be
made or may arise directly or indirectly for the performance of duties by the
Contractor.
2. Contractor shall not permit access into any City of Newport Beach or other. private
structures by any unauthorized persons.
N. LIABILITY FOR DAMAGES
1. The Contractor shall be fully responsible for any and all damage done to City
property, equipment, or other property of the public premises that result from the
Contractor's operations under this contract.
2. The Contractor may insure the equipment, materials, and work to cover
Contractor's interest in the same. The City will not, under any circumstances, be
answerable or accountable for any loss or damage that may happen to said
equipment, materials and work, or any part or parts thereof, used and employed in
fully completing the contract.
3. Contractor shall indemnify and hold harmless the City, its City Council, boards,
commissions, officers, agents, servants and employees from and against any and all
• claims and losses whatsoever, including reasonable attorney's fees, accruing or
resulting to any and all persons, fines or corporations furnishing or supplying work,
services, materials, equipment or supplies in connection with the services, work or
activities conducted or performed by Contractor pursuant to the Agreement.
O. ADVERTISING
No advertising of any kind or description, bill posters, printed, painted, or by the use of
any other method application legible to human sight, shall appear on any equipment,
buildings, structures, fences, canopies, posts, or signs except valid and authorized legal
notices required to be placed thereon and except as may he specifically authorized in
these general conditions.
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II. PROPOSAL FORMAT/REQUIREMENTS •
Proposals should be typed as briefly as possible and not include any elaborate or unnecessary
promotional material. The following order and content of proposal sections should be
adhered to be each offeror:
A. COVER LETTER
A cover letter not to exceed three (3) pages in length should summarize key elements of the
proposal. The letter must be signed by an individual authorized to bind the offeror.
B. BACKGROUND AND APPROACHMORKPLAN
Offeror shall include in this section their firm's approach to providing the proposed
janitorial services as presented in the Scope of Work detailed in this RFP. Offeror is to
review City library locations, janitorial tasks, frequency of tasks, and describe in detail how
their firm will meet the requirements of this RFP. The proposal should be presented in a
format that corresponds to and references the sections outlined in the Scope of Work, and
should be presented in the same order. Responses to each section and subsection should be
labeled to indicate which item is being addressed.
C. CONTRACT ORGANIZATION AND STAFFING
Describe your approach and methods for managing the contract. Provide an organization •
chart showing all proposed contract team members. Describe the responsibilities of each
person on the contract team. Identify the Contract Director and/or Manager and the person
who will be the key contact with the City of Newport Beach. Also include any additional
information or staff support required from City personnel during the course of the RFP
preparation.
D. RELATED EXPERIENCE
Indicate any recent, directly- related public agency experience or service history. Include
on each listing the name of the agency; description of the work done; primary agency
contact, address and telephone number; dates for the contract; name of the Contract
Director and/or Manager and members of the proposed contract team who worked on the
contract, as well as their respective responsibilities. At least three (3) references should be
included. For each reference, indicate the reference's name, organization affiliation, title,
complete mailing address, and telephone number. The City of Newport Beach reserves the
right to contact any of the organizations or individuals listed.
E. PROPOSAL /COST DATA
Indicate the total monthly cost of janitorial services at each library branch location as
indicated on Attachment C for which you will conduct the contract based upon the
information provided.
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• F. STATEMENT OF COMPLIANCE
Contractors must submit a Statement of Compliance (Attachment D) with all parts of the
Request for Proposal and Draft Agreement (Attachment F) terms and conditions, or a
listing of exceptions and suggested changes, along with a description of any cost
implications or schedule changes the exceptions and/or changes cause. The Statement of
Compliance must declare either:
This proposal is in strict compliance with the Request for Proposal and Draft
Agreement and no exceptions to either are proposed; or
2. This proposal is in strict compliance with the Request for Proposal and Draft
Agreement except for the items listed.
For each exception and/or suggested change, the Contractor must include:
a. The suggested change in the RFP or rewording of the contractual obligations.
b. Reasons for submitting the proposed exception or change.
c. Any impact the change or exception may have on contract costs, scheduling, or
other considerations.
• Please be advised that the City's indemnity and insurance obligations are non - negotiable.
G.. OTHER INFORMATION
Include any other information you consider to be relevant to the proposal. Additional
optional services may be provided at the discretion of the Contractor.
H. EMPLOYMENT PROVISION
Contractor agrees that in carrying out its responsibilities under this agreement, and in
particular with regard to the employment of persons and sub- contractors working on the
contract, it will not discriminate on the basis of race, color, creed, national origin, religion,
sex, age, or handicap. In the event any of the work performed by Contractor here under is
subcontracted to another person or firm (with approval of the City as required herein), sub-
contract shall contain a similar provision.
I. INSURANCE PROVISION
On or before the commencement of the term of the Agreement, Contractor shall furnish the
City with certification showing the type, amount, class of operations covered, effective
dates and dates of expiration of insurance coverage in compliance with paragraphs I and 2
below. Such certificates, which do not limit the Contractor's indemnification, shall also
contain substantially the following:
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"Should any of the above insurance covered by this certificate be canceled 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."
1. Coverage
a. Commercial General Liability: $1,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage. Coverage shall include
third party liability risks, including without limitation, contractual liability. The
aggregate limit shall not be less than $4,000,000.
b. Worker's Compensation: Statutory coverage as required by the State of
California. However, in no event shall the Employer's Liability Insurance be
less than $1,000,000 per occurrence.
c. Commercial Auto Liability and Property Insurance: $2,000,000 combined
single limit per accident for bodily injury and property damage.
2. Please refer to Section 8 (Insurance) of Draft Agreement (Attachment F) for further
insurance requirements.
J. GUARANTEES
A Faithful Performance Warranty Bond in the amount of fifty percent (50%) of the annual
contract price shall be required for the entire duration of the contract period.
Unless otherwise specified, the Contractor shall guarantee that the work performed under •
the Contract will be performed to the HIGHEST INDUSTRY STANDARDS specified in
the RFP and remain as such for the term of the contract. Whenever, in these specifications,
written guarantees are requested, or specified, the Contractor shall guarantee the products
or installations therein described for the time specified and no further guarantee shall be
required.
If defective material or workmanship is discovered by the City in the work proposed within
the contract, and this defective material or workmanship requires repairs to be made under
this guarantee, all such repair work shall be done by and at the expense of the Contractor.
Should the Contractor fail to repair such damage within five (5) working days thereafter,
the City may be the necessary repairs and charge the Contractor with the immediate
attention, the City shall have the right to repair the defect or damage and charge the
Contractor with the actual cost of all labor and material required.
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CITY OF NEWPORT BEACH
REQUEST FOR PROPOSAL
RFP NO. 5-1
JANITORIAL SERVICES FOR CITY LIBRARY
FACILITIES
ATTACHMENT B:
DESCRIPTION OF PROJECT INTENT
(SCOPE OF WORK)
• Janitorial Services RFP Page 15
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CITY OF NEWPORT BEACH •
Request for Proposal
Public Library Janitorial Services
Attachment B: Description of Project Intent (Scope of Work)
L INTENT
The intent of these specifications is to provide a description of the required janitorial
services at four (4) City of Newport Beach Library Services branch locations.
II. WORKING HOURS
Normal working hours shall vary depending on the library branch. The working hours for
each branch shall be listed below:
Central Library Branch: Monday - Thursday: after 9:00 P.M.
(7 Days) Friday - Saturday: after 6:00 P.M.
Sunday: after 5:00 P.M.
Balboa Branch: Monday & Wednesday: after 9:00 P.M.
(6 Days) Tuesday & Thursday- Saturday: after 6:00 P.M. •
Mariners Branch: Monday - Thursday: after 9:00 P.M.
(7 Days) Friday - Saturday: after 6:00 P.M.
Sunday: after 5:00 P.M.
Corona del Mar Branch: Tuesday - Saturday: after 9:00 P.M.
(5 Days)
M. SUPERVISION OF CONTRACT
Any specific problem area which does not meet the conditions of the specifications set
forth herein.shall be called to the attention of the Contractor and if not corrected, payment
to the Contractor will not be made until condition is corrected in a satisfactory manner as
set forth in the specifications.
IV. SPECIFICATIONS
This Scope of Work is intended to cover all labor, material and standards of workmanship
to be employed in the work called for in this RFP or reasonably implied by terms of same.
Work or materials of a minor nature which may not be specifically mentioned, but which
may be reasonably assumed as necessary for the completion of this work, shall be
performed by the Contractor as if described in the specifications.
Janitorial Services RFP Page 16 •
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•
V. DESCRIPTION OF PROJECT (SCOPE OF WORD
Please see the attached following pages for a detailed description of the services required
for each library branch location. Indicate the cost information in the spaces provided for
each branch location.
•
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SECTION II: ACTIVITIES / REQUIREMENTS / COSTS •
JANITORIAL SPECIFICATIONS
CENTRAL LIBRARY SERVICE SCHEDULE —
1000 Avocado Avenue, Newport Beach, CA 92660
Monday — Thursday, after 9:00 p.m. Friday — Saturday, after 6:00 p.m. Sunday, after 5:00 p.m.
(7 Days J
Area: First Floor 22,058 Sq, Ft. Carpet 3,000 Sq. Ft. Tile (estimate)
Second Floor 21,473 Sq. Ft. Carpet
Daily Activities
Bathrooms and Kitchens:
• Clean bathrooms and kitchens, including sinks, counters, toilets- urinals.
• Polish all bright work.
• Dust partitions, tops of mirrors and frames.
• Wet mop floors and rinse with disinfectant.
• Restock supplies, taking care to place paper goods properly in dispensers, and keeping soap dispensers
unclogged.
• Wipe towel and toilet paper dispensers.
• Remove splash marks from walls around basins.
• Clean and polish mirrors.
• Load dishwasher and start operation.
• Clear tabletops and deposit trash in container.
• Remove trash and relocate to collection point.
Carpets and Floors: •
• Vacuum all carpeted areas thoroughly, using the proper setting for this carpet throughout the library.
• Sweep and dry/wet mop all floors, including the stairs.
Dusting:
• Thoroughly dust desks, counters, tables, machines, pictures, sign frames, and windowsills, including the
reference desk and telephone reference desk/eounter areas.
Trash and Trash Can Areas:
• Remove all trash from receptacles both inside and outside the library, and move to collection point in the
building.
• Replace liners in all trash receptacles.
• Sift cigarette butts from trash urns.
• Sweep areas around outside trash receptacles, including any gravel on walkway by front door (sweep back
onto gravel pathways).
Furniture and other areas:
• Wipe tables, desks, countertops and vertical partitions, and clean thoroughly enough to remove any spills,
coffee (or liquid) rings, pencil and ink marks, etc.
• Dispose of all paper and food scraps in the public areas, including (but not limited to) candy wrappers,
crumpled tissues, water bottles, ere.
• Return chairs, ottomans, and tables to their places.
• Clean, disinfect, and dry polish drinking fountains.
• Clean and disinfect telephones.
• Clean entryway doors and windows.
Janitorial Services RFP Page 18 •
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• Computer Room:
• Sweep or dry mop floor nightly.
Weekly Activities
Carpets and Floors:
• Vacuum all comers, edges, and beneath furniture using special attachments for vacuum to get into the
comers.
• Buff hard surface floors in order to present the best possible appearance at all times.
Dusting:
• Thoroughly dust all vertical surfaces of desks, files, cabinets, chairs, tables, book stacks and workspace
partitions.
Furniture and Other Areas:
• Thoroughly vacuum upholstered furniture.
• Clean glass on interior doors and windows of the computer room and interior offices.
• Remove fingerprints and marks from around light switches and door fames.
• Computer Room:
• Wet mop floors and rinse with disinfectant weekly.
Monthly Activities
isBathrooms and Kitchens:
• Clean refrigerator completely, including the disposal of all contents monthly on pre - arranged date.
Carpets and Floors:
• Wax and coat floors monthly.
Dusting:
• Dust top shelf (usually empty) on book stacks.
• Dust bottom shelf (usually empty) on book stacks.
• Dust top of the partition surrounding Telephone Reference.
• Dust surfaces, inside and out, of current/recent magazine shelves.
• Dust high ledge on outside wall of back stairwell.
Furniture and Other Areas:
• Clean and disinfect stair railings (all around the handrail) monthly, including stairs in main lobby and leading
up from children's area.
• Clean the desk tops in the staff work areas monthly on a pre- arranged schedule.
Ouarterly Activities
Carpets and Floors:
• Shampoo carpets in Main areas on pre - arranged date:
o Main entry way
o Popular Library
• o Main entry—TA floor
janitorial Services RFP Page 19
Semi - Annual Activities
Bathrooms and Kitchens:
• Clean freezer completely, including the disposal of all contents twice yearly on pre - arranged date.
• Carpets and Floors:
• Strip and wax or coat floors twice yearly.
• Clean metal edging on stair treads twice yearly.
• Shampoo carpets on pre - arranged date:
o Children's Room including Story Room
o Aisles not between hook stacks
o Staff Lounge
• Conference Room
• Friends Meeting Room
• Open Study Areas
• Quiet Reading Room
• Telephone Reference Room
Furniture and Other Areas:
• Clean and polish all wood trim areas on edges of furniture, display /storage cases, and public tables and desks
twice yearly.
• Computer Room:
• Strip and wax floors twice yearly on a pre- arranged schedule.
Annual Activities
Carpets and Floors:
• Shampoo carpets on pre - arranged date:
o Administrative and staff work areas
• Study rooms
• Aisles between stacks
Furniture and Other Areas:
• Shampoo upholstered furn iture annually.
Activities to be Done as Needed
Bathrooms:
• Unclog problem toilets as needed.
Carpets and Floors:
• Spot clean carpet when and where appropriate.
Other Requirements
0
•
• Provide day porter service Monday through Thursday at 4:00p m. to clean surfaces in restrooms;
replenish supplies, and remove trash.
• Provide monthly site inspection by supervisor.
• Provide emergency cleaning during the day, 7 days a week, with person able to respond to call within 2
hours, for plunging and cleaning up toilets or cleaning up after sick customers (City would pay ears per call).
• Provide a night manager or contact available on cal I in case of problems with closing, locking, and setting
building alarm, •
Janitorial Services RFP Page 20
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• • include at least one English - speaking employee in the crew.
• Prohibit anyone except janitorial service employees to accompany the crew in the building during closed
hours.
• Bring defective or inoperative building equipment to the attention of the Library staff the next day.
• Keep janitor closets, equipment and materials neat, clean and in an orderly condition at all times.
• Provide all cleaning supplies, trash bags, urinal screens and liquid hand soap (Superior Hand Soap by Waxie
or approved substitute brand). City provides paper supplies (towels, toilet paper and seat covers).
• Contractor shall post copies of MSDS (Material Data Sheets) for all chemicals used in each custodial closet
in compliance with OSHA Hazard Communication Standard 29 CFR 190 - 12000. This shall include labeling
the contents of all secondary type plastic bottles or containers.
*Transfer the following information over to Attachment C*
Monthly Labor Hours Central Library
Total Monthly Cost for Central Library $
Cost/Hour — Emergency Cleaning Service
[2 -Hour Response]
•
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BALBOA BRANCH LIBRARY SERVICE SCHEDULE -
100 East Balboa Blvd., Newport Beady CA 92660 •
Monday & Wednesday, after 9:00 p.m. Tuesday, Thursday— Saturday, after 6:00 p.m.
[6 Days]
Area: 6,000 Sq. Ft. Mostly Carpet Except Resttooms
Daily Activities
Bathrooms and Kitchens:
• Clean bathrooms and kitchens, including sinks, counters, toilets and urinals.
• Polish all bright work.
• Wipe down wall to remove marks..
• Wet mop floors and rinse with disinfectant.
• Restock supplies, taking care to place paper goods properly in dispensers, and keeping soap dispensers
unclogged.
• Wipe towel and toilet paper dispensers.
• Remove splash marks from walls around basins.
• Clean and polish mirrors and dust tops of frames
• Remove trash.
• Unclog problem toilets as needed.
Carpets and Floors:
• Thoroughly vacuum all carpets, using the proper setting for this carpet throughout the library.
• Sweep and dry/wet mop all floors.
Dusting: •
• Thoroughly dust desks, counters, tables, machines, pictures, sign frames, and windowsills.
Trash and Trash Can Areas:
• Remove all trash from receptacles both inside and outside the library, and move to collection point in the
building.
• Replace liners in all trash receptacles.
• Sift cigarette butts from trash urns.
• Sweep areas around outside trash receptacles.
Furniture and other areas:
• Wipe tables and countertops and remove any spills, coffee rings, pencil and ink marks, etc.
• Return chairs and tables to their proper places.
• Clean, disinfect, and dry polish drinking fountains.
• Clean and disinfect telephones.
Weekly Activities
Carpets and Floors:
• Vacuum all corners, edges, and beneath furniture using special attachments for vacuum to get into the
comers.
• Buff hard surface floors in order to present the best possible appearance at all times.
Dusting:
• Thoroughly dust all vertical surfaces of desks, files, cabinets, chairs, tables, book stacks and blinds.
Janitorial Services RFP Page 22 •
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Furniture and Other Areas:
• Vacuum upholstered furniture thoroughly.
• Clean interior glass doors and window in the computer room and interior offices.
• Remove fingerprints and marks from around light switches and door frames.
Monthly Activities
Dusting:
• Dust high shelves on book stacks.
Bi- Monthly Activities
Carpets and Floors:
• Wax and coat floors hi- monthly.
Semi- Annual Activities
Carpets and Floors:
• Strip and wax or coat floors twice per year.
Annual Activities
Carpets and Floors:
• Shampoo carpets in all areas of the building annually.
Furniture and Other Areas:
• Shampoo upholstered furniture annually.
Activities to be Done as Needed
Bathrooms:
• Unclog problem toilets as needed.
Carpets and Floors:
• Spot clean carpet when and where appropriate.
Other Requirements
• Provide monthly site inspection by supervisor.
• Provide emergency cleaning during the day, 6 days a week, with person able to respond to call within 2
hours, for plunging and cleaning up toilets-or cleaning up after sick customers (City would pay extra per call).
•
Janitorial Services RFP Page 23
•
F
• Provide a night manager or contact available on call in case of problems with closing, locking, and setting •
building alarm.
• Include at least one English- speaking employee in the crew.
• Prohibit anyone except janitorial service employees to accompany the crew in the building during closed
hours.
• Bring defective or inoperative building equipment to the attention of the Library staff the next day.
• Keep janitor closets, equipment and materials neat, clean and in an orderly condition at all times.
• Provide all cleaning supplies, trash bags, urinal screens and liquid hand soap (Superior Hand Soap by Waxie
or approved substitute brand). City provides paper supplies (towels, toilet paper and seat covers).
• Contractor shall post copies of MSDS (Material Data Sheets) for all chemicals used in each custodial closet
in compliance with OSHA Hazard Communication Standard 29 CFR 190 - 12000. This shall include labeling
the contents of all secondary type plastic bottles or containers.
*Transfer the following information over to Attachment C*
Monthly Labor Hours Balboa Library
Total Monthly Cost for Balboa Library
Cost/Hour — Emergency Cleaning Service $
[2 -Hour Response]
I`J
Janitorial Services RFP Page 24 •
• •
• MARINERS BRANCH LIBRARY SERVICE SCHEDULE —
1300 Irvine Avenue, Newport Beach, CA 92660
Monday — Thursday, after 9:00 p.m. Friday — Saturday, after 6:00 p.m. Sunday, after 5:00 p.m.
U Days]
Area: 15,000 Sq. Ft. Mostly Carpet — Tile Floor in Entry Way, Workroom,
Restrooms and Kitchen
Daily Activities
Bathrooms and Kitchens:
• Clean bathrooms and kitchens, including sinks, counters, toilets and urinals.
• Wipe down wall to remove marks.
• Wet mop floors and rinse with disinfectant.
• Restock supplies, taking care to place paper goods properly in dispensers, and keeping soap dispensers
unclogged.
• Wipe towel and toilet paper dispensers.
• Remove splash marks from wells around basins.
• Clean and polish mirrors and dust tops of frames.
• Removetrash.
• Unclog problem toilets as needed.
Carpets and Floors:
• Thoroughly vacuum all carpets, using the proper setting for this carpet throughout the library,
• Sweep and dry/wet mop all floors.
• Dusting:
• Thoroughly dust desks, counters, tables, machines, pictures, sign frames, and windowsills.
Trash and Trash Can Areas:
• Remove all trash from receptacles both inside and outside the library, and move to collection point in the
building.
• Replace liners in all trash receptacles.
• Sift cigarette butts from trash urns.
• Sweep areas around outside trash receptacles.
Furniture and other areas:
• Wipe tables, desks, countertops and remove any spills, coffee rings, pencil and ink marks, etc.
• Return chairs, ottomans, and tables to their places.
• Clean, disinfect, and dry polish drinking fountains.
• Clean and disinfect telephones.
Weekly Activities
Carpets and Floors:
• Vacuum all comers, edges, and beneath furniture using special attachments for vacuum to get into the
corners.
• Buff hard surface floors in order to present the best possible appearance at all times.
• Dusting:
Janitorial Services RFP Page 2S
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• Thoroughly dust all vertical surfaces of desks, files, cabinets, chairs, tables, book stacks and blinds. •
Furniture and Other Areas:
• Vacuum upholstered furniture thoroughly.
• Clean interior glass doors and windows in the computer room and interior offices.
• Remove fingerprints and marks from around light switches and door frames.
Monthly Activities
Dusting:
• Dust high shelves on book stacks.
Bi- Monthly Activities
Carpets and Floors:
• Wax or coat floors bi- monthly.
Semi - Annual Activities
Carpets and Floors:
• Strip and wax or coat floors twice per year.
Annual Activities •
Carpets and Floors:
Shampoo carpets in all areas of the building annually.
Furniture and Other Areas:
• Shampoo upholstered furniture annually.
Activities to be Done as Needed
Bathrooms:
• Unclog problem toilets as needed.
Carpets and Floors:
• Spot clean carpet when and where appropriate.
Other Requirements
• Provide monthly site inspection by supervisor.
• Provide emergency cleaning during the day, 7 days a week, with person able to respond to call within 2
hours, for plunging and cleaning up toilets or cleaning up after sick customers (City would pay extra per call
• Provide a night manager or contact available on cal I in case of problems with closing, locking, and setting
building alarm. •
Janitorial Services RFP Page 26
•
• • Include at least one English- speaking employee in the crew.
• Prohibit anyone except janitorial service employees to accompany the crew in the building during closed
hours.
• Bring defective or inoperative building equipment to the attention of the Library staff the next day.
• Keep janitor closets, equipment and materials neat, clean and in an orderly condition at all times.
• Provide all cleaning supplies, trash bags, urinal screens and liquid hand soap (Superior Hand Soap by Waxie
or approved substitute brand). City provides paper supplies (towels, toilet paper and seat covers).
• Contractor shall post copies of MSDS (Material Data Sheets) for all chemicals used in each custodial closet
in compliance with OSHA Hazard Communication Standard 29 CFR 190 - 12000. This shall include labeling
the contents of all secondary type plastic bottles or containers.
*Transfer the following information over to Attachment C*
Monthly Labor Hours Mariners Library
Total Monthly Cost for Mariners Library
Cost/Hour — Emergency Cleaning Service
[2 -Hour Response]
•
Janitorial Services RFP Page 27
•
CORONA DEL MAR BRANCH LIBRARY SERVICE SCHEDULE — •
420 Marigold Ave., Corona del Mar, CA 92660
Tuesday — Saturday, after 9:00 p.m. [5 Days]
Area: 3,800 Sq. Ft. Mostly Carpet Except Restrooms
Daily Activities
Bathrooms and I{'itchens:
• Clean bathrooms and kitchens, including sinks, counters, toilets and urinals.
• Polish all bright work.
• Wipe down wall to remove marks.
• Wet mop floors and rinse with disinfectant.
• Restock supplies, taking care to place papa goods properly in dispensers, and keeping soap dispensers
unclogged.
• Wipe towel and toilet paper dispensers.
• Remove splash marks from walls around basins.
• Clean and polish mirrors and dust tops of frames
• Remove trash.
• Unclog problem toilets as needed.
Carpets and Floors:
• Thoroughly vacuum all carpets, using the proper setting for this carpet throughout the library.
• Sweep and dry/wet mop all floors.
Dusting:
• Thoroughly dust desks, counters, tables, machines, pictures, sign fumes, and windowsills. •
Trash and Trash Can Areas:
• Remove all trash from receptacles both inside and outside the library, and move to collection point in the
building.
• Replace liners in all trash receptacles.
• Sift cigarette butts from trash urns.
• Sweep areas around outside trash receptacles.
Furniture and other areas:
• Wipe tables and countertops and remove any spills, coffee rings, pencil and ink marks, etc.
• Return chairs and tables to their proper places.
• Clean, disinfect, and dry polish drinking fountains.
• Clean and disinfect telephones.
Weekly Activities
Carpets and Floors:
• Vacuum all corners, edges, and beneath furniture using special attachments for vacuum to get into the
corners.
• Buff hard surface floors in order to present the best possible appegmnce at all times.
Dusting:
• Thoroughly dust all vertical surfaces of desks, files, cabinets, chaos, tables, book stacks and blinds.
Janitorial Services RFP Page 28 •
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• Furniture and Other Areas:
• Vacuum upholstered furniture thoroughly.
• Clean interior glass doors and window in the computer room and interior offices.
• Remove fingerprints and marks from around light switches and door Games.
Bi- Monthly Activities
Carpets and Floors:
• Wax and coat floors bi- monthly.
Semi - Annual Activities
Carpets and Floors:
• Strip and wax or coat floors twice per year.
Annual Activities
Carpets and Floors:
• Shampoo carpets in all areas of the building annually.
Furniture and Other Areas:
• • Shampoo upholstered furniture annually.
Activities to be Done as Needed
Bathrooms:
• Unclog problem toilets as needed.
Carpets and Floors:
• Spot clean carpet when and where appropriate.
Other Requirements
• Provide monthly site inspection by supervisor.
• Provide emergency cleaning during the day, 5 days a week, with person able to respond to call within 2
hours, for plunging and cleaning up toilets or cleaning up after sick customers (City would pay extra per call).
• Provide a night manager or contact available on call in case of problems with closing, locking, and setting
building alarm.
• Include at least one English- speaking employee in the crew.
• Prohibit anyone except janitorial service employees to accompany the crew in the building during closed
hours.
• Bring defective or inoperative building equipment to the attention of the Library staff the next day.
• Keep janitor closets, equipment and materials neat, clean and in an orderly condition at all times
• Provide all cleaning supplies, trash bags, urinal screens and liquid hand soap (Superior Hand Soap by Waxie
• or approved substitute brand). City provides paper supplies (towels, toilet paper and seat covers).
Janitorial Services RFP Page 29
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• Contractor shall post copies ofMSDS (Material Data Sheets) for all chemicals used in each custodial closet
in compliance with OSHA Hazard Communication Standard 29 CFR 190 - 12000. This shall include labeling •
the contents of all secondary type plastic bottles or containers.
*Transfer the following Information over.to Attachment C*
Monthly Labor Hours Corona del Mar Library
Total Monthly Cost for Corona del Mar Library $
Cost/Hour— Emergency Cleaning Service $
[2 -Hour Response]
•
Janitorial Services RFP page 30 •
•
! s
CITY OF NEWPORT BEACH
REQUEST FOR PROPOSAL
RFP NO. 5 -1
JANITORIAL SERVICES FOR CITY LIBRARY
FACILITIES
ATTACHMENT C.•
PROPOSAL FORM
Janitorial Services RFP Page 31