HomeMy WebLinkAboutC-4863 - Services Agreement for Public Restroom Janitorial Services at City Parks and Beaches(4553
SERVICE AGREEMENT FOR
PUBLIC RESTROOM JANITORIAL SERVICES AT CITY PARKS AND BEACHES
WITH ABM SERVICES, INC
THIS SERVICE AGREEMENT FOR CITYWIDE PUBLIC RESTROOM
CLEANING SERVICES ( "Agreement') is made and entered into as of this 12th day of
July, 2011 ( "Commencement Date "), by and between the CITY OF NEWPORT BEACH,
a California municipal corporation and charter city ( "City "), and ABM Services, Inc., a
Delaware corporation doing business as (DBA) ABM Janitorial Services ( "Contractor "),
whose principal place of business is 165 Technology Drive., Suite 100, Irvine, CA and is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City requires regularly scheduled janitorial services at twenty -six (26) city -owned
public restroom facilities and desires to engage Contractor to provide such
services as further described herein ( "Project').
C. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by the City for the Project, and is
familiar with all conditions relevant to the performance of services and has
committed to perform all work required for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
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The term of this Agreement shall commence on August 1, 2011, and shall terminate on
June 30, 2016, unless terminated earlier as set forth herein.
2. SCOPE OF WORK
2.1 Contractor shall perform all the work described in the Scope of Work
attached hereto as Exhibit A and incorporated herein by this reference ( "Services" or
"Work ") at the locations described in the Locations Map and table attached hereto as
Exhibit B and incorporated herein by this reference ( "Project Locations "). As a material
inducement to the City entering into this Agreement, Contractor represents and
warrants that Contractor is a provider of first class work and Contractor is experienced
in performing the Work contemplated herein and, in light of such status and experience,
Contractor covenants that it shall follow the highest professional standards in
performing the Work required hereunder and that all materials will be of good quality.
For purposes of this Agreement, the phrase "highest professional standards" shall mean
those standards of practice recognized as the prevailing industry standard by one or
more firms performing similar work under similar circumstances.
2.2 Contractor shall perform everything required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project, unless otherwise
described in the Scope of Work.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. The failure by Contractor to strictly adhere to the schedule may
result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice to the other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than 3 calendar days after the start of the
condition that purportedly causes a delay. The Project Administrator shall review all
such requests and may grant reasonable time extensions for unforeseeable delays that
are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances.
4. COMPENSATION
4.1 City shall pay Contractor for the Services on a time and expense not -to
exceed basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit C and incorporated herein by reference. No
rate changes shall be made during the term of this Agreement without the prior written
approval of the City, except for the annual adjustment to the rates in proportion to
changes in the Consumer Price Index ( "CPI ") as more particularly described in Section
4.2 below. Contractor's total annual compensation for Services performed in
accordance with this Agreement, including all reimbursable items, shall not exceed One
hundred eighty -one thousand, two hundred fifty -six Dollars and 00/100
($181,256.00) per Agreement year ( "Annual Compensation "), without written
amendment to the Agreement, subject to the allowable CPI adjustment.
4.2 Consumer Price Index. Upon the first anniversary of the Commencement
Date and upon each anniversary of the Commencement Date thereafter, the rates to be
paid by the City as set forth in Exhibit B shall be adjusted in proportion to changes in the
Consumer Price Index, subject to the three percent (3.0 %) maximum adjustment
increase set forth below. Such adjustment shall be made by multiplying the original rate
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 July 1, 2011, the index to be used for the numerator is
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the index for the month of April 2011 and the index to be used for the denominator is
April 2010. 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
included in such new index. In no event, however, shall the amount payable under this
agreement be reduced below the rate in effect immediately preceding such adjustment.
The maximum increase to the rate, for any year where an adjustment is made in
proportion to changes in the Consumer Price Index, shall not exceed 3.0% of the Rate
in effect immediately preceding such adjustment.
4.3 Invoices. Contractor shall submit monthly invoices for the Work performed
the preceding month to the City's Project Administrator (as defined in Section 5 below).
City shall pay Contractor no later than thirty (30) days after approval of the monthly
invoice by City staff.
5. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department. The
Operations Support Superintendent, or his /her designee, shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator or his /her authorized representative shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
6. PROJECT MANAGER
6.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Marcos Loya to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel or assign any new or replacement personnel to the Project without the prior
written notice to City.
6.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6.3 Contractor warrants that all persons employed have satisfactory past
records indicating their ability to accept the kind of responsibility anticipated for this
Work. Upon receipt of the notice of award from the City, the Contractor shall supply a
list of the personnel who will perform the work, within fifteen (15) days.
6.4 Contractor shall provide the contact information of the supervisor on -duty
while contract services are being performed.
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7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
7.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be utilized unless approved in advance, in writing, by the Project
Administrator.
7.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest professional standards. All Services shall be
performed by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
7.3 Contractor shall provide an employee manual or its equivalent to the
Project Administrator for review. Contractor shall wear uniforms and operate vehicles
that are clean in appearance and prominently display the Contractor's name and
contact information.
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8.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
8.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects;
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by the Contractor.
8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, 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,
reasonable 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 breach of the terms and conditions of
this Agreement, any Work performed or Services provided under this Agreement
including, without limitation, defects in workmanship 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, subconsultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of them).
8.3.1 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.
8.4 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work.
8.5 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
8.6 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
9. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor its
employees are to be considered employees of the City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
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.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Contractor on the Project.
11. INSURANCE
11.1 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, policies of insurance of the type and
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amounts described below and in a form satisfactory to City. The cost of such insurance
shall be included in Contractor's bid.
11.2 Coverage and Limit Requirements.
11.2.1 . Workers' Compensation. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and employer's liability insurance
with limits of at least one million dollars ($1,000,000) of each type for Contractor's
employees in accordance with the laws of the State of California, Section 3700 of the
Labor Code. In addition, Contractor shall require each subcontractor to similarly
maintain Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California, Section 3700 for all of the
subcontractor's employees. The insurer issuing the Workers' Compensation insurance
shall amend its policy by endorsement to waive all rights of subrogation against the City,
its elected or appointed officers, agents, officials, employees and volunteers.
Contractor shall submit to City, along with the required certificate of insurance, a copy of
such waiver of subrogation endorsement.
11.2.2 General Liabilitv. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000)
per occurrence, two million dollars ($2,000,000) General Aggregate, and two million
dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury,
personal injury, and property damage, including without limitation, blanket contractual
liability. Coverage shall be at least as broad as that provided by Insurance Services
Office form CG 00 01. None of the policies required herein shall be in compliance with
these requirements if they include any limiting endorsement that has not been first
submitted to City and approved in writing.
11.2.3 Automobile Liabilitv. 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 less than one million dollars ($1,000,000) combined single limit for each accident.
11.3 Other Insurance Provisions or Requirements.
11.3.1 Evidence of Insurance. Contractor shall provide certificates
of insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for Workers' compensation and an additional
insured endorsement for general liability. Insurance certificates and endorsements
must be approved by City's Risk Manager prior to commencement of performance or
issuance of any permit. Current evidence of insurance shall be kept on file with City at
all times during the term of this Agreement. All of the executed documents referenced
in this Agreement must be returned within ten (10) working days after the date on the
"Notification of Award," so that the City may review and approve all insurance and bond
documentation. City reserves the right to require complete, certified copies of all
required insurance policies, at anytime.
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11.3.2 General liability insurance provisions. Primary and excess
or umbrella liability policies are to contain, or be endorsed to contain, the following
provisions:
11.3.2.1 City, its elected or appointed officers, agents,
officials, employees, and volunteers are to be covered as additional insureds as
respects: liability arising out of activities performed by or on behalf of Contractor,
including the insured's general supervision of Contractor; products and completed
operations of Contractor; premises owned, occupied or used by Contractor. The
coverage shall contain no special limitations on the scope of protection afforded to City,
its elected or appointed officers, officials, employees, agents or volunteers. Contractor
shall submit to City a copy of the additional insured endorsement along with the
required certificates of insurance.
11.3.2.2 Contractor's insurance coverage shall be
primary insurance and /or primary source of recovery as respects to City, its elected or
appointed officers, agents, officials, employees and volunteers as respects to all claims,
losses, or liability arising directly or indirectly from the Contractor's operations or
Services provided to the City. Any insurance or self- insurance maintained by City, its
officers, officials, employees and volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
11.3.2.3 Contractor's insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
11.4 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.
11.5 Notice of Cancellation. Contractor agrees to oblige its insurance broker
and insurers to provide to City with thirty (30) days notice of cancellation (except for
nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for
each required coverage except for builder's risk insurance. The builder's risk policy will
contain or be endorsed to contain a provision providing for thirty (30) days written notice
to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days
notice is required.
11.6 Self- Insured Retentions. Contractor agrees not to self- insure or to use
any self- insured retentions on any portion of the insurance required herein and further
agrees that it will not allow any indemnifying party to self- insure its obligations to City. If
contractor's existing coverage includes a self- insured retention, the self- insured
retention must be declared to City. City may review options with the Contractor, which
may include reduction or elimination of the self- insured retention, substitution of other
coverage, or other solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
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11.7 Timely Notice of Claims. Contractor shall give City prompt and timely
notice of any claim made or suit instituted arising out of or resulting from Contractor's
performance under this Agreement.
11.8 Waiver. All insurance coverage maintained or procured pursuant to this
Agreement shall be endorsed to waive subrogation against City, its elected or appointed
officers, agents, officials, employees and volunteers, or shall specifically allow
Contractor or others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss. Contractor hereby waives
its own right of recovery against City, and shall require similar written express waivers
and insurance clauses from each of its subcontractors.
11.9 Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
11.10 Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
11.11 City's Remedies. City shall have the right to order the Contractor to stop
Work under this Agreement and /or withhold any payment(s) that become due to
Contractor hereunder until Contractor demonstrates compliance with the requirements
of this Section. In the alternative, City may purchase the required coverage and charge
Contractor the cost of the premiums or deduct the cost from Contractor's payments.
11.12 Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Agreement are intended to apply to the full
extent of the policies. Nothing contained in this Agreement or any other Agreement
relating to the City or its operations limits the application of such insurance coverage.
11.13 Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Services under this or any
other contract or agreement with the City. Contractor shall provide proof that policies of
insurance required herein expiring during the term of this Agreement have been
renewed or replaced with other policies providing at least the same coverage. Proof
that such coverage has been ordered shall be submitted prior to expiration. A coverage
binder or letter from Contractor's insurance agent to this effect is acceptable. A
certificate of insurance and /or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to City
within five (5) days of the expiration of the coverages.
12. RECORDS /REPORTS
12.1 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.
12.2 No report, information, or other data given to or prepared or assembled by
Contractor pursuant to this Agreement may be made available to any individual or
organization without prior approval by City.
12.3 Contractor shall, at such time and in such form as City may require,
provide reports concerning the status or cost of Services required by this Agreement.
12.4 Required Reports.
12.4.1 Activity Report. The Contractor is required to keep a daily log of all
restrooms serviced, the name of the staff member(s) who performed the Service, and
the approximate time that the Service was performed. Each month, a report shall be
prepared from the daily log, giving a brief description of all routine, special events, and
emergency Services performed. The Contractor shall submit the report prepared from
the daily log when submitting the monthly invoice to the Project Administrator. The
Contractor shall meet monthly with the Project Administrator to review the Activity
Report.
12.4.2 Communications Report. The Contractor is required to keep a daily
log of all communications from the City, including, but not limited to the Municipal
Operations Department and the Police Department; and a daily log of all
communications from members of the public to the Contractor, whether or not those
communications required a request for service, and a description of the action taken
from the communication. The Contractor shall submit the daily log when submitting the
monthly invoice to the Project Administrator.
12.5 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 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.
13. WITHHOLDINGS
City may withhold payment to Contractor of any reasonably disputed sums until
satisfaction of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Contractor shall not discontinue Work as a result of such withholding. Contractor shall
have an immediate right to appeal to the City Manager or his /her designee with respect
to such disputed sums. Contractor shall be entitled to receive interest on any withheld
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sums at the rate of return that City earned on its investments during the time period,
from the date of withholding of any amounts found to have been improperly withheld.
14. INCREASE OR DECREASE IN SCOPE OF WORT(
City reserves the right to withdraw certain locations, tasks and /or reduce the frequency
of Services from the Scope of 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 Work. In the event a location, task
or a reduction in the frequency of Services is made from the Scope of Work,
compensation to Contractor shall be reduced in accordance with the Contractor's unit
costs specified in Exhibit C. In the event the location is withdrawn for a period of less
than a full year, Contractor's compensation shall be reduced on a prorated basis.
15. CONFLICTS OF INTEREST
15.1 The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
15.2 If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
City for any and all claims for damages resulting from Contractor's violation of this
Section.
16. NOTICES
16.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the
deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from Contractor to
City shall be addressed to City at:
Attn: Municipal Operations Department
Operations Support Superintendent
City of Newport Beach
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
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16.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attention: Marcos Loya
ABM Janitorial Services, Inc.
165 Technology Drive, Suite 100
Irvine, CA 92618
Phone: 949 - 585 -5900
17. NOTICE OF CLAIMS
Unless a shorter time is specified elsewhere in this Contract, Contractor shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. The Contractor and the City expressly agree that in addition to all claims
filing requirements set forth in the Agreement, the Contractor shall be required to file
any claim the Contractor may have against the City in strict conformance with the Tort
Claims Act (Govt. Code §§ 900 et seq.).
18. TERMINATION
18.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, the non - defaulting party may terminate the Agreement forthwith by giving
to the defaulting party written notice thereof.
18.2 Notwithstanding the above provisions, either party shall have the right, at
its sole discretion and without cause or penalty to the other, of terminating this
Agreement at any time by giving thirty (30) calendar days prior written notice to
Contractor or sixty (60) calendar days prior written notice to City. In the event of
termination under this Section, City shall pay Contractor for Services satisfactorily
performed and costs incurred up to the effective date of termination for which Contractor
has not been previously paid. On the effective date of termination, Contractor shall
deliver to City all materials purchased in performance of this Agreement and all keys to
facilities and storage areas.
19. PERFORMANCE BOND
19.1 Concurrently with execution of this Agreement, Contractor shall deliver to
City a performance bond in the sum of the Fifty Thousand Dollars ($50,000), in the form
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provided by the City Clerk, which secures the faithful performance of this Agreement.
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 full 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.
19.2 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.
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20.1 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
20.2 Waiver. A waiver by either party of any term, covenant, or condition in the
Agreement shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
20.3 Integrated Agreement. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal Agreement or implied covenant shall be held to vary the provisions
herein.
20.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
20.5 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.
20.6 Effect of Contractor's Execution. Execution of this Agreement by
Contractor is a representation that Contractor has visited the Project Site, has become
familiar with the local conditions under which the Work is to be performed, and has
taken into consideration these factors in submitting its Project Proposal and Scope of
Work.
20.7 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.
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20.8 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age.
20.9 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.
20.10 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.
20.11 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
20.12 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES NEXT PAGE]
Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFIC F T 1E CITY ATTORNEY
Date:
s
Assistant Mulvihill
Assistant City Attorney
ATTEST:
Date: $'
By: am�X NO,
Leilani I. Brown
City Clerk -ddwpqw�
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By: t- t
Michael F. Henn
Mayor
CONTRACTOR: ABM Services, Inc,
Delaware corporation
Date:
BY:
James/M. Altieri
Regio/nal Vice President
Da
By
Ca
Vic
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Work
Exhibit B - Location Map and Table of Locations
Exhibit C - Schedule of Billing Rates
Exhibit D - Performance Bond
A 11 -00493 Restroom Cleaning Services Agreement 2011.ksa final
Page 14
EXHIBIT A
SCOPE OF WORK
Project Description
Furnish all labor, equipment, and supervision to perform general janitorial services for
the City's public restrooms at the specified parks and beaches facilities. This does not
include maintenance or repair as a result of misuse, mischief, and /or acts of nature.
Contractor shall provide a Cleaning Plan that includes a schedule detailing the
methodology for visually inspecting, cleaning, and restocking restrooms on a daily basis
year -round Monday through Friday. Facilities designated as high -use will require an
additional same -day cleaning service. Janitorial services shall include, but are not
limited to, the following:
1. Removing trash in restroom and outside planters.
2. Sweeping adjacent outside ramps and walkways.
3. Sweeping, cleaning, and mopping all floors with an antibacterial disinfectant
cleaner.
— Clean mop water will be used for each separate facility.
— Liquid floor drain maintainers will be used weekly.
4. Cleaning floor drain tops and troughs of all debris.
5. Cleaning, sanitizing, and towel -drying drinking fountains and removing
encrustations.
6. Cleaning and sanitizing all toilets, urinals, and sinks.
— Stainless -steel sinks will be polished so that all visible stains are removed.
— Sprayable bacteria digester will be used in area surrounding urinals and
men's toilets.
— Liquid uratic salt remover will be used in urinals weekly.
— Urinal deodorizer screens will be replaced monthly.
— Toilets and urinals will be unclogged as needed.
7. Dusting, cleaning, and drying restroom fixtures.
8. Sweeping and cleaning shower areas.
— Showers will be shoveled and swept of sand, and hosed down as needed.
9. Cleaning and refilling all dispensers for soap, toilet paper, paper towels and seat
covers on each visit.
10. Cleaning partitions and walls.
Exhibit A -1
11. Utilizing sprayable long- lasting liquid fragranced air freshener.
12. Removing small graffiti incidents with a graffiti removal product.
— Larger graffiti incidents shall be reported to an Operations Support
Supervisor or Crew Chief immediately.
13. Powerwashing ceiling, walls, floors, drainage troughs (biannual detail only)
14. Hand scrubbing all surfaces of fixtures (biannual detail only)
Certain materials (soap, toilet paper, paper towels, seat covers, bacteria digester, uratic
salt remover, deodorizer screens, and fragranced air freshener) shall be exclusively
provided by the City. Upon verbal or written request from the Project Administrator, the
City may desire to purchase materials from the Contractor and may require that those
materials be stored at the Contractor's facility at no additional fee to the City. All
cleaning supplies, materials and tools used in the performance of this agreement shall
be of good commercial quality, and must be approved by the Project Administrator prior
to use. If any products used by the Contractor contain materials on the Cal OSHA List of
Hazardous Substances, the Contractor shall provide a material data safety sheet
(MSDS) (OSHA form 20) to the Project Administrator.
The following products meet the minimum standards established for performance of this
work. Project Administrator may approve the use of an equivalent alternative product.
1. All- Purpose Cleaner: Fast Act
2. Toilet/Urinal Cleaner /Disinfectant: Comet Cleanser
3. Drinking Fountain Cleaner /Disinfectant: Comet Cleanser
4. Stainless Steel Cleaner: Any Lemon Oil
Restroom conditions considered to be potentially hazardous to the public (Including
broken windows, vandalism, and /or facility damage), as identified by the Contractor
during the normal inspection and cleaning process, shall be reported to City staff
immediately.
The City shall issue keys and /or codes as necessary for access to facilities and storage
areas. Contractor shall assume full responsibility for theft or loss of said keys and codes
and shall pay for re- keying and /or re- programming all locks operated by these keys
and /or in such event. Keys shall not be duplicated. Contractor shall lock storage doors
and close all entrance gates (or other such security restraints) when leaving the facility.
Any unauthorized usage of City supply items by the Contractor will be grounds for
immediate termination of the contract. 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 performing contract services.
Exhibit A -2
Staffing and Vehicles
All contract services shall be performed by competent and experienced employees who
shall be neat in appearance and in uniforms as approved by the Project Administrator
when performing contract services. All Contractor personnel shall wear identification
badges or patches. Contractor shall ensure that there is at least one (1) English -
speaking employee working in any cleaning crews. Contractor shall perform a
background check on all personnel and submit those results to the Project Administrator
for approval at least fifteen (15) days prior to the commencement of that employee
performing contract services.
Contractor is required to maintain an office within a thirty (30) minutes response time of
the job site and provide the office with phone service during normal working hours. The
Contractor shall provide an organization chart or listing of staff detailing the personnel
assigned to perform or supervise contract services.
All vehicles and equipment used in conjunction with the work shall be clean in
appearance and in good working order. When performing contract services these
vehicles shall, at all times, bear identification signs, provided by the Project
Administrator, that the contractor is performing services for the City.
Working Hours
Normal working hours shall be Monday - Friday between the hours of 5:00 AM and 2:00
PM during the Summer Schedule (Memorial Day - Labor Day) and between the hours of
7:00 AM and 4:00 PM during the Non - Summer Schedule (Labor Day - Memorial Day).
Facilities designated as high -use will require an additional same -day cleaning service
during the Summer Schedule. The additional cleaning shall not occur less than three (3)
hours after the first cleaning.
The Contractor will be required to perform on a full schedule on the following holidays:
Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Friday
following Thanksgiving, Christmas Eve, and New Year's Eve. The Contractor will be
required to perform on a modified schedule on New Year's Day, Thanksgiving, and
Christmas Day holidays.
The Contractor will be required to perform a biannual detail cleaning once during March
and once during October.
Exhibit A -3
Exhibit A -4
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Location
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15th Street
1-
1
0
2.
i
14
1
8
0
14
2
0.
0
All
1
19th Street
1
1
0
2
3
1
2
1
3
2
2
1
All
1
38th Street Park -.
1
1
0
i
i
2
3
1'
2
,0.
3
0
0
1
All
1
58th Street
1
1
0
2
6
1
4
0
6
0
0
1
All
1
Arroyo Park
1
1
0
2
3
2
-A
0
3
0
2
1
All
1
Balboa Island Fire Station
0
0
2
2
2
0
2
0
4
0
2
0
All
2
Balboa Island Ferry Landing 4.
Q
0
2
2
2
0
2
2
2
0
2
0
All
2
Balboa Pier
2
2
0
4
12
2
4
0
12
3
4
4
All
2
Balboa Yacht Basin
1.
1'..
0
2
9
1
8
8
9
4
4
0
All
1
Bob Henry Park
1
1
0
2
8
2
4
0
8
0
0
1
All
1
Bonita Canyon Sports: Park
3
3
0
6
18
6
12
0
18
0
12
6
All
1
Buck Gully (Little Corona)
1
1
0
2
5
1
3
2
5
2
2
2
All
1
CYC Tennis Courts (Grant Howald Park)
1
1
0
2.
8
1
4,
0
8
-0
0
0
All :�
1
Channel Park
1
1
0
2
6
2
4
0
6
0
0
1
All
1
Coastal Peak Park
1
1
0.
2
6
2
4
0
6
0
0
2
All
1
Exhibit A -4
Corona del Mar Main Beach East
2
2
0
4
8
2
6
0
8
1
2
1
All
2
Corona del Mar Main Beach :West
2
2
0
4
8
1
6
0
8
1
2
1
All
2
Eastbluff Park
1
1
0
2
6
2
4
0
6
0
0
1
All
1
Irvine Terrace, Park
1
1
0
2
3
1
2
2.
3
0
2
1
All
1
Mariners Park
1
1
0
2
6
2
4
0
6
0
4
2
All
1
Newport Pier
2
2
0
4
18
4
8
0
18
3
8
2
All
2
Orange Street
1
1
0
2
6
1
4
0
6
1
0
1
All
1
Port Carney
'1
1
0
2
3
1
2
0
3
0:
0
1
All
1
Port Westbourne
1
1
0
2
3
1
2
0
3
0
0
1
All
1
San: Miguel Park
1
1
0
2
3
1
2
0
3
0
11
1
All
1
Washington Street
1
1
0
2
7
2
4
0
7
0
4
0
All
2
Exhibit A -5
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Locations (Total: 26)
15th Street
1501 Oceanfront West
19th Street
226 19th St
38th Street Park
3600 Balboa Blvd
58th Street
5800 Seashore Dr
Arroyo Park
1411 Bayswater Dr
Balboa Island Ferry Landing
501 Bayfront South
Balboa Island Fire Station
124 Marine Ave
Balboa Pier
801 East Oceanfront
Balboa Yacht Basin
829 Harbor Island Dr
Bob Henry Park
900 Dover Dr
Bonita Canyon Sports Park
1900 Ford Rd
Buck Gully (Little Corona)
214 Glen Dr
CYC Tennis Courts (Grant Howald Park)
3000 5th Ave
Channel Park
4402 Channel PI
Coastal Peak Park
20403 East Coastal Peak
Corona del Mar Main Beach East
3031 Ocean Blvd
Corona del Mar Main Beach West
2905 Ocean Blvd
Eastbluff Park
2401 Vista del Oro
Irvine Terrace Park
721 Evita Dr
Mariners Park
2005 Dover Dr
Newport Pier
72 McFadden PI
Orange Street
6804 Seashore Or
Port Carney
1910 Port Carney
Port Westbourne
1891 Port Westbourne
San Miguel Park
2200 San Miguel
Washington Street
208 Washington St
02117fieba
EXHIBIT C
SCHEDULE OF BILLING RATES
Weekday Hourly Rate $16.00
Weekend Hourly Rate $18.00
Weekday Holiday Hourly Rate $24:00
Weekend Holiday Hourly Rate $27.00
Emergency Hourly Rate $32.00
Minimum Hours Per Response 4.0
Exhibit C -1
Annual Cost Per -site
15th Street
19th Street
38th Street Park
58th Street
Arroyo Park
Balboa Island Fire Station
Balboa Island Ferry Landing
Balboa Pier
Bob Henry Park
Balboa Yacht Basin
Bonita Canyon Sports Park
Buck Gully (Little Corona)
CYC Tennis Courts (Grant Howald Park)
Channel Park
Coastal Peak Park
Corona del Mar Main Beach East
Corona del Mar Main Beach West
Eastbluff Park
Irvine Terrace Park
Mariners Park
Newport Pier
Orange Street
Port Carney
Port Westbourne
San Miguel Park
Washington Street
Total Annual Cost
Monday - Friday
$
4,164.00
$
3,360.00
$
3,360.00
$
3,360.00
$
3,360.00
$
6,588.00
$
6,588.00
$
9,828.00
$
3,360.00
$
4,164.00
$
8,208.00
$
3,360.00
$
3,360.00
$
3,360.00
$ 8,208.00
$ 3,360.00
$ 8,208.00
$ 3,360.00
$ 3,360.00
$ 3,360.00
$ 13,056.00
$ 3,360.00
$ 3,360.00
$ 3,360.00
$ 3,360.00
$ 6,588.00
$ 129,360.00
Saturday — Sunday
$ 1,664.00
$ 1,352.00
$ 1,352.00
$ 1,352.00
$ 1,352.00
$ 2,652.00
$ 2,652.00
$ 3,952.00
$ 1,352.00
$ 1,664.00
$ 3,276.00
$ 1,352.00
$ 1,352.00
$ 1,352.00
$ 3,276.00
$ 1,352.00
$ 3,276.00
$ 1,352.00
$ 1,352.00
$ 1,352.00
$ 5,200.00
$ 1,352.00
$ 1,352.00
$ 1,352.00
$ 1,352.00
$ 2,652.00
$ 51,896.00
Monday - Sunday
$
5,828.00
$
4,712.00
$
4,712.00
$
4,712.00
$
4,712.00
$
9,240.00
$ 9,240.00
$ 13,780.00
$ 4,712.00
$ 5,828.00
$ 11,484.00
$ 4,712.00
$ 4,712.00
$ 4,712.00
$ 11,484.00
$ 4,712.00
$ 11,484.00
$ 4,712.00
$ 4,712.00
$ 4,712.00
$ 18,256.00
$ 4,712.00
$ 4,712.00
$ 4,712.00
$ 4,712.00
$ 9,240.00
$ 181,256.00
Exhibit C -2
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. 6753967
Effective: 8/1/2011
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ $318.00
being at the rate of $ $6.35 thousand of the Contract
price.
WHEREAS, the City of Newport'Beach, State of California, has awarded to ABM
Services, Inc. hereinafter designated as the "Principal," a contract for CITYWIDE
PUBLIC RESTROOM JANITORIAL SERVICES, in the City of Newport Beach, in strict
conformity with the Agreement on file with the office of the City Clerk of the City of
Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and Safeco insurance Company Of America
, duly authorized to transact business under the laws of the
California as Surety (hereinafter "Surety "), are held and firmly bound unto thi
Newport Beach in the sum of FIFTY THOUSAND DOLLARS AND
State of
City of
NO /100
($50,000.00) lawful money of the United States of America, to be paid to the City of
Newport Beach, its successors, and assigns; for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors, or
assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the work, covenants, conditions, and
agreements in the Agreement Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to
indemnify, defend, and save harmless the City of Newport Beach, its officers,
employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this
obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by the City, only in the
event the City is required to bring an action in law or equity against Surety to enforce
the obligations of this Bond.
Exhibit D -1
Surety, for value received, stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Agreement
or to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the
Principal in full force and effect for one (1) year following the date of formal acceptance
of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed
that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
It'd WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the 18th day of mIy 2011.
' ' /` - \,• Nm wtniamr, Dine<tar- InfmnnoeACMwiing
ABIA Services, Inc.
Name of Contractor (Principal) A6 onzed SignaturelTitle
Safeco Insurance Company Of America
I
Name of Surety d Agar1# gnature
1390 Willow Pass Rd., Su Re 900, Concord, CA 94520
Address of Surety
925- 969 -2184
Telephone
Simone Gerhard, Attorney -In -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Exhibit D -2
i9Ly 24 Ke yllig4!Ze]L+lL1 M
State of California
County of ) ss.
On before me,
Notary Public, personally appeared
,who proved to me on the
name(s) is /are subscribe d
he /she /they executed the
his /her /their signatures(s)
which the person(s) acted,
to the within
same in his /h�
on the instcu&
1orX,eTidence to be the person(s) whose
ument and acknowledged to me that
heir authorized capacity(ies), and that by
the person(s), or the entity upon behalf of
instrument.
I certify under PENALTYX PERJURY under the laws of the State of California that the
foregoing paragraph ' rue and correct.
WITNESS m and and official seal.
gnature
ACKNOWLEDGMENT
State of California
County of Los Angeles ) ss.
On July 18. 2011 before me, B. Wong
Notary Public, personally appeared Simone Gerhard
(seal)
,who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) islam subscribed to the within instrument and acknowledged to me that
Owe she!##ey executed the same in -his /her /4heif authorized capacity(ies), and that by
-hislher /their signatures(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WIT N TNicial seal.
Sign yr D. Wong, Notary Public
B. WONO
Commission N 191D243 z
•.m Notary Public - California
Los Angeles County
My Comm. Ex ires Oct 24.2014'
(seal)
State of Georgia
County of Cobb
On July 19, 2011 before me, Camela Stephens, Notary
Public, personally appeared Jim Williams who proved to me
on the basis of satisfactory evidence to be the person whose
name is subscribed to the within instrument, and
acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of Georgia that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
pp, Mla ephens
ub la, Cobb County . Gerngia
My Commission Expires DeW2.2012
THIS POWER ,OF¢TTORNEY IS NOT VALID UNLESS- IT IS PRINTED ON RED BACKGROUND' .,,454267 .
This Power'of Attorney. limitsdhe acts of those named herein, and they have no authority:to bind the Company except in the manner and to the extent
- herein stated.` -
SAFECO INSURANCE, COMPANY OFAMERICA
SEATTLE, WASHINGTON
-
-: POWER'OF ATTORNEY}
KNOW ALL PERSONS, BY THESES PRESENTS, That,Safeco Insurance Company of America (the "Company'), .a Washington stock Insurance company,
pursuant to and by,authonty of the.By-law.aird Authorizatlon' heieinafter'set.forth,.doeshereby name; constitute and appoint E. S. ALBRECHT, JR.,
TRACY C. ASTON,.C. K: NAKAMURA, LISA L. THORNTON, -MARIA PENA, MARINA�TAPIA;. EDWARD C. . SPECTOR;
. KD CONRAD, BRENDA WONG, SIMONE!GERHARD; NOW] QUIROZ, B. ALEMAN; ALL OF THE CITY OF LOS ANGELES, STATE -
-. OF CALIFORNIA .A........ .:..:... .:..:.... .............. .- .......:.........:........... ....................:- - - ,
;each Individually If there -be more than one named,. its true and lawful attorney =ln -fact io make; execute;.seal; acknowledge, and deliver, for and on its behalf as
'surety and as its act -and deed,' 6 y. and: all% .undertakinga;. bonds,recogniiances and other surety obligations -in -the penal sum' not,exceeding.
SEVEN HUNDRED FIFTY MILLION AND OD /100 "l ..... " * * ** ** DOLLARS (S 750;000,000.00.. * * " *1.. *.* * « * ** ") each, and the execution of such
undertakings; bonds, recogNzances and other surety oblt ations;lo pursuance of these presents, beasbinding upon the Company as if they had been duly signed
.. by the presldentand attested by the secretary of the _Company in their own prcper persons:,
That this power is made.and executedpursuant to and by authority of the following By law and Authorizatrom - a
- ARTICLE IV - . Execution of Contracts: Section 12. Surety' Bonds and Undertakings.
w - Any officer or other official of the.Corporation authorized forthat purpoisein writing by the Chairman or;the President; and subject to such limitations y
as the Chairman ortfi'e President may, prescribe, shall' appoint such attomeysin- fact;as'may be necessary to act in behalf ofthe Corporation tomake, S
execute, seal, acknowledge and deliver as surety any 'and' elf undertakings, bonds; Fecognizancesand other sureryobligations. Such altorneysin- ' to
,e A9 ; tact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their slgnature and a
,�" executed, such instruments slisll be as binding . as if signed.byahe president and attested by the secretary.
aim
By the following Instrument the chairman or the president has authorized the officer or other official namedtherein to Appoint attorneys -In fact: G.
Pursuant to Article IV, Section 12 of'the By-laws, Garnet W Elliott; Assistant. Secretary of%iMaoo Insurance Company-of America, is authorized to '� y
0 � *0 appoint such edonna yaln- fades may be necessary to actin behalf of the Corporation to make,�execute;. seal, acknowledge '.and : deliver as surety.' ,�,W,
0� �• any and�all undertakings, bands iEicbghlwr c6s and 6thef surety obligations: - E. E.
_i: That the Bylaw and the Authorization set forth:aboveAre.true copiesthereof and are now In full torce.and effect.' 0�0
C.y IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or officla] cf the Company and the, corporate. seal of
Safeco Insurance Company of America has beah.affrxedthereto In Plymouth.Meeting, Pennsylvania this 26th, day of April C:
2011 - - - - 3 rc
p'dr' - .re,,ar, SAF.ECO INSURANCE' COMPANY OF AMERICA "- a ro
C N. d�'.
- 3 n - ���� � r 07.
% a.� iBY. W`- S"""""am o :c,
-
GarnetW Elliott, Assistant Secretary d:
.p:c COMMONWEALTH OF PENNSYLVANIA ss-
COUNTY OFMONTOOMERY,
On this 26th day of April, 2011 before me„ a Notary Public, personally came Garnet W. Elliott, tome known;: and m.0
h.a acknoviledged� that he is an Assistant - Secretary of Safeco Insurance Company of America; -that he knows the. seal* of saltl oorporation and that.'he .C'N
910r executed the above " Power of 1. ttorney and affixed the corporate seal.of Safeco insurance Company of America thereto with the authorityand at the
direction of said corporation
Z`,c� IN TESTIMONY WHEREO slave o subscribed my name -and affixed my nolanat seal. at Plymouth Meeting Pennsylvania on *the day and year 00. 11
urst above written C
IVdleAai 9sal F .�
Ed U ,Z -P Teresa Peerern notary PWlic 'By, -
OF i I iymwAh'rn9:. Nmc4U.mory county ..
_ rnycommwxon E.ptms rotor 2a; 2e3 Tereda Pastella,.Notary Public' - _
CERTIFICATE �yS - ;,Mamba oe- msyronnh Aeauderu�mNomrbs -
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foregoing is �a full, trite and -c py la 10till force and'.effect on, the date }of this certificate; and:i,do further certify thaf:the officer or offfclaf who
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provldetl in Article 1V, _Section 12 ofahe; 8y levis,of Safeco Insurance Compenyof America.
This certificate and the above power'of attorney'may ba-at ned�by facsimile' or mechanically . reproduced signatures under and by authority' of-the -
- following vote of the.boerd of directors'of Safaco,Insurance Company of America at a:meeting duly i5ailed and held on.the'18th day of September, 2009.
VOTED that the facsimil@: or mechanically reproducedisigneture of any assistant secretory.of the company46reverappearing upon a:certffied .
copy of anypower of attorneyissuetl by the company In .connection wfih- surely - bonds; shall be.valldand binding upon the company with: the
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IN.TESTI Y 1 have hereunto su.bsonbed myna y s!zed the corporate seal of.tfie, said company this •day, of '
�'; -David M. Carey, "AA�stant Secretary
=CITY OF=
n419
NEWPO
City Council
BEACH
Staff Report -�
Agenda Item No. 10
July 12, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Municipal Operations Department
Mark Harmon, Municipal Operations Department Director
949 644 -3055, mharmon @newportbeachca.gov
PREPARED BY: Maurice Turner, Administrative Manager
APPROVED: Lk
TITLE: Public Restroom Janitorial Services At City Parks And Beaches
Agreement
ABSTRACT:
Currently, the public restrooms at 26 facilities are cleaned year -round by City staff
Monday through Friday and by a contractor Saturday and Sunday. The goal of the
Agreement is to consolidate the restroom janitorial services so that a single contractor
will perform the service seven days a week.
RECOMMENDATION:
Approve the Agreement between ABM Janitorial Services and the City of Newport
Beach for public restroom janitorial services at City parks and beaches.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this service. It will be
expensed to the Janitorial Services account in the Municipal Operations Department,
3140 -8081.
DISCUSSION:
On May 23, staff issued a request for proposals for restroom cleaning services and
received seven responses by the June 1 due date. A review panel consisting of
Municipal Operations staff evaluated each proposal based on price, qualifications, and
references. ABM Janitorial Services was determined to be the lowest priced, responsive
proposer. The Orange County branch of ABM is responsible for the janitorial and
restroom cleaning services of 18,000,000 square feet of facilities for 261 customers.
Public Restroom Janitorial Services At City Parks And Beaches Agreement
July 12, 2011
Page 2
The Contractor will be required to furnish all labor, equipment, and supervision to
visually inspect, clean, and restock restrooms on a daily basis. The high -use locations
of Balboa Island Fire Station, Balboa Island Ferry Landing, Balboa Pier, Corona del Mar
Main Beach, Newport Pier, and Washington Street will be serviced twice -daily from
Memorial Day through Labor Day to meet the needs of the large summer crowds. The
contract is for a five year term and is eligible for a maximum annual CPI adjustment of
3.0% after the first year of service.
Received
ABM Janitorial Services $181,256
A -1 Building Maintenance $196,510
Brisance Janitorial Services $209,925
Ed Building Maintenance $229,632
Come Land Maintenance $242,931
Uniserve Facilities Services $464,123
Able Building Maintenance $594,048
As a result of this contract, three City staff positions will be eliminated and three
restroom cleaning contracts will be terminated. Three Facilities Maintenance Worker II
positions are being eliminated in the FY 2011 -12 Budget. Advanced Building
Maintenance, who currently performs restroom cleaning services at the recreation areas
and Bonita Canyon Sports Park, Ed Building Maintenance, who performs restroom
cleaning at Coastal Peak Park and the Balboa Yacht Basin, and Brisance Janitorial
Services, who performs the weekend restroom cleaning service, will be notified that
their respective contracts will be terminated within 30 days.
Consolidating the services currently provided by three contractors and City staff into a
sole contract will create a more manageable restroom cleaning program by increasing
accountability and reducing administrative overhead. This will lead to better service at a
lower cost with an annual savings of about $143,000.
Existing Contracts + City Staff New Contract
• Ed Building Maintenance $9,000
• Advanced Building Maintenance $10,000
• Brisance Janitorial $65,000
• City Staff $240,000
TOTAL $324.000
■ABM Janitorial $181,256
2
2.2 Contractor shall perform everything required to be performed, and shall
provide and, furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project, unless otherwise
described in the Scope of Work.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. The failure by Contractor to strictly adhere to the schedule may
result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice to the other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than 3 calendar days after the start of the
condition that purportedly causes a delay. The Project Administrator shall review all
such requests and may grant reasonable time extensions for unforeseeable delays that
are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances.
4. COMPENSATION
4.1 City shall pay Contractor for the Services on a time and expense not -to
exceed basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit C and incorporated herein by reference. No
rate changes shall be made during the term of this Agreement without the prior written
approval of the City, except for the annual adjustment to the rates in proportion to
changes in the Consumer Price Index ( "CPI ") as more particularly described in Section
4.2 below. Contractor's total annual compensation for Services performed in
accordance with this Agreement, including all reimbursable items, shall not exceed One
hundred eighty-one thousand, two hundred fifty -six Dollars and 001100
($181,256.00) per Agreement year ( "Annual Compensation "), without written
amendment to the Agreement, subject to the allowable CPI adjustment.
4.2 Consumer Price Index. Upon the first anniversary of the Commencement
Date and upon each anniversary of the Commencement Date thereafter, the rates to be
paid by the City as set forth in Exhibit B shall be adjusted in proportion to changes in the
Consumer Price Index, subject to the three percent (3.0 %) maximum adjustment
increase set forth below. Such adjustment shall be made by multiplying the original rate
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 July 1, 2011, the index to be used for the numerator is
Page 2 5
the index for the month of April 2011 and the index to be used for the denominator is
April 2010. 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
included in such new index. In no event, however, shall the amount payable under this
agreement be reduced below the rate in effect immediately preceding such adjustment.
The maximum increase to the rate, for any year where an adjustment is made in
proportion to changes in the Consumer Price Index, shall not exceed 3.0% of the Rate
in effect immediately preceding such adjustment.
4.3 Invoices. Contractor shall submit monthly invoices for the Work performed
the preceding month to the City's Project Administrator (as defined in Section 5 below).
City shall pay Contractor no later than thirty (30) days after approval of the monthly
invoice by City staff.
5. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department. The
Operations Support Superintendent, or his /her designee, shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator or his /her authorized representative shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
6. PROJECT MANAGER
6.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Marcos Loya to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel or assign any new or replacement personnel to the Project without the prior
written notice to City.
6.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6.3 Contractor warrants that all persons employed have satisfactory past
records indicating their ability to accept the kind of responsibility anticipated for this
Work. Upon receipt of the notice of award from the City, the Contractor shall supply a
list of the personnel who will perform the work, within fifteen (15) days.
6.4 Contractor shall provide the contact information of the supervisor on -duty
while contract services are being performed.
Page 3 6
7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
7.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be utilized unless approved in advance, in writing, by the Project
Administrator.
7.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest professional standards. All Services shall be
performed by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
7.3 Contractor shall provide an employee manual or its equivalent to the
Project Administrator for review. Contractor shall wear uniforms and operate vehicles
that are clean in appearance and prominently display the Contractor's name and
contact information.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
8.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by the Contractor.
8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, 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,
reasonable 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 breach of the terms and conditions of
this Agreement, any Work performed or Services provided under this Agreement
including, without limitation, defects in workmanship 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, subconsultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of them).
Page 4 7
8.3.1 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.
8.4 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work.
8.5 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
8.6 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
9. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor its
employees are to be considered employees of the City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
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.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Contractor on the Project.
11. INSURANCE
11.1 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, policies of insurance of the type and
Page 5 8
amounts described below and in a form satisfactory to City. The cost of such insurance
shall be included in Contractor's bid.
11.2 Coverage and Limit Requirements.
11.2.1: Workers' Compensation. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and employer's liability insurance
with limits of at least one million dollars ($1,000,000) of each type for Contractor's
employees in accordance with the laws of the State of California, Section 3700 of the
Labor Code. In addition, Contractor shall require each subcontractor to similarly
maintain Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California, Section 3700 for all of the
subcontractor's employees. The insurer issuing the Workers' Compensation insurance
shall amend its policy by endorsement to waive all rights of subrogation against the City,
its elected or appointed officers, agents, officials, employees and volunteers.
Contractor shall submit to City, along with the required certificate of insurance, a copy of
such waiver of subrogation endorsement.
11.2.2 General Liability. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000)
per occurrence, two million dollars ($2,000,000) General Aggregate, and two million
dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury,
personal injury, and property damage, including without limitation, blanket contractual
liability. Coverage shall be at least as broad as that provided by Insurance Services
Office form CG 00 01. None of the policies required herein shall be in compliance with
these requirements if they include any limiting endorsement that has not been first
submitted to City and approved in writing.
11.2.3 Automobile Liability. 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 less than one million dollars ($1,000,000) combined single limit for each accident.
11.3 Other Insurance Provisions or Requirements.
11.3.1 Evidence of Insurance. Contractor shall provide certificates
of insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for Workers' compensation and an additional
insured endorsement for general liability. Insurance certificates and endorsements
must be approved by City's Risk Manager prior to commencement of performance or
issuance of any permit. Current evidence of insurance shall be kept on file with City at
all times during the term of this Agreement. All of the executed documents referenced
in this Agreement must be returned within ten (10) working days after the date on the
"Notification of Award," so that the City may review and approve all insurance and bond
documentation. City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
Page 6 9
11.3.2 General liability insurance provisions. Primary and excess
or umbrella liability policies are to contain, or be endorsed to contain, the following
provisions:
11.3.2.1 City, its elected or appointed officers, agents,
officials, employees, and volunteers are to be covered as additional insureds as
respects: liability arising out of activities performed by or on behalf of Contractor,
including the insured's general supervision of Contractor; products and completed
operations of Contractor; premises owned, occupied or used by Contractor. The
coverage shall contain no special limitations on the scope of protection afforded to City,
its elected or appointed officers, officials, employees, agents or volunteers. Contractor
shall submit to City a copy of the additional insured endorsement along with the
required certificates of insurance.
11.3.2.2 Contractor's insurance coverage shall be
primary insurance and /or primary source of recovery as respects to City, its elected or
appointed officers, agents, officials, employees and volunteers as respects to all claims,
losses, or liability arising directly or indirectly from the Contractor's operations or
Services provided to the City. Any insurance or self- insurance maintained by City, its
officers, officials, employees and volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
11.3.2.3 Contractor's insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
11.4 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.
11.5 Notice of Cancellation. Contractor agrees to oblige its insurance broker
and insurers to provide to City with thirty (30) days notice of cancellation (except for
nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for
each required coverage except for builder's risk insurance. The builder's risk policy will
contain or be endorsed to contain a provision providing for thirty (30) days written notice
to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days
notice is required.
11.6 Self- Insured Retentions. Contractor agrees not to self- insure or to use
any self- insured retentions on any portion of the insurance required herein and further
agrees that it will not allow any indemnifying party to self- insure its obligations to City. If
contractor's existing coverage includes a self- insured retention, the self- insured
retention must be declared to City. City may review options with the Contractor, which
may include reduction or elimination of the self- insured retention, substitution of other
coverage, or other solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
Page 7 10
11.7 Timely Notice of Claims. Contractor shall give City prompt and timely
notice of any claim made or suit instituted arising out of or resulting from Contractor's
performance under this Agreement.
11.8 Waiver. All insurance coverage maintained or procured pursuant to this
Agreement shall be endorsed to waive subrogation against City, its elected or appointed
officers, agents, officials, employees and volunteers, or shall specifically allow
Contractor or others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss. Contractor hereby waives
its own right of recovery against City, and shall require similar written express waivers
and insurance clauses from each of its subcontractors.
11.9 Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
11.10 Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
11.11 City's Remedies. City shall have the right to order the Contractor to stop
Work under this Agreement and /or withhold any payment(s) that become due to
Contractor hereunder until Contractor demonstrates compliance with the requirements
of this Section. In the alternative, City may purchase the required coverage and charge
Contractor the cost of the premiums or deduct the cost from Contractor's payments.
11.12 Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Agreement are intended to apply to the full
extent of the policies. Nothing contained in this Agreement or any other Agreement
relating to the City or its operations limits the application of such insurance coverage.
11.13 Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Services under this or any
other contract or agreement with the City. Contractor shall provide proof that policies of
insurance required herein expiring during the term of this Agreement have been
renewed or replaced with other policies providing at least the same coverage. Proof
that such coverage has been ordered shall be submitted prior to expiration. A coverage
binder or letter from Contractor's insurance agent to this effect is acceptable. A
certificate of insurance and /or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to City
within five (5) days of the expiration of the coverages.
Page 8 9
12. RECORDS /REPORTS
12.1 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.
12.2 No report, information, or other data given to or prepared or assembled by
Contractor pursuant to this Agreement may be made available to any individual or
organization without prior approval by City.
12.3 Contractor shall, at such time and in such form as City may require,
provide reports concerning the status or cost of Services required by this Agreement.
12.4 Required Reports.
12.4.1 Activity Report. The Contractor is required to keep a daily log of all
restrooms serviced, the name of the staff member(s) who performed the Service, and
the approximate time that the Service was performed. Each month, a report shall be
prepared from the daily log, giving a brief description of all routine, special events, and
emergency Services performed. The Contractor shall submit the report prepared from
the daily log when submitting the monthly invoice to the Project Administrator. The
Contractor shall meet monthly with the Project Administrator to review the Activity
Report.
12.4.2 Communications Report. The Contractor is required to keep a daily
log of all communications from the City, including, but not limited to the Municipal
Operations Department and the Police Department; and a daily log of all
communications from members of the public to the Contractor, whether or not those
communications required a request for service, and a description of the action taken
from the communication. The Contractor shall submit the daily log when submitting the
monthly invoice to the Project Administrator.
12.5 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 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.
13. WITHHOLDINGS
City may withhold payment to Contractor of any reasonably disputed sums until
satisfaction of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Contractor shall not discontinue Work as a result of such withholding. Contractor shall
have an immediate right to appeal to the City Manager or his /her designee with respect
to such disputed sums. Contractor shall be entitled to receive interest on any withheld
Page 9 12
sums at the rate of return that City earned on its investments during the time period,
from the date of withholding of any amounts found to have been improperly withheld.
14. INCREASE OR DECREASE IN SCOPE OF WORK
City reserves the right to withdraw certain locations, tasks and /or reduce the frequency
of Services from the Scope of 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 Work. In the event a location, task
or a reduction in the frequency of Services is made from the Scope of Work,
compensation to Contractor shall be reduced in accordance with the Contractor's unit
costs specified in Exhibit C. In the event the location is withdrawn for a period of less
than a full year, Contractor's compensation shall be reduced on a prorated basis.
15. CONFLICTS OF INTEREST
15.1 The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
15.2 If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
City for any and all claims for damages resulting from Contractor's violation of this
Section.
16. NOTICES
16.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the
deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from Contractor to
City shall be addressed to City at:
Attn: Municipal Operations Department
Operations Support Superintendent
City of Newport Beach
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
16.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attention: Marcos Loya
ABM Janitorial Services, Inc.
. _ Page 10
L
165 West Technology Drive, Suite 100
Irvine, CA 92618
Phone: 949 - 585 -5900
Fax: 949 - 585 -5994
Unless a shorter time is specified elsewhere in this Contract, Contractor shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. The Contractor and the City expressly agree that in addition to all claims
filing requirements set forth in the Agreement, the Contractor shall be required to file
any claim the Contractor may have against the City in strict conformance with the Tort
Claims Act (Govt. Code §§ 900 et seq.).
18. TERMINATION
18.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, the non - defaulting party may terminate the Agreement forthwith by giving
to the defaulting party written notice thereof.
18.2 Notwithstanding the above provisions, either party shall have the right, at
its sole discretion and without cause or penalty to the other, of terminating this
Agreement at any time by giving thirty (30) calendar days prior written notice to
Contractor or sixty (60) calendar days prior written notice to City. In the event of
termination under this Section, City shall pay Contractor for Services satisfactorily
performed and costs incurred up to the effective date of termination for which Contractor
has not been previously paid. On the effective date of termination, Contractor shall
deliver to City all materials purchased in performance of this Agreement and all keys to
facilities and storage areas.
19. PERFORMANCE BOND
19.1 Concurrently with execution of this Agreement, Contractor shall deliver to
City a performance bond in the sum of the Fifty Thousand Dollars ($50,000), in the form
provided by the City Clerk, which secures the faithful performance of this Agreement.
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 full 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.
-- - - -- - Page 11 14
19.2 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.
20. STANDARD PROVISIONS
20.1 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
20.2 Waiver. A waiver by either party of any term, covenant, or condition in the
Agreement shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
20.3 Integrated Agreement. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal Agreement or implied covenant shall be held to vary the provisions
herein.
20.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
20.5 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.
20.6 Effect of Contractor's Execution. Execution of this Agreement by
Contractor is a representation that Contractor has visited the Project Site, has become
familiar with the local conditions under which the Work is to be performed, and has
taken into consideration these_ factors in submitting its Project Proposal and Scope of
Work.
20.7 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.
20.8 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age.
20.9 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
Page 12 15
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
20.10 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. .
20.11 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
20.12 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES NEXT PAGE]
-• - -- - -_ _._. .. __ __ _ . _ _ _ - - - -__. _ -- ._ -.— - — � Page 13 16
IN WITNESS WHEREOF', the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date:
By:
Leonie Mulvihill
Assistant City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Michael F. Henn
Mayor
CONTRACTOR: ABM Janitorial Services,
a California corporation
Date:
By:
James M. Altieri
Regional Vice President
Date:
Bv:
Carey M. Doss
Vice President, Operations
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Work
Exhibit B - Location Map and Table of Locations
Exhibit C - Schedule of Billing Rates
Exhibit D - Performance Bond
A11 -00493 Restroom Cleaning Services Agreement 2011.ksa redline
Page 14 17
EXHIBIT A
SCOPE OF WORK
Project Description
Furnish all labor, equipment, and supervision to perform general janitorial services for
the City's public restrooms at the specified parks and beaches facilities. This does not
include maintenance or repair as a result of misuse, mischief, and /or acts of nature.
Contractor shall provide a Cleaning Plan that includes a schedule detailing the
methodology for visually inspecting, cleaning, and restocking restrooms on a daily basis
year -round Monday through Friday. Facilities designated as high -use will require an
additional same -day cleaning service. Janitorial services shall include, but are not
limited to, the following:
1. Removing trash in restroom and outside planters.
2. Sweeping adjacent outside ramps and walkways.
3. Sweeping, cleaning, and mopping all floors with an antibacterial disinfectant
cleaner.
— Clean mop water will be used for each separate facility.
— Liquid floor drain maintainers will be used weekly.
4. Cleaning floor drain tops and troughs of all debris.
5. Cleaning, sanitizing, and towel -drying drinking fountains and removing
encrustations.
6. Cleaning and sanitizing all toilets, urinals, and sinks.
— Stainless -steel sinks will be polished so that all visible stains are removed.
— Sprayable bacteria digester will be used in area surrounding urinals and
men's toilets.
— Liquid uratic salt remover will be used in urinals weekly.
— Urinal deodorizer screens will be replaced monthly.
— Toilets and urinals will be unclogged as needed.
7. Dusting, cleaning, and drying restroom fixtures.
8. Sweeping and cleaning shower areas.
— Showers will be shoveled and swept of sand, and hosed down as needed.
9. Cleaning and refilling all dispensers for soap, toilet paper, paper towels and seat
covers on each visit.
10. Cleaning partitions and walls.
Exhibit A-1 is
11. Utilizing sprayable long- lasting liquid fragranced air freshener.
12. Removing small graffiti incidents with a graffiti removal product.
— Larger graffiti incidents shall be reported to an Operations Support
Supervisor or Crew Chief immediately.
13. Powerwashing ceiling, walls, floors, drainage troughs (biannual detail only)
14. Hand scrubbing all surfaces of fixtures (biannual detail only)
Certain materials (soap, toilet paper, paper towels, seat covers, bacteria digester, uratic
salt remover, deodorizer screens, and fragranced air freshener) shall be exclusively
provided by the City. Upon verbal or written request from the Project Administrator, the
City may desire to purchase materials from the Contractor and may require that those
materials be stored at the Contractor's facility at no additional fee to the City. All
cleaning supplies, materials and tools used in the performance of this agreement shall
be of good commercial quality, and must be approved by the Project Administrator prior
to use. If any products used by the Contractor contain materials on the Cal OSHA List of
Hazardous Substances, the Contractor shall provide a material data safety sheet
(MSDS) (OSHA form 20) to the Project Administrator.
The following products meet the minimum standards established for performance of this
work. Project Administrator may approve the use of an equivalent alternative product.
1. All- Purpose Cleaner: Fast Act
2. Toilet/Urinal Cleaner /Disinfectant: Comet Cleanser
3. Drinking Fountain Cleaner /Disinfectant: Comet Cleanser
4. Stainless Steel Cleaner: Any Lemon Oil
Restroom conditions considered to be potentially hazardous to the public (Including
broken windows, vandalism, and /or facility damage), as identified by the Contractor
during the normal inspection and cleaning process, shall be reported to City staff
immediately.
The City shall issue keys and /or codes as necessary for access to facilities and storage
areas. Contractor shall assume full responsibility for theft or loss of said keys and codes
and shall pay for re- keying and /or re- programming all locks operated by these keys
and /or in such event. Keys shall not be duplicated. Contractor shall lock storage doors
and close all entrance gates (or other such security restraints) when leaving the facility.
Any unauthorized usage of City supply items by the Contractor will be grounds for
immediate termination of the contract. 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 performing contract services.
Exhibit A-2 19
Staffing and Vehicles
All contract services shall be performed by competent and experienced employees who
shall be neat in appearance and in uniforms as approved by the Project Administrator
when performing contract services. All Contractor personnel shall wear identification
badges or patches. Contractor shall ensure that there is at least one (1) English -
speaking employee working in any cleaning crews. Contractor shall perform a
background check on all personnel and submit those results to the Project Administrator
for approval at least fifteen (15) days prior to the commencement of that employee
performing contract services.
Contractor is required to maintain an office within a thirty (30) minutes response time of
the job site and provide the office with phone service during normal working hours. The
Contractor shall provide an organization chart or listing of staff detailing the personnel
assigned to perform or supervise contract services.
All vehicles and equipment used in conjunction with the work shall be clean in
appearance and in good working order. When performing contract services these
vehicles shall, at all times, bear identification signs, provided by the Project
Administrator, that the contractor is performing services for the City.
Working Hours
Normal working hours shall be Monday - Friday between the hours of 5:00 AM and 2:00
PM during the Summer Schedule (Memorial Day - Labor Day) and between the hours of
7:00 AM and 4:00 PM during the Non - Summer Schedule (Labor Day - Memorial Day).
Facilities designated as high -use will require an additional same-day_ cleaning service
during the Summer Schedule. The additional cleaning shall not occur less than three (3)
hours after the first cleaning.
The Contractor will be required to perform on a full schedule on the following holidays:
Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Friday
following Thanksgiving, Christmas Eve, and New Year's Eve. The Contractor will be
required to perform on a modified schedule on New Year's Day, Thanksgiving, and
Christmas Day holidays.
The Contractor will be required to perform a biannual detail cleaning once during March
and once during October.
Exhibit A -3 20
Exhibit A -4 21
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Exhibit A -4 21
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Exhibit A -5 22
Locations (Total: 26)
15th Street
19th Street
38th Street Park
58th Street
Arroyo Park
Balboa Island Ferry Landing
Balboa Island Fire Station
Balboa Pier
Balboa Yacht Basin
Bob Henry Park
Bonita Canyon Sports Park
Buck Gully (Little Corona)
CYC Tennis Courts (Grant Howald Park)
Channel Park
Coastal Peak Park
Corona del Mar Main Beach East
Corona del Mar Main Beach West
Eastbluff Park
Irvine Terrace Park
Mariners Park
Newport Pier
Orange Street
Port Carney
Port Westbourne
San Miguel Park
Washington Street
1501 West Oceanfront
226 21 st St
3600 Balboa Blvd
5800 Seashore Dr
1411 Bayswater Dr
124 Marine
Agate @ South Bay Front
801 East Oceanfront
829 Harbor Island Dr
900 Dover Dr
1900 Ford Rd
214 Glen Dr
3000 5th Ave
4402 Channel PI
20403 East Coastal Peak
3001 Ocean Blvd
2401 Vista del Oro
3000 Fifth Ave
721 Evita Dr
1300 Irvine Ave
72 McFadden PI
6804 Seashore Dr
1910 Port Carney
1891 Port Westbourne
San Miguel @ Spyglass Hill Rd
208 Washington St
Exhibit B -2 24
EXHIBIT C
SCHEDULE OF BILLING RATES
Weekday Hourly Rate $16.00
Weekend Hourly Rate $18.00
Weekday Holiday Hourly Rate $24.00
Weekend Holiday Hourly Rate $27.00
Emergency Hourly Rate $32.00
Minimum Hours Per Response 4.0
Exhibit C -1 25
Annual Cost Per -site
Monday - Friday
Saturday — Sunday
Monday - Sunday
15th Street
$
4,164.00
$
1,664.00
$
5,828.00
19th Street
$
3,360.00
$
1,352.00
$
4,712.00
38th Street Park
$
3,360.00
$
1,352.00
$
4,712.00
58th Street
$
3,360.00
$
1,352.00
$
4,712.00
Arroyo Park
$
3,360.00
$
1,352.00
$
4,712.00
Balboa Island Fire Station
$
6,588.00
$
2,652.00
$
9,240.00
Balboa Island Ferry Landing
$
6,588.00
$
2,652.00
$
9,240.00
Balboa Pier
$
9,828.00
$
3,952.00
$
13,780.00
Bob Henry Park
$
3,360.00
$
1,352.00
$
4,712.00
Balboa Yacht Basin
$
4,164.00
$
1,664.00
$
5,828.00
Bonita Canyon Sports Park
$
8,208.00
$
3,276.00
$
11,484.00
Buck Gully (Little Corona)
$
3,360.00
$
1,352.00
$
4,712.00
CYC Tennis Courts (Grant Howald Park)
$
3,360.00
$
1,352.00
$
4,712.00
Channel Park
$
3,360.00
$
1,352.00
$
4,712.00
Coastal Peak Park
$
8,208.00
$
3,276.00
$
11,484.00
Carona del Mar Main Beach East
$
3,360.00
$
1,352.00
$
4,712:00
Corona del Mar Main Beach West
$
8,208.00
$
3,276.00
$
11,484.00
Eastbluff Park
$
3,360.00
$
1,352.00
$
4,712.00
Irvine Terrace Park
$
3,360.00
$
1,352.00
$
4,712.00
Mariners Park
$
3,360.00
$
1,352.00
$
4,712.00
Newport Pier
$
13,056.00
$
5,200.00
$
18,256.00
Orange Street
$
3,360.00
$
1,352.00
$
4,712.00
Port Carney
$
3,360.00
$
1,352.00
$
4,712.00
Port Westbourne
$
3,360.00
$
1,352.00
$
4,712.00
San Miguel Park
$
3,360.00
$
1,352.00
$
4,712.00
Washington Street
$
6,588.00
$
2,652.00
$
9,240.00
Total Annual Cost
$ 129,360.00
$
51,896.00
$ 181,256.00
Exhibit C -2 26
IWNSWIN-11111111191
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $
being at the rate of $ thousand of the Contract
price.
WHEREAS, the City of Newport Beach, State of California, has awarded to ABM
Janitoral Services hereinafter designated as the "Principal," a contract for CITYWIDE
PUBLIC RESTROOM JANITORIAL SERVICES in the City of Newport Beach, in strict
conformity with the Agreement on file with the office of the City Clerk of the City of
Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
, duly authorized to transact business under the laws of the State of
California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of
Newport Beach, in the sum of FIFTY THOUSAND DOLLARS AND NO /100
($50,000.00) lawful money of the United States of America, to be paid to the City of
Newport Beach, its successors, and assigns; for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors, or
assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the work, covenants, conditions, and
agreements in the Agreement Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to
indemnify, defend, and save harmless the City of Newport - Beach, its officers,
employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this
obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by the City, only in the
event the City is required to bring an action in law or equity against Surety to enforce
the obligations of this Bond.
Exhibit D -1 27
Surety, for value received, stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Agreement
or to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the
Principal in full force and effect for one (1) year following the date of formal acceptance
of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed
that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the day of , 2011.
Name of Contractor (Principal) Authorized Signature/Title
Name of Surety
Address of Surety
Telephone
Authorized Agent Signature
IJM, 0 Fri iL-13Tire0Ma
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Exhibit D -2 28
ACKNOWLEDGMENT
State of California
County of ) ss.
On before me,
Notary Public, personally appeared
,who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their authorized capacity(ies), and that by
his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
nature
ACKNOWLEDGMENT
State of California
County of } SS.
On before me,
Notary Public, personally appeared
(seal)
,who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their authorized capacity(ies), and that by
his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
29
MUNICIPAL OPERATIONS DEPARTMENT
May 23, 2011
Subject: Request for Proposals for Restroom Cleaning Service
The City of Newport Beach is issuing this request for quotations for annual public
restroom cleaning service through June 30, 2016. Currently, City staff cleans the
restrooms at 23 facilities year -round Monday through Friday. The City is considering
extending that service to include Saturday and Sunday in the future.
The City requests that interested vendors review the Scope of Work (Attachment A),
Quotation Form (Attachment B), Insurance Requirements (Attachment C), and Location
Map (Attachment D) in order to prepare a proposal that will meet the high expectations
of the City's residents and visitors.
Please complete and return the signed Quotation Form (Attachment B), Cleaning Plan,
and Statement of Qualifications by mail, in- person, or email no later than 11:00 AM on
Wednesday, June 1, 2011.
Mail: City of Newport Beach — Municipal Operations Department
3300 Newport Blvd, P.O. Box 1768, Newport Beach, CA 92658
Attention: Maurice Turner
Delivery: City of Newport Beach — Corporation Yard
592 Superior Ave, Newport Beach, CA 92663
Attention: Maurice Turner
Email: mturner @newportbeachca.gov
Please contact Jim Auger, Operations Support Superintendent, at (949) 718 -3477 or
JAuger @newportbeachca.gov if you have any questions.
Again, we invite you to respond to this request for proposals, and look forward to
evaluating your response based on cost and qualifications.
Sincerely,
4L
Mark Harmon, Director
Attachments: Scope of Work, Quotation Form, Insurance Requirements, Location Map,
Sample Agreement
Corporation Yard: 592 Superior Ave, Newport Beach, CA 92663 - Telephone: (949) 644 -3055 Fax: (949) 650 -0747
Utilities Yard: 949 West 16th .Street, Newport Beach, CA 92663 - Telephone: (949) 644 -301.1 .Fax: (949) 646 -5204
Mailing Address: PO Box 1768, .Newport Beach, CA 92658 -8915 - www. newportbeachca .gov /municipaloperations
30
ATTACHMENT A: SCOPE OF WORK
Project Description
Furnish all labor, equipment, and supervision to perform general cleaning services for
the City's restrooms at the specified facilities. This does not include maintenance or
repair as a result of misuse, mischief, and /or acts of nature.
Contractor shall provide a Cleaning Plan that includes a schedule detailing the
methodology for visually inspecting, cleaning, and restocking restrooms on a daily basis
year -round Monday through Friday. Facilities designated as high -use will require an
additional same -day cleaning service. Cleaning services shall include, but are not
limited to, the following:
1. Removing and disposing of trash in restroom and outside planters.
2. Sweeping adjacent outside ramps and walkways.
3. Sweeping, cleaning, and mopping all floors with an antibacterial disinfectant
cleaner.
— Clean mop water will be used for each separate facility.
— Liquid floor drain maintainers will be used weekly.
4. Cleaning floor drain tops and troughs of all debris.
5. Cleaning, sanitizing, and towel -drying drinking fountains and removing
encrustations.
6. Cleaning and sanitizing all toilets, urinals, and sinks.
— Stainless -steel sinks will be polished so that all visible stains are removed.
— Sprayable bacteria digester will be used in area surrounding urinals and
men's toilets.
— Liquid uratic salt remover will be used in urinals weekly.
— Urinal deodorizer screens will be replaced monthly.
— Toilets and urinals will be unclogged as needed.
7. Dusting, cleaning, and drying restroom fixtures.
8. Sweeping and cleaning shower areas.
— Showers will be shoveled and swept of sand, and hosed down as needed.
9. Cleaning and refilling all dispensers for soap, toilet paper, paper towels and seat
covers on each visit.
10. Cleaning partitions and walls.
11. Utilizing sprayable long- lasting liquid fragranced air freshener.
31
12. Removing small graffiti incidents with a graffiti removal product.
— Larger graffiti incidents shall be reported to an Operations Support
Supervisor or Crew Chief immediately.
Certain materials (soap, toilet paper, paper towels and seat covers) shall be exclusively
provided by the City. Upon verbal or written request from the Project Administrator, the
City may desire to purchase materials from the Contractor and may require that those
materials be stored at the Contractor's facility at no additional fee to the City. All
cleaning supplies, materials and tools used in the performance of this agreement shall
be of good commercial quality, and must be approved by the Project Administrator prior
to use. If any products used by the Contractor contain materials on the Cal OSHA List of
Hazardous Substances, the Contractor shall provide a material data safety sheet
(MSDS) (OSHA form 20) to the Project Administrator.
The following products meet the minimum standards established for performance of this
work. Project Administrator may approve the use of an equivalent alternative product.
1. All- Purpose Cleaner: Fast Act
2. Toilet/Urinal Cleaner /Disinfectant: Comet Cleanser
3. Drinking Fountain Cleaner /Disinfectant: Comet Cleanser
4. Stainless Steel Cleaner: Any Lemon Oil
Restroom conditions considered to be potentially hazardous to the public (Including
broken windows, vandalism, and /or facility damage), as identified by the Contractor
during the normal inspection and cleaning process, shall be reported to City staff
immediately.
The City shall issue keys and /or codes as necessary for access to facilities and storage
areas. Contractor shall assume full responsibility for theft or loss of said keys and codes
and shall pay for re- keying and /or re- programming all locks operated by these keys
and /or in such event. Keys shall not be duplicated. Contractor shall lock storage doors
and close all entrance gates (or other such security restraints) when leaving the facility.
Any unauthorized usage of City supply items by the Contractor will be grounds for
immediate termination of the contract. 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 performing contract services.
Pricing Approach
The City intends to award a five (5) year contract based on a fixed annual price. Billing
shall occur in twelve (12) equal monthly increments per contract year for services
provided. The price is subject to a three percent (3.0 %) maximum adjustment based on
the Consumer Price Index. The primary purpose of the Quotation Form is to provide the
total annual cost for cleaning service, to provide unit rates for additions or reductions to
the City's restroom facilities, and to establish clear payment deductions for contract
duties not rendered or not satisfactorily performed.
32
Staffing and Vehicles
All contract services shall be performed by competent and experienced employees who
shall be neat in appearance and in uniforms as approved by the Project Administrator
when performing contract services. All Contractor personnel shall wear identification
badges or patches. Contractor shall ensure that there is at least one (1) English -
speaking employee working in any cleaning crews. Contractor shall perform a
background check on all personnel and submit those results to the Project Administrator
for approval at least fifteen (15) days prior to the commencement of that employee
performing contract services.
Contractor is required to maintain an office within a thirty (30) minutes response time of
the job site and provide the office with phone service during normal working hours. The
Contractor shall provide an organization chart or listing of staff detailing the personnel
assigned to perform or supervise contract services.
All vehicles and equipment used in conjunction with the work shall be clean in
appearance and in good working order. When performing contract services these
vehicles shall, at all times, bear identification signs, provided by the Project
Administrator, that the contractor is performing services for the City.
Working Hours
Normal working hours shall be Monday - Friday between the hours of 5:00 AM and 2:00
PM during the Summer Schedule (Memorial Day - Labor Day) and between the hours of
7:00 AM and 4:00 PM during the Non - Summer Schedule (Labor Day - Memorial Day).
Facilities designated as high -use will require an additional same -day cleaning service
during the Summer Schedule. The additional cleaning shall not occur less than three (3)
hours after the first cleaning.
The Contractor will be required to perform on a full schedule on the following holidays:
Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Friday
following Thanksgiving, Christmas Eve, and New Year's Eve. The Contractor will be
required to perform on a modified schedule on New Year's Day, Thanksgiving, and
Christmas Day holidays.
33
34
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19th Street
68th Street
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Balboa Island Fire Station
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Bob Henry Park
Buck Gully (Little Corona)
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34
Corona del Mar Main Beach East
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35
ATTACHMENT B: QUOTATION FORM
Annual Cost Per -site
1 5th Street
19th Street
38th Street Park
58th Street
Arroyo Park
Balboa Island Fire Station
Balboa Island Ferry Landing
Balboa Pier
Bob Henry Park
Balboa Yacht Basin
Bonita Canyon Sports Park
Buck Gully (Little Corona)
CYC Tennis Courts (Grant Howald Park)
Channel Park
Coastal Peak Park
Corona del Mar Main Beach East
Corona del Mar Main Beach West
Eastbluff Park
Irvine Terrace Park
Mariners Park
Newport Pier
Orange Street
Port Carney
Port Westbourne
San Miguel Park
Washington Street
Total Annual Cost (Monday — Friday)
Monday - Friday
R
A
36
Annual Cost Per -site
15th Street
19th Street
38th Street Park
58th Street
Arroyo Park
Balboa Island Fire Station
Balboa Island Ferry Landing
Balboa Pier
Bob Henry Park
Balboa Yacht Basin
Bonita Canyon Sports Park
Buck Gully (Little Corona)
CYC Tennis Courts (Grant Howald Park)
Channel Park
Coastal Peak Park
Corona del Mar Main Beach East
Corona del Mar Main Beach West
Eastbluff Park
Irvine Terrace Park
Mariners Park
Newport Pier
Orange Street
Port Carney
Port Westbourne
San Miguel Park
Washington Street
Total Annual Cost (Saturday — Sunday)
Saturday - Sunday
B37
I have reviewed the following attachments:
Scope of Work
Insurance Requirements
I have included the following:
Cleaning Plan
Statement of Qualifications
Signature
Printed Name and Title
Date
Company
Yes_ No
Yes_ No
Yes_ No
Yes No
38
ATTACHMENT C: INSURANCE REQUIREMENTS
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, policies of insurance of the type and amounts described below and in
a form satisfactory to City. The cost of such insurance shall be included in Contractor's
billing rates.
1. Coverage and Limit Requirements.
a. Workers' Compensation. Contractor shall maintain Workers' Compensation
Insurance providing statutory benefits and employer's liability insurance with
limits of at least one million dollars ($1,000,000) each type for Contractor's
employees in accordance with the laws of the State of California, Section 3700 of
the Labor Code. In addition, Contractor shall require each subcontractor to
similarly maintain Workers' Compensation Insurance and Employer's Liability
Insurance in accordance with the laws of the State of California, Section 3700 for
all of the subcontractor's employees. The insurer issuing the Workers'
Compensation insurance shall amend its policy by endorsement to waive all
rights of subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers. Contractor shall submit to City, along with
the required certificate of insurance, a copy of such waiver of subrogation
endorsement.
b. General Liability. Contractor shall maintain commercial general liability
insurance in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) General Aggregate and two million
dollars ($2,000,000) Products and Completed Operations Aggregate for bodily
injury, personal injury, and property damage, including without limitation, blanket
contractual liability. Coverage shall be at least as broad as that provided by
Insurance Services Office form CG 00 01. None of the policies required herein
shall be in compliance with these requirements if they include any limiting
endorsement that has not been first submitted. to City and approved in writing.
c. Automobile Liability. 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.
less than one million dollars ($1,000,000) combined single limit for each accident.
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.
39
Locations (Total: 25)
15th Street 1501 West Oceanfront
19th Street 226 21 st St
38th Street Park 3600 Balboa Blvd
58th Street
5800 Seashore Dr
Arroyo Park
1411 Bayswater Dr
Balboa Island Ferry Landing
124 Marine
Balboa Island Fire Station
Agate @ South Bay Front
Balboa Pier
801 East Oceanfront
Balboa Yacht Basin
829 Harbor Island Dr
Bob Henry Park
900 Dover Dr
Bonita Canyon Sports Park
1900 Ford Rd
Buck Gully (Little Corona)
214 Glen Dr
CYC Tennis Courts (Grant Howald Park)
4400 Channel PI
Channel Park
20403 East Coastal Peak
Corona del Mar Main Beach East
3001 Ocean Blvd
Coastal Peak Park
20403 East Coastal Peak
Corona del Mar Main Beach West
2401 Vista del Oro
Eastbluff Park
3000 Fifth Ave
Irvine Terrace Park
721 Evita Dr
Mariners Park
1300 Irvine Ave
Newport Pier
72 McFadden PI
Orange Street
6804 Seashore Dr
Port Carney
1910 Port Carney
Port Westbourne
1891 Port Westbourne
San Miguel Park
San Miguel @ Spyglass Hill Rd
Washington Street
208 Washington St
41
ATTACHMENT E: SAMPLE AGREEMENT
SPy
Agenda Item No. 11
July 12, 2011
NEWPORT BEACH PLANNING COMMISSION AGENDA
Council Chambers — 3300 Newport Boulevard
Thursday, July 7, 2011
REGULAR MEETING
6:30 p.m.
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. ELECTION OF OFFICERS
The Commission will elect officers to serve for the year.
E. PUBLIC COMMENTS
Public comments are invited on non - agenda items generally considered to be within the subject
matter jurisdiction of the Planning Commission. Speakers must limit comments to three minutes.
Before speaking, please state your name for the record and print your name on the tablet provided at
the podium.
F. REQUEST FOR CONTINUANCES
G. CONSENT ITEMS
ITEM NO. 1 Minutes of June 23, 2011
ACTION: Approve and file.
H. PUBLIC HEARING ITEMS
ALL TESTIMONY GIVEN BEFORE THE PLANNING COMMISSION IS RECORDED. SPEAKERS
MUST LIMIT REMARKS TO THREE MINUTES ON ALL ITEMS. (Red light signifies when three minutes
are up; yellow light signifies that the speaker has one minute left for summation.) Please print only your
name on the pad that is provided at the podium.
Any writings or documents provided to a majority of the Planning Commission regarding any item on this
agenda will be made available for public inspection in the Community Development Department, Planning
Division located at 3300 Newport Boulevard, during normal business hours.
ITEM NO. 2 Pemstein Residence Minor Use Permit and Variance (PA2010 -173)
2430 Holiday Road
SUMMARY: A minor use permit to allow for the retention of an as -built second dwelling unit to be
converted to a senior accessory dwelling (granny) unit and a related variance to allow
for the construction of a garage addition to encroach 2 feet into the required 10 -foot
easterly side setback. The application also includes a request for variance approval to
retain ten (10) as -built over - height structures located within required setbacks
including: four (4) arbors, four (4) walls, a free - standing fireplace and a storage shed.
CEQA
COMPLIANCE: The project is categorically exempt under Section 15303, of the CEQA Guidelines -
Class 3 (New Construction or Conversion of Small Structures). The scope of the
work is limited to a garage addition and conversion and alterations of an existing
structure to accommodate a granny unit. Also, included in the request is to retain
several accessory structures including arbors, walls, a fireplace, and storage
building.
If denied, the project is not subject to CEQA review, pursuant to Section 15270 of
the CEQA Guidelines.
ACTION: 1) Conduct public hearing; and
2) Adopt a resolution approving Minor Use Permit No. UP2010 -040 for the
granny unit and denying Variance No. VA2011 -005 for the construction or
retention of all setback encroachments.
ITEM NO. 3 Whitacre Residence Appeal (PA2010 -105)
101 15th Street
SUMMARY: An appeal of the Zoning Administrator's approval of Use Permit No. UP2010 -021 and
Modification Permit No. MD2010 -027, which allowed an addition to a nonconforming
structure. The Use Permit would allow for an addition of up to 75 percent of the
existing gross floor area and alterations of up to 75 percent of the existing structural
elements of the nonconforming structures. The Use Permit would not allow a
demolition and rebuild of the existing structures, only alteration of up to 75 percent
of the structural elements. The Modification Permit would allow for encroachments
into the rear and side setbacks. The site is developed with two (2) commercial
structures adjacent to 15th Street and a residential structure to the rear. The
applicant proposes an addition to the existing residence and the addition of a new
dwelling unit above the commercial structures. Four -car parking is proposed to
satisfy the residential parking requirements.
CEQA
COMPLIANCE: If upheld and approved, then this project is exempt from CEQA, pursuant to Section
15301 (Class 1 — Existing Facilities) of the CEQA Guidelines; California Code of
Regulations, Title 14, Chapter 3, which exempts minor alterations to existing facilities
that involve negligible expansion of the use, including the addition of a new
residential unit.
If reversed and denied, then the project is not subject to CEQA review, pursuant to
Section 15270 of the CEQA Guidelines.
ACTION: 1) Conduct public hearing; and
2)- Uphold or reverse the decision of the Zoning Administrator and adopt
Resolution No. _ for Use Permit No. UP2010 -021 and Modification Permit
No. MD2010 -027.
ITEM NO.4 Nero Property Amendment, 15th Street (PA2011 -061)
105 15th Street
SUMMARY: The property owner is seeking to continue the existing nonconforming commercial
uses of the subject property by requesting the following amendments:
1) General Plan Land Use designation from Two -Unit Residential (RT) to Mixed -
Use Horizontal 4 (MU -H4),
2) Coastal Land Use Plan designation from Two -Unit Residential (RT -D) to Mixed -
Use Horizontal (MU -H), and
3) Zoning designation from Two -Unit Residential (R -2) to the Mixed -Use Cannery
Village and 15th Street (MU -CV /15th ST).
No new land use or development is proposed at this time.
CEQA
COMPLIANCE: The proposed amendments are exempt since they do not entail any significant
alteration to the subject property and will bring the General Plan Land Use, Coastal
Land Use, and Zoning District designations consistent with the present use of the
subject property. The site is presently developed and no development is proposed
at this time, however, future development of the existing property and structures
would be categorically exempt under Section 15302 of the California Environmental
Quality Act Guidelines — Class 2 (Replacement or Reconstruction).
If denied: the project is not subject to CEQA review, pursuant to Section 15270 of
the CEQA Guidelines.
ACTION: 1) Conduct public hearing; and
2) Adopt Resolution No. _ recommending the City Council:
• Approve General Plan Amendment No. GP2011 -004; and
• Approve Local Coastal Plan Amendment No. LC2011 -003; and
• Approve Code Amendment No. CA2011 -007.
ITEM NO. 5 Restaurant Conditional Use Permit (PA2011 -062)
111 Palm Street
SUMMARY: A conditional use permit to allow an eating and drinking establishment with late
hours, an outdoor dining patio, a second floor office area, and a Type 47 (On-
Sale General) alcoholic beverage license. Conditional use permit approval is also
necessary to reduce the required parking spaces through the approval of a parking
management program because the subject property does not provide on -site
parking.
CEQA
COMPLIANCE: The project is categorically exempt under Section 15301, of the CEQA - Class 1
(Existing Facilities). The Class 1. exemption includes the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing public or
private structures, facilities, mechanical equipment, or topographical features,
involving negligible or no expansion of use.
The proposed project involves the reestablishment of a restaurant with an accessory
outdoor dining patio and office within an existing structure. Therefore, the interior
use, outdoor dining patio, and office qualify for a categorical exemption under Class
1.
If denied, the project is not subject to CEQA review, pursuant to Section 15270 of
the CEQA Guidelines.
ACTION: 1) Conduct a public hearing; and
2) Approve Use Permit No. UP2011 -012 with a closing hour of 12:00 midnight
for the interior of the establishment and 10:00 p.m. for the outdoor dining
patio, subject to the findings and conditions of approval in the draft
resolution.
I. NEW BUSINESS
J. STAFF AND COMMISSIONER ITEMS
ITEM NO. 6 Community Development Director's report.
ITEM NO. 7 Announcements on matters that Commission members would like placed on a future
agenda for discussion, action, or report.
ITEM NO. 8 Request for excused absences.
ADJOURNMENT
Public Restroom Janitorial Services At City Parks And Beaches Agreement
July 12, 2011
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Cnhmiffari hir
Municipal Operations Department Director
Attachments: A. Contract
B. Request for Proposal
3
SERVICE AGREEMENT FOR
PUBLIC RESTROOM JANITORIAL SERVICES AT CITY PARKS AND BEACHES
WITH ABM JANITORIAL SERVICES
THIS SERVICE AGREEMENT FOR CITYWIDE PUBLIC RESTROOM
CLEANING SERVICES ( "Agreement') is made and entered into as of this 12th day of
July, 2011 ( "Commencement Date "), by and between the CITY OF NEWPORT BEACH,
a California municipal corporation and charter city ( "City "), and ABM Janitorial Services,
a California corporation ( "Contractor "), whose principal place of business is 5200 S
Eastern Ave #100, Los Angeles, CA and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City requires regularly scheduled janitorial services at twenty -six (26) city -owned
public restroom facilities and desires to engage Contractor to provide such
services as further described herein ( "Project').
C. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by the City for the Project, and is
familiar with all conditions relevant to the performance of services and has
committed to perform all work required for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
The term of this Agreement shall commence on August 1, 2011, and shall terminate on
June 30, 2016, unless terminated earlier as set forth herein.
2. SCOPE OF WORK
2.1 Contractor shall perform all the work described in the Scope of Work
attached hereto as Exhibit A and incorporated herein by this reference ( "Services" or
"Work ") at the locations described in the Locations Map and table attached hereto as
Exhibit B and incorporated herein by this reference ( "Project-Locations "). As a material
inducement to the City entering into this Agreement, Contractor represents and
warrants that Contractor is a provider of first class work and Contractor is experienced
in performing the Work contemplated herein and, in light of such status and experience,
Contractor covenants that it shall follow the highest professional standards in
performing the Work required hereunder and that all materials will be of good quality.
For purposes of this Agreement, the phrase "highest professional standards" shall mean
those standards of practice recognized as the prevailing industry standard by one or
more firms performing similar work under similar circumstances.
M