HomeMy WebLinkAboutC-3399 - Service Agreement for Janitorial Services at Public Restrooms at City Beaches and ParksSERVICE AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH
AND A -1 SPINELLI ENTERPRISES
FOR JANITORIAL SERVICES AT PUBLIC RESTROOMS
AT CITY BEACHES AND PARKS
THIS SERVICE AGREEMENT, is made and entered into this 14th day of
November 2006 ( "Commencement Date ") by and between the CITY OF NEWPORT
BEACH, a Municipal Corporation and Charter City ( "City "), and A -1 Spinelli, located
at 370 So. Lilac Court, Anaheim Hills, 92808 ( "Contractor"), and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing
under the laws of the State of California with the power to carry on its business as it
is now being conducted under the statutes of the State of California and the Charter
of the City of Newport Beach.
B. In October 2006, the City issued a Request for Proposal (RFP) seeking
proposals from qualified janitorial and building maintenance companies to provide
janitorial services at 21 City park and beach restroom facilities during weekends.
Contractor submitted the lowest bid among the firms that responded to the RFP.
C. City desires to engage Contractor to provide the janitorial services as
outlined in the RFP and this Agreement (the "Project ").
D. Contractor and its staff possess the training, experience, expertise,
and background to provide the services described in this Agreement.
E. City has reviewed the previous experience of Contractor and desires to
retain Contractor to render janitorial services under the terms and conditions set
forth in this Agreement.
F. Contractor acknowledges that City has relied upon Contractor's
representations and Contractor commits to faithfully perform the services required by
this Agreement and to perform the services in accordance with the terms and
conditions set forth in this Agreement.
G. Contractor has examined the location of all proposed work, carefully
reviewed and evaluated the specifications relative to the type and frequency of the
work to be performed, is familiar with all conditions relevant to the performance of
services and has committed to perform all work required for the price specified in
this Agreement.
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NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Unless terminated earlier in accordance with Section 26 of this Agreement,
the Term of this Agreement shall be for a period of two (2) years. The term shall
commence within ten (10) working days of City Council approval of this Agreement
and upon the City's receipt and approval of all required bonds and insurance.
The term of this Agreement shall automatically be extended for three (3)
additional one (1) year terms (automatic extensions) with the extensions to
automatically commence upon the expiration of the initial term or any extended term,
unless the City notifies Contractor in writing at least thirty (30) days before the end of
the initial term or any extended term, of its intent to terminate this Agreement. Time
is of the essence in the performance of services under this Agreement.
2. SCOPE OF SERVICES
A. Contractor shall perform the work or services set forth in the Scope of
Services attached hereto as Exhibit A. These services shall be provided at the
locations listed in Exhibit B. Contractor shall meet all the requirements specified in
Exhibit C. Reports shall be submitted by the Contractor in accordance with Exhibit
D. Bid Unit Prices and Costs are contained in Exhibit E. All of these Exhibits are
considered to be a part of, and are incorporated into, this Agreement by reference.
B. As a material inducement to the City for entering into this Agreement,
Contractor warrants that all work and services to be provided hereunder shall be
performed in a competent, professional and satisfactory manner by an adequate
level of staff with the appropriate level of training. Contractor covenants that it shall
follow the highest professional standards in performing the work and services and
that all equipment and supplies used will be of good quality, fit for the purpose
intended. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one or more first -
class firms performing similar work under similar circumstances.
3. PERSONNEL REQUIREMENTS AND SUPERVISION
A. The Contractor shall have present on the job at all times during the
working hours a competent Supervisor, who shall be responsible for adherence to
the specifications outlined in the Scope of Services and the cleaning requirements
set forth in Exhibit C. The Supervisor shall be able to communicate effectively in the
English language (both orally and in writing). Prior to the commencement of work,
Contractor shall submit to the General Services Director for prior approval the name
of the person intended to be employed as Supervisor for the duration of the contract,
along with his qualifications and past experience. The Supervisor shall be required
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to report regularly to the General Services Director or his or her designee, as
necessary to review cleaning requirements and deficiencies.
B. All contract services shall be performed by competent and experienced
employees. The Contractor shall comply with all state and federal legal
requirements regulating the right to work in the United States of America to ensure
that all members of the work force have the legal right to perform work under this
Agreement. Contractor shall make any records related thereto available to the City
within ten (10) days of receiving a written request for said records by the City.
C. All supervisors and lead workers must be able to communicate
effectively in English (both orally and in writing). Any order given to these
supervisors or lead workers shall be deemed delivered to the Contractor.
D. The City reserves the right to conduct a background investigation of
any employee of Contractor and to require the Contractor to remove any employee
whose performance is deemed unsatisfactory in the City's sole discretion. Persons
employed by the Contractor who are found unsatisfactory by the City shall be
discharged or reassigned by the Contractor on fifteen (15) days notice from the City.
E. Contractor shall be responsible for compliance with all local, state, and
federal laws and regulations regarding chemical usage. Contractor shall employ or
retain, at its sole cost and expense, all professional and technical personnel
necessary to properly perform contract services.
F. All Contractor personnel working under this Agreement shall be neat in
appearance. Contractor shall provide each employee with a uniform (shirt or
blouse), as approved by the General Services Director or his/her designee. All
Contractor personnel shall wear identification badges or patches.
G. All work shall be performed in accordance with the highest janitorial
and building maintenance standards.
H. Contractor shall provide an Operations Manager to coordinate work
with the General Services Director or his /her designee and ensure satisfactory
performance of contract services. A supervisor shall coordinate work crews on a
daily basis to ensure compliance with the terms of this Agreement.
The City will periodically inspect all work performed by the Contractor.
J. Contractor shall ensure there is no lapse in service. Complete
cleaning services will be required every weekend, as stated in the Agreement.
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4. LICENSES, FEES, PERMITS AND TAXES
Contractor shall obtain at its sole cost and expense such licenses, permits
and approvals as may be required by law for the performance of the services
required by this Agreement. Contractor shall have the sole obligation to pay for any
fees, assessments and taxes, plus applicable penalties and interest, which may be
imposed by law and arise from or are necessary for the Contractor's performance of
the services required by this Agreement, and shall indemnify, defend and hold
harmless City against any such fees, assessments, taxes, penalties or interest
levied, assessed or imposed against City hereunder.
5. COMPLIANCE WITH ALL LAWS
All work and services rendered hereunder shall be provided in accordance
with all ordinances, resolutions, statutes, rules and regulations of the City and any
Federal, State, or local governmental agency of competent jurisdiction.
6. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of Sixty Four Thousand, Four Hundred
($64,400.00) per year ( "Contract Amount ") to perform all the work and services
contemplated by and described in Exhibits A through D. Payment for services shall
be made to the Contractor once a month upon submission of an invoice explaining in
sufficient detail the services performed. City shall pay invoices within thirty (30) days
after approval of the invoice by the City. Payment shall be deemed made when
deposited in the United States mail, first -class postage pre -paid, and addressed to
Contractor as specified in Section entitled "Notices."
Upon the second anniversary of the Commencement Date and upon each
anniversary of the Commencement Date thereafter, the Contract Amount shall be
adjusted in proportion to changes in the Consumer Price Index, subject to the 2.5%
maximum adjustment increase set forth below. Such adjustment shall be made by
multiplying the original Contract Amount by a fraction, the numerator of which is the
value of the Consumer Price Index for the calendar month three (3) months
preceding the calendar month for which such adjustment is to be made and the
denominator of which is the value of the Consumer Price Index for the same
calendar month immediately prior to Commencement Date. For example, if the
adjustment is to occur effective June 1, 2008, the index to be used for the numerator
is the index for the month of March 2008 and the index to be used for the
denominator is the index for the month of March preceding the Commencement
Date. The "Consumer Price Index" to be used in such calculation is the Consumer
Price Index, All Urban Consumers (All Items), for the Los Angeles Anaheim
Riverside Metropolitan Area, published by the United States Department of Labor,
Bureau of Labor Statistics. If both an official index and one or more unofficial indices
are published, the official index shall be used. If said Consumer Price Index is no
longer published at the adjustment date, it shall be constructed by conversion tables
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included in such new index. In no event, however, shall the amount payable under
this Agreement be reduced below the Contract Amount in effect immediately
preceding such adjustment. No adjustment shall be made on the first anniversary of
the Commencement Date. The maximum increase to the Contract Amount, for any
year where an adjustment is made in proportion to changes in the Consumer Price
Index, shall not exceed 2.5% of the Contract Amount in effect immediately preceding
such adjustment.
7.
It is understood that City retains Contractor on an independent contractor
basis and Contractor is not an agent or employee of City. The manner and means
of conducting the work are under the control of Contractor, except to the extent they
are limited by statute, rule or regulation and the expressed terms of this Agreement.
Nothing in this Agreement shall be deemed to constitute approval for Contractor or
any of Contractor's employees or agents, to be the agents or employees of City.
Contractor shall have the responsibility for and control over the means of performing
the work, provided that Contractor is in compliance with the terms of this Agreement.
Anything in this Agreement that may appear to give City the right to direct Contractor
as to the details of the performance or to exercise a measure of control over
Contractor shall mean only that Contractor shall follow the desires of City with
respect to the results of the services.
8. EQUIPMENT AND CLEANING SUPPLIES
At its sole cost, the Contractor shall supply all necessary tools, equipment,
and labor that may be necessary to perform the work outlined herein. Contractor
shall also provide all cleaning materials and supplies, such as cleaners, liquid wax,
liquid floor soap, seals, detergents, and disinfectants. All cleaning supplies and/or
chemicals to be used on the job must be pre- approved by the City. Equipment used
by the Contractor must be of commercial quality and in good working condition at all
times.
The City will furnish consumable items such as toilet paper, paper towels,
toilet seat covers, sanitary napkins, disposable bags, and hand soap. However,
Contractor shall provide trash liners, cleaning rags, and all other cleaning
equipment. Contractor will be responsible for securing all City supplied items and
refill containers and dispensers, and shall use a sign -out log for all City supplies.
9. REPAIRIREPLACEMENT
A. The Contractor shall adopt reasonable methods to furnish continuous
protection to City property and equipment to prevent loss or damage, and shall be
responsible for all such damages, to persons or property, except such loss or
damage as may be caused by City's sole negligence or willful misconduct.
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B. Contractor shall advise the General Services Director of any damage
to City equipment or property immediately upon becoming aware of the damage.
C. Contractor shall repair, at its sole cost and expense, any damage to
City equipment or property caused by Contractor or its agents, employees,
representatives or officers.
10. FAMILIARITY WITH WORK AND WORK SITE
A. By executing this Agreement, Contractor warrants that Contractor. (a)
has thoroughly investigated and considered the Scope of Services to be performed,
(b) has carefully considered how the services should be performed, and (c) fully
understands the facilities, difficulties and restrictions attending performance of the
services under this Agreement. Contractor warrants that Contractor has
investigated the sites listed in Exhibit B and is fully acquainted with the conditions
there existing, prior to commencement of services hereunder.
B. City and Contractor agree that City has made no representation
regarding the order or condition of any area or location for which Contractor is to
provide services or that the site or location of work will be free from defects,
apparent or hidden, at the commencement of, or at any time during the term of this
Agreement.
11. HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents and
employees (collectively, the "Indemnified Parties ") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without
limitation, attorney's fees, disbursements and court costs) of every kind and nature
whatsoever (individually, a Claim; collectively, `Claims "), which may arise from or in
any manner relate (directly or indirectly) to any work performed or services provided
under this Agreement (including, without limitation, defects in workmanship and /or
materials) or Contractor's presence or activities conducted on the Project (including
the negligent and /or willful acts, errors and/or omissions of Contractor, its principals,
officers, agents, employees, vendors, suppliers, Contractors, subcontractors,
anyone employed directly or indirectly by any of them or for whose acts they may be
liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity
shall be construed as authorizing any award of attorneys fees in any action on or to
enforce the terms of this Agreement. This indemnity shall apply to all claims and
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liability regardless of whether any insurance policies are applicable. The policy limits
do not act as a limitation upon the amount of indemnification to be provided by the
Contractor.
12. INSURANCE
Without limiting Contractor's indemnification of City, and Prior to
commencement of work. Contractor shall obtain, provide and, maintain at its own
expense during the term of this Agreement, a policy or policies of liability insurance of
the type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of
insurance with original endorsements to City as evidence of the insurance coverage
required herein. Insurance certificates must be approved by City's Risk Manager
prior to commencement of performance or issuance of any permit. Current
certification of insurance shall be kept on file with City's at all times during the term
of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California; however, in no
event shall the Employer's Liability Insurance be less than one million dollars
($1,000,000) per occurrence. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least thirty (30)
calendar days (10 calendar days written notice of non - payment of premium) prior to
such change. The insurer shall agree to waive all rights of subrogation against City,
its officers, agents, employees and volunteers for losses arising from work
performed by Contractor for City.
ii. General Liability Coverage. Contractor shall maintain
commercial general liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury, and property damage,
including without limitation, contractual liability. If commercial general liability
insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement, or the general aggregate limit shall be at least twice the required
occurrence limit.
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iii. Automobile Liability Coverage. Contractor shall maintain
automobile insurance covering bodily injury and property damage for all activities of
the Contractor arising out of or in connection with work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented vehicles,
in an amount not less than two million dollars ($2,000,000) combined single limit for
each occurrence.
E. Endorsements. Each general liability, employer's liability and
automobile liability insurance policy shall be endorsed with the following specific
language:
L The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insureds with respect to liability
arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City,
its elected or appointed officers, officials, employees, agents and volunteers as
respects to all claims, losses, or liability arising directly or indirectly from the
Contractor's operations or services provided to City. Any insurance maintained by
City, including any self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits
of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or
appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits, by either party except after thirty (30)
calendar days (10 calendar days written notice of non - payment of premium) written
notice has been received by City.
F. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from Contractor's
performance under this Agreement.
G. Additional insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment
may be necessary for its proper protection and prosecution of the work.
13. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or
any interest in this Agreement without the prior written consent of City. Any
attempted or purported assignment without the consent of the City shall be null and
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void. Contractor acknowledges that these provisions relative to assignment are
commercially reasonable and that Contractor does possess special skills, abilities,
and personnel uniquely suited to the performance of contract services and any
assignment of this Agreement to a third party, in whole or in part, could jeopardize
the satisfactory performance of contract services. Contractor may not employ any
subcontractors unless specifically authorized by City.
B. The sale, assignment, transfer, or other disposition of any of the issued
and outstanding capital stock of Contractor, or of the interest of any general partner
or joint venture which shall result in changing the control of Contractor, shall be
construed as an assignment of this Agreement.
14. RECORDS AND REPORTS
A. All Contractor's books and other business records, or such part as may
be used in the performance of this Agreement, shall be subject to inspection and
audit by any authorized City representative during regular business hours.
B. Contractor shall complete a monthly maintenance report indicating
work performed and submit this completed report to the General Services Director or
his /her designee within ten (10) days after the end of each month.
C. Contractor shall keep records and invoices in connection with its work
to be performed under this Agreement. Contractor shall maintain complete and
accurate records with respect to the costs, including man hours, incurred under this
Agreement. All such records shall be clearly identifiable. Contractor shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records. Contractor shall maintain and allow inspection
of all work, data, documents, proceedings, and activities related to this Agreement
for a period of three (3) years from the date of final payment under this Agreement.
15. ADMINISTRATION
This Agreement will be administered by the General Services Department.
The Facilities Maintenance Supervisor, Charles Coakley, shall be considered the
City's Administrator and shall have the authority to act for the City under this
Agreement. The Administrator or his/her authorized representative shall represent
the City in all matters pertaining to the services to be rendered under this
Agreement.
16. INCREASE OR DECREASE IN SCOPE OF SERVICES
A.
Contractor may be asked to
perform additional janitorial and
building
maintenance
services by the Administrator. The Administrator may give verbal
authorization
for additional services up
to $500. Administrator shall
provide
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Contractor with written authorization prior to the performance of any additional
services that exceed $500.
B. City reserves the right to withdraw certain park or beach restroom
locations from the work to be performed by Contractor pursuant to this Agreement.
City shall notify Contractor in writing of its intent to do so at least thirty (30) days
prior to the effective date of withdrawal of any location. In the event a location is
withdrawn from the Scope of Services, compensation to Contractor shall be reduced
in accordance with the bid unit costs as specified in Exhibits E and F. In the event
the location is withdrawn for a period of less than a full one (1) year term,
Contractor's compensation shall be reduced on a prorated basis.
17. WORK DEFICIENCIES AND CORRECTIONS
A. The Contractor's performance will be evaluated on a regular basis.
When problems are identified, the City will notify Contractor. If issues are serious or
go unresolved, a Notice of Deficiency will be issued to Contractor in writing. This
notice will detail the issues and give a cure period to resolve them.
B. Failure to correct the deficiencies listed in the Notice of Deficiency within
the timeframe specified by the City may, in the City's sole discretion, result in action
being taken by the City, including, but not limited to, (a) withholding payment for the
subject deficiency until the work is completed; (b) correcting the deficiency (using the
City's own work force and /or by contracting out) and deducting any associated costs
plus overhead incurred thereby from the total monthly compensation due the
Contractor; (c) deletion of the site(s) from the Contract and reducing the
corresponding compensation for that month; (d) contracting with another Vendor to
perform the maintenance and other services required for the remainder of the term of
the Contract and deducting from the Contractor's total compensation under the
contract any costs that City pays or becomes obligated to pay the new Contractor,
including expenses City incurs over and above the monthly billing rate by the
Contractor for that site; (e) terminating the agreement; and/or (f) taking any other
action and exercising any other legal remedy available to the City under law.
C. The City reserves the right to make appropriate deductions in payments
for unsatisfactory performance or failure to perform contract duties. Payment
deductions shall be based upon the Unit Prices outlined in Exhibit D.
18. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting the value of the work done, or of any
work omitted, or of any extra work which Contractor may be required to do, or
respecting any payment to Contractor during the performance of the Agreement,
such dispute shall be decided by the City Manager and his decision shall be final
and binding upon Contractor and his sureties.
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19. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for any expenses unless the City approves
the expense in advance in writing.
20. PERFORMANCE BOND
A. Concurrently with execution of this Agreement, Contractor shall deliver
to City a performance bond in the sum of the annual Contract Amount of this
Agreement, in the form provided by the City Clerk, which secures the faithful
performance of this Agreement, unless such requirement is waived by the General
Services Director. The bond shall contain the original notarized signature of an
authorized officer of the surety and affixed thereto shall be a certified and current
copy of his power of attorney. The bond shall be unconditional and remain in force
during the entire term of the Agreement and shall be null and void only , if the
Contractor promptly and faithfully performs all terms and conditions of this
Agreement.
B. The performance bond required by this Agreement shall be satisfactory
only if issued by a company qualified to do business in California, rated "A" or better
in the most recent edition of Best Rating Guide, The Key Rating Guide or in the
Federal Register, and only if they are of a financial category Class VII or better,
unless such requirements are waived by the Risk Manager of the City.
21. LABOR
A. Contractor shall conform with all applicable provisions of State and
Federal law including, applicable provisions of the California Labor Code, and the
Federal Fair Labor Standards Act.
B. Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give notice to City, and provide all relevant information.
C. Wages paid by Contractor for services provided hereunder shall be in
accordance with Section 1770 of the California State Labor Code. The Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in
the locality in which the work is to be performed for each craft, classification, or type
of workman or mechanic needed to execute the contract. A copy of said
determination is available by calling the prevailing wage hotline number (415) 703-
4774, and requesting one from the Department of Industrial Relations. All parties to
the contract shall be governed by all provisions of the California Labor Code
Relating to prevailing wage rates (Sections 1770 -7981 inclusive).
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Contractor represents and agrees that it does not, and will not, discriminate
against any subcontractor, Contractor, employee or applicant for employment
because of race, religion, color, sex, handicap, national origin, or other basis that is
violative of the federal or state constitution or federal or state law. Contractor's
obligation not to discriminate shall apply, but not be limited to, the following:
employment, upgrading, demotion, transfers, recruitment, recruitment advertising,
layoff, termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this
Project.
24. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of
the California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeable be materially affected by
the work performed under this Agreement, and (2) prohibits such persons from
making, or participating in making, decisions that will foreseeable financially affect
such interest. The Contractor will provide a completed disclosure form noting the
above. Contractor will comply with the Act and relevant City Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by the City. The Contractor shall indemnify and hold harmless the
City for any claims for damages resulting from the Contractor's violation of this
Section.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
must be given in writing and will be deemed served when delivered personally or on
the second business day after the deposit thereof in the United States mail, postage
prepaid, registered or certified, addressed as hereinafter provided.
Charles Coakley
Facilities Maintenance Supervisor, General Services Department
(949) 644 -3068
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663 -3884
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
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Rose Spinelli
A -1 Spinelli Enterprises
(714) 279 -8749
370 So. Lilac Court
Anaheim Hills, CA 92808
26. TERMINATION /DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor violates any
provisions of this Agreement, Contractor shall be deemed in default. If such default
is not cured within a period of two (2) working days, or if more than two (2) working
days are reasonably required to cure the default and Contractor fails to give
adequate assurance of due performance within two (2) working days after
Contractor receives written notice of default from City, City may terminate the
Agreement forthwith by giving written notice. City may, in addition to the other
remedies provided in this or authorized by law, terminate this agreement by giving
written notice of termination.
B. This agreement may be terminated without cause by the City upon
thirty (30) days written notice. Upon termination, City shall pay to Contractor that
portion of compensation specified in the Agreement that is earned and unpaid prior
to the effective date of termination. The Contractor may only terminate the
Agreement in the event of nonpayment by the City. In the event of nonpayment by
the City, Contractor shall give the City thirty (30) days written notice thereof and the
City shall have fifteen (15) working days to cure the alleged breach.
C. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of Contractor's
compensation for contract services if, in the judgment of the City Manager, the level
of maintenance falls below appropriate janitorial or building maintenance standards
and /or Contractor fails to satisfactorily perform contract services. City shall have the
right to retain funds withheld until the City Manager determines that contract services
are performed as well and as frequently as required by this Agreement.
27. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or
for damages by reason for an alleged breach of any provisions of this Agreement,
the parties agree that attorneys' fees shall not be recoverable by the prevailing
party.
28. WAIVER
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28. WAIVER
A waiver by City of any breach of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition contained herein whether of the same or a
different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind
or nature whatsoever between the parties and all preliminary negotiations and
agreements of whatsoever kind or nature are merged in this Agreement. No verbal
agreement or implied covenant shall be held to vary the provisions hereon.
30.
This Agreement may be modified or amended only by a written document
executed by both Contractor and City and approved as to form by the City Attorney.
31. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
32. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all
matters relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
33. 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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
ffBy: ati.._.
Aaron Harp
Assistant City Attorney
ATTEST:
BY•
LaVonne Harkless
City Clerk
CITY OF NEWPORT ACH
A Municipal__C�orati7r 4
Hebb, Mayor
City of Newport Beach
CONTRACTOR:
A-1 Spine Ii pris,
By:
Title:
Title:
15
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
0
List of Exhibits
Scope of Services
0
Park and Beach Restroom Facility Locations
Janitorial Services Cleaning Requirements
Required Reports
Bid Unit Costs- Friday /Saturday Nights
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Exhibit A
Scope of Services
A. DESCRIPTION OF WORK
Contractor shall furnish all labor, equipment, materials, and supervision to
perform janitorial maintenance services at the public restrooms listed on
Exhibit B. Such services shall include, but are not limited to, the following:
1. Trash removal.
2. Sweeping, cleaning and mopping all floors.
3. Cleaning and sanitizing drinking fountains and removing
encrustations
4. Cleaning and sanitizing all toilets, urinals, and lavatories.
5. Dusting and cleaning restroom fixtures.
6. Sweeping and cleaning shower areas.
7. Picking up litter in entranceways and inside restroom facilities.
8. Refilling all dispensers, including toilet paper, paper towel and seat
cover dispensers.
9. Refilling soap dispensers at designated sites.
B. WORKING HOURS
Working hours shall vary by location, with work occurring on Friday and
Saturday nights, including holidays, between the hours of 10 p.m. and 7
a.m.
C. LEVEL OF MAINTENANCE
All work shall be performed completely and in a professional manner to
the satisfaction of the City. The Contractor will perform the services in
accordance with the specifications included herein.
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D. EXTRA WORK
No new work of any kind shall be considered an extra unless a separate
estimate is given for said work and the estimate is approved by the City
before the work is commenced. The Contractor will be required to provide
before and after photographs of safety items or emergency repairs which
were made without prior City approval. Documentation of contract
compliance may be required on some occasions.
E. EMERGENCY SERVICES
The Contractor will provide the City with the names and telephone
numbers of at least two qualified persons who can be called by City
representatives when emergency maintenance conditions occur during
hours when the Contractor's normal work force is not present in the City of
Newport Beach. These Contractor representatives shall respond to said
emergency within thirty (30) minutes from receiving notification.
F. CONTRACTOR'S OFFICE
Contractor is required to maintain an office within a one (1) hour response
time of the job site and provide the office with phone service during normal
working hours. During all other times, a telephone answering service shall
be utilized and the answering service shall be capable of contacting the
Contractor by radio or pager. Contractor shall have a maximum response
time of thirty (30) minutes to all emergencies. There will be no on -site
storage of equipment or materials. Contractor will have full responsibility
for maintaining an office and a yard.
G. SAFETY REQUIREMENT
1. All work performed under this contract shall be performed in such a
manner as to provide maximum safety to the public and where
applicable, comply with all safety standards required by CAL -
OSHA. The Facilities Maintenance Supervisor reserves the right to
issue restraint or cease and desist orders to the Contractor when
unsafe or harmful acts are observed or reported relative to the
performance of the work under this contract. All contractor vehicles
shall have a "W.A.T.C.H." work area traffic control manual at all
times.
2. The Contractor shall maintain all work sites free of hazards to
persons and/or property resulting from his/her operations. Any
hazardous condition noted by the Contractor, which is not a result
of his /her operations, shall be immediately reported to the Facilities
Maintenance Supervisor.
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3. The Contractor shall have in his /her possession and be familiar with
all safety regulations issued by the State Division of Industrial
Safety and shall comply with these and all other applicable laws,
ordinances, and regulations governing Affirmative Action programs.
The Contractor shall provide all safeguards and protective devices
and take any other action necessary to protect the health and
safety of their employees on the job, safety of City employees and
the public in connection with the performance of the work required
by this contract.
H. SPECIFICATIONS FOR CONTRACT JANITORIAL SERVICES
The intent of these specifications is to define and control the quality
of janitorial service provided to the City.
2. Contractor shall be responsible for, but not limited to, the following:
a. Recruiting and training new personnel;
b. Providing adequate staffing to perform the work in a safe,
professional and satisfactory manner;
c. Ensuring adherence to work schedules;
d. Furnishing all supplies, materials and equipment necessary for
the proper performance of the janitorial service;
e. Maintenance or replacement of cleaning equipment;
f. Providing adequate field supervision; and
g. Notifying City of any personnel changes.
3. Proof of performance and adherence to these specifications shall
be upon the Contractor.
4. If any product used by the Contractor contains any material which
is listed on California's OSHA Director's list as hazardous, the
Contractor shall provide a material safety data sheet (MSDS)
(OSHA form 20), referencing the City of Newport Beach's purchase
order number, to:
City of Newport Beach
Attn: Charles Coakley
Facilities Maintenance Supervisor
3300 Newport Boulevard, Newport Beach, CA 92663 -3884.
The Contractor warrants that all persons employed have
satisfactory past records indicating their ability to accept the kind of
responsibility anticipated in this type of work. Upon receipt of
notice of award from the City of Newport Beach, the Contractor
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must supply a list of the personnel who will perform the work, within
fifteen (15) days, and notify the City of any personnel changes.
6. The Contractor's employees shall not remove any items from the
job sites except that which has been specifically authorized by the
City of Newport Beach in writing.
7. The Contractor shall provide qualified English speaking supervision
in all areas of operations. The supervision shall work with City of
Newport Beach personnel in planning and scheduling work for
completion of tasks.
8. A schedule defining the weekend tasks will be provided to the
Contractor after the contract is awarded. Failure to perform these
scheduled tasks may result in termination of the contract or the
withholding of payments to Contractor until services are rendered.
9. The City's Operations Support Division staff will inspect and
approve each phase of the job for compliance to the specifications
prior to payment. Questions may be directed to the Facilities
Maintenance Supervisor, Charles Coakley, at (949) 644 -3068.
10. All work determined by the Operations Support staff to be defective
or deficient in any of the requirements of the specifications shall be
remedied by the Contractor at the Contractor's sole expense and in
a manner acceptable to the City of Newport Beach.
11. All Cleaning supplies, materials and tools used in the performance
of this Agreement shall be of good commercial quality, suitable for
the purposes intended, and shall provide results necessary to
provide the high standards of cleanliness required under this
contract. The City shall have the right to prohibit the use of any
process, material, supply or tool which may damage City property
or which may be a risk to employees, the public, or others using
City facilities.
The following products meet the minimum standards established
for performance of this work:
a. All- Purpose Cleaner: Fast Act (or approved equal)
b. Toilet/Urinal Cleaner /Disinfectant: Comet Cleanser (or
approved equal)
c. Drinking Fountain Cleaner /Disinfectant: Comet Cleanser
(or approved equal)
d. Stainless Steel Cleaner: Any Lemon Oil
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12. The City shall issue such keys as necessary for access to storage
areas. Contractor shall assume full responsibility for theft or loss of
said keys and shall pay for re- keying all locks operated by these
keys in such event. Keys shall not be duplicated.
13. Some work areas may be accessed by entrance gates (or other
such security restraints). The City will issue the access codes to
the Contractor. Thereafter, all costs for changing the access code
due to changes in personnel or required substitution of contracts
shall be paid by the Contractor and may be deducted from
payments due or to become due to the Contractor. Furthermore,
any alarms originating from the Contractor's operations shall also
be paid by the Contractor and may be deducted from payments due
or to become due to the Contractor.
14. Contractor shall lock storage doors upon completion of cleaning
each facility. At no time shall Contractor or its employees enter
other areas of the facility not specifically included in this contract for
janitorial services. The Contractor shall close all entrance gates (or
other such security restraints) when leaving the facilities.
15. Contractor shall immediately report all conditions and occurrences
out of the norm to the City of Newport Beach Police Department.
Including broken windows, vandalism, and/or facility damage.
16. Any unauthorized usage of City supply items by the Contractor will
be grounds for immediate termination of the contract.
17. Contractor shall be fully responsible for any and all damage done to
City property, equipment, or other property of the public premises
that result from the Contractor's operations under fhis contract.
18. City shall not be responsible for losses of Contractor's supplies, tools,
or equipment. As such, Contractor acknowledges that it is their
responsibility to provide proper identification and security for such
items at their own expense.
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Exhibit B
Park and Beach Restroom Facility Locations
1. Newport Pier Shower and Restroom Facility
2. 15th Street Shower and Restroom Facility
3. Balboa Pier Shower and Restroom Facility
4. Washington Street Restroom Facility
5. 19th Street Shower and Restroom Facility
6. 38th Street Park Restroom Facility
7. Channel Park Restroom Facility
8. 58th Street Restroom Facility
9. Orange Street Shower and Restroom Facility
10. Balboa Island Restroom Facility
11. Ferry Landing Restroom Facility
12. Irvine Terrace Park Restroom Facility
13. Corona Del Mar Main Beach Shower and Restroom Facilities
14. Buck Gully Restroom Facility
15. CYC Tennis Courts Restroom Facility
16. San Miguel Park Restroom Facility
17. Port Carney Restroom Facility
18. Port Westbourne Restroom Facility
19. Eastbluff Park Restroom Facility
20. Bob Henry Park Restroom Facility
21. Arroyo Park Restroom Facility
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Exhibit C
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JANITORIAL SERVICES CLEANING REQUIREMENTS
All of the public restroom sites listed in Exhibit B shall be cleaned nightly on
Friday and Saturday nights, including holidays, between the hours of 10:00 p.m.
and 7:00 a.m. Each site will be cleaned and serviced before 7:00 a.m. for the
public's use. This contract is for all weekend nights -- 52 weeks per year.
The City of Newport Beach will furnish all the paper products that will be stocked
in each of the restrooms. This will include twin saver toilet paper, c -fold paper
towels, and toilet seat covers. The Contractor will not be responsible for
providing any paper products.
The following, are the facilities to be cleaned by the Contractor:
1) NEWPORT PIER RESTROOM AND SHOWER AREAS: This facility
includes three shower areas located at the 1) west end of Newport Pier
Parking Lot, by Lifeguard Tower No. 24; 2) west side of the Dory Fishing
Fleet; and 3) in the common area next to Lifeguard Access Road at 20T
Street). This restroom area consists of 4 quadrants, 2 women's restrooms
and 2 men's restrooms.
10 toilets - women's 6 toilets -men's 4 - urinals
4 Lavatories - women's 4 Lavatories -men's
10 Twn savr T. paper disps. 6 Twn savr T. paper disps.
2 outside twin- tiered drinking fountains
• All floor areas in the four quadrants will be swept and cleaned of all
debris. The floor will be mopped with a disinfectant cleaner. All
outside entrances will be swept and cleaned of any trash.
• All toilets, urinals, and lavatories will be cleaned and disinfected. All
fixtures will be wiped down and dried.
• The two drinking fountains will be cleaned, disinfected, and towel
dried.
• All twin saver toilet paper dispensers will be checked and refilled, if
necessary, on each visit to the restroom. The tops of each dispenser
will be wiped clean. The paper is stored in the pipechase area.
• All three shower areas will be swept of all sand and hosed down after
the sweeping.
• All trash will be removed.
2) 15TH STREET RESTROOM AND SHOWER AREA. This restroom facility
consists of one women's area and one men's area and a shower area.
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3)
4)
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10 toilets- women's
1 Urinal
4 Lavatories - women's
10 Twn Savr. T. paper disps.
2 C -Fold towel disps
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4 toilets -men's
4 Lavatories -men's
4 Twn Savr T. paper disps.
2 C -Fold towel disps.
• All floor areas inside men's and women's restrooms will be swept clean
of all debris. The floor will be mopped with a disinfectant cleaner. All
outside ramps and walkways will be swept and hosed down.
• All toilets, urinals, and lavatories will be cleaned and disinfected. All the
fixtures will be wiped down and dried.
• All Twin Saver and C -Fold paper dispensers will be checked and
refilled, if necessary, on each visit. The tops of each dispenser will be
wiped clean. The paper is stored in the pipechase area.
• The shower areas that are located near the ocean will be swept of all
sand and hosed down after the sweeping.
• All trash will be removed.
BALBOA PIER RESTROOM, PATIO, AND SHOWER AREAS. This
facility consists of one men's restroom and one women's restroom.
8 toilets- women's 6 toilets & 4 urinals — men's
2 unisex lavatories 2 unisex lavatories
8 twn Savr Disps 8 twn Savr dispensers
4 drinking Fountains
• All floor areas, which include the restroom, patio, and shower areas,
will be swept and hosed of all sand and debris.
• All toilets, urinals, and lavatories will be cleaned and disinfected. They
will be wiped down and dried.
• The two drinking fountains will be cleaned, disinfected, and towel
dried.
• All Twin Saver toilet paper dispensers will be checked and refilled, if
necessary, on each visit. The tops of each dispenser will be wiped
clean. The paper is stored in the pipechase area.
• All trash will be removed.
WASHINGTON STREET RESTROOM FACILITY. This facility consists of
one men's restroom and one women's restroom.
6 Toilets- women's
3 Lavatories - women's
6 Twn Savr Disps.
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3 Toilets -men's 3 urinal
3 Lavatories -men's
3 Twn Savr Disps.
• All floor areas in both restrooms will be swept and mopped with
disinfectant cleaner. All outside entrances will be swept and cleaned
of debris.
• All toilets, urinals, and lavatories will be cleaned and disinfected. They
will be wiped down and dried.
• The drinking fountain will be cleaned, disinfected, and wiped down.
• All twin saver and c -fold dispensers will be checked and refilled, if
necessary, on each visit. Both soap dispensers will be refilled, if
necessary. The tops of the dispensers will be wiped clean. The paper
and liquid soap is stored in the pipechase area.
• All trash will be removed.
5) 19TH STREET RESTROOM AND SHOWER AREAS (located next to
restroom and down on the beach at 18th Street). This facility consists of
one women's restroom and one men's restroom.
2 Toilets- women's 1 Toilet -men's 1 urinal
1 Lavatory- women's 1 Lavatory-men's
2 twn savr 1 c -fold disp. 1 twn savr disp.
1 liquid soap disp.- women's
1 twin- tiered drinking fountain
• All floor areas will be swept of debris and mopped with a disinfectant
cleaner. All outside entrances will be swept clean of sand and debris.
• All toilets, urinals, and lavatories will be cleaned and disinfected. They
must also be wiped down and dried.
• The drinking fountain will be cleaned, disinfected, and towel dried.
• All twin saver and c -fold dispensers will checked and refilled, if
necessary, on each visit. The tops of the dispensers will be wiped
clean. The liquid soap dispenser in the women's restroom will be
refilled on each visit. The paper is stored in the outside storage area.
• The two shower areas will be swept of all sand and hosed down after
sweeping.
• All trash will be removed.
6) 38TH STREET PARK RESTROOM FACILITY This site consists of one
women's restroom and one men's restroom.
2 toilets - women's 1 toilet -men's restroom 1 urinal
1 lavatory- women's 1 lavatory-men's restroom
2 twn savr disps- women's 1 twn savr disp -men's
1 outside twin tiered drinking fountain
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• •
• All floor areas will be swept and hosed down with a disinfectant
cleaner. All outside patio areas will be hosed down.
• All toilets, urinals, and lavatories will be cleaned and disinfected. They
must also be wiped down and dried.
• The drinking fountain will be cleaned, disinfected, and towel dried.
• All twin saver toilet paper dispensers will be checked and refilled, if
necessary, on each visit. The paper is stored in the pipechase area.
• All trash will be removed.
CHANNEL PARK RESTROOM FACILITY. This site consists of one
women's restroom and one men's restroom.
5 toilets - women's
2 lavatories - women's
5 twn savr disps - women's
3 toilets & 1 urinal - men's
2 lavatories - men's
3 twn savr disps. - men's
• All floor areas, outside entrances, and walkways will be swept and
hosed of any debris.
• All toilets, urinals, and lavatories will be cleaned and disinfected. They
will be wiped down and dried.
• All twin saver dispensers will be checked and refilled at each visit. the
tops of the dispensers will be wiped clean. The paper is stored in the
pipechase area.
• All trash will be removed.
58TH STREET RESTROOM FACILITY. This site consists of one women's
restroom and one men's restroom.
5 toilets - women's
2 lavatories - women's
5 twn savr disps. - women's
1 outside drinking fountain
3 toilets & 1 urinal - men's
2 lavatories - men's
3 twn savr. disps. - men's
• All floor areas, outside entrances, and walkways will be swept and
hosed of any debris.
• All toilets, urinals, and lavatories will be cleaned and disinfected.
They will be wiped down and dried.
• All twin saver dispensers will be checked and refilled at each visit.
The tops of the dispensers will be wiped clean. The paper is stored
in the pipechase area.
• The outside drinking fountain will be cleaned, disinfected, and towel
dried.
• All trash will be removed.
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9) ORANGE STREET SHOWER AND RESTROOM FACILITY. This site
consists of one women's restroom and one men's restroom. The shower
area is attached to the outside of the building.
5 toilets - women's 3 toilets & 1 urinal - men's
2 lavatories - women's 2 lavatories - men's
5 twn savr disps.- women's 3 twn savr. Disps - men's
1 outside twin tiered drinking fountain
• All floor areas, outside entrances, and walkways will be swept and
hosed of all sand and debris.
• All toilets, urinals, and lavatories will be cleaned and disinfected.
They will be wiped down and dried.
• All twin saver dispensers will be checked and refilled at each visit.
the tops of the dispensers will be wiped clean. The paper is stored
inside the pipechase.
• The outside drinking fountain will be cleaned, disinfected, and towel
dried.
• The outside shower area will also be hosed completely clean of
sand.
• All trash will be removed.
10) BALBOA ISLAND RESTROOM FACILITY. This site consists of one
women's restroom and one men's restroom.
1 toilet - women's
1 lavatory - women's
2 twn savr. disps.
1 liquid soap dispenser
1 toilet - men's
1 lavatory -men's
1 twn savr dispenser
1 liquid soap dispenser
• All floor areas will be swept and mopped with disinfectant.
• All toilets and lavatories will be cleaned and disinfected. They will be
wiped and dried.
• All twin saver toilet paper dispensers will be checked and refilled. The
tops of each dispenser will be wiped clean. The paper and liquid soap
will be stored at the Irvine Terrace facility's storage room.
• The liquid soap dispensers will be refilled at each visit to this site.
• All trash will be removed.
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11) FERRY LANDING RESTROOM FACILITY. This site consists of two
unisex restrooms.
2 toilets
2 lavatories
2 twn savr dispensers
2 c -fold dispensers
2 liquid soap dispensers
• All floor areas are to swept and mopped with disinfectant cleaner. All
outside areas to be swept of all debris.
• All toilets and lavatories will be cleaned and disinfected, wiped down
and dried.
• All twin saver and c -fold dispensers will be refilled on each visit. The
tops of all dispensers will be wiped clean. All soap dispensers will be
filled at each visit. The paper for this facility is stored at Irvine Terrace
Park.
• All trash will be removed.
12) IRVINE TERRACE PARK RESTROOM FACILITY. This site consists of
one men's restroom and one women's restroom.
3 toilets - women's
1 lay.- women's
3 twn savr disps. - women's
1 c -fold disp.- women's
1 liq. soap disp. - women's
1 outside twin- tiered drinking fountain
ltoilet & 1 urinal - men's
1 lay. -men's
1 twn savr disp: men's
1 c-fold disp. -men's
1 liq. soap disp. -men's
• All floor areas will be swept and mopped with disinfectant cleaner. all
outside areas will be swept clean.
• All toilets, urinals, and lays will be cleaned and disinfected. They will
all be wiped down and dried.
• The outside drinking fountain will be cleaned, disinfected, and towel
dried.
• All twin saver and c- fold dispensers will be refilled on each visit. the
tips of each dispenser will be wiped clean. The paper is stored in the
storeroom.
• All trash will be removed.
13) CORONA DEL MAR MAIN BEACH RESTROOM AND SHOWER
FACILITES. This site consists of two separate sites. The facility is
located near the entrance to the bay and consists of one men's restroom,
one women's restroom, and a shower facility that is located in front of the
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restroom on the beach. The east facility is located near lifeguard tower
#4. It consists of one men's restroom and dressing room, and one's
women's restroom and dressing room. The shower area is located on the
beach in front of the building.
WEST FACILITY
6 toilets - women's
2 lays- women's
6 twn savr disps. - women's
1 outside twin tiered drinking fountain
1 outside shower area
EAST FACILITY
6 toilets - women's
2 lays- women's
5 twn savr disps. - women's
1 outside drinking fountain
1 outside shower area
3 toilets 2- urinals -men's
1 lays -men's
3 twn savr disps. -MEN'S
3 toilets 2- urinals -men's
1 lays -men's
3 twn savr disps. -men's
1 outside drinking fountain
• All floor areas in each building will be swept and cleaned of any
debris. All inside and outside areas will be hosed of all sand (inside
areas will be disinfected).
• All toilets, urinals, and lavatories will be cleaned and disinfected.
They will be wiped down and dried.
• All drinking fountains will be cleaned, disinfected, and towel dried.
• All twin saver dispensers will be refilled on each visit. The tops of
each dispenser will be wiped clean. The paper is stored in each
building pipechase.
• All shower areas will be swept of all sand and hosed down after
sweeping.
• All trash will be removed.
14) BUCK GULLY RESTROOM FACILITY (also known as "Little Corona
Beach. ") This site consists of one men's restroom and one women's
restroom.
3 toilets - women's 1 toilet & 1 urinal - men's
1 lav - women's 1 lavatory - men's
3 twn savr. disps. - women's 1 twn savr disp: men's
1 c -fold disp.- women's 1 c -fold dispense - men's
1 liq. soap disp.- women's 1 liquid soap dispenser - men's
1 outside twin- tiered drinking fountain
• All inside and outside areas will be swept and hosed of any sand or.
debris. The inside floor areas will be disinfected.
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• All toilets, urinals, and lays will be cleaned and disinfected. They will
be wiped down and dried.
• The outside drinking fountain will be cleaned, disinfected, and towel
dried.
• All dispensers will be filled on each visit (paper and soap). The tops of
each dispenser will be wiped clean. The paper is stored in the
pipechase area.
• All trash will be removed.
CYC TENNIS COURTS RESTROOM FACILITY. This site consists of
one men's restroom and one women's restroom.
5 toilets - women's
2 lays- women's
5 twn savr disps - women's
1 outside drinking fountain
3 toilets & 1 urinal -men's
2 lays -men's
3 twn savr disps -men's
• All inside and outside areas will be swept and hosed of any sand or
debris. The inside floor areas will be disinfected.
• All toilets, urinals, and lays will be cleaned and disinfected. They will
be wiped down and dried.
• The outside drinking fountain will be cleaned, disinfected, and towel
dried.
• All dispensers will be filled on each visit. The tops of each dispenser
will be wiped clean. The paper is stored in the pipechase area.
• All trash will be removed.
SAN MIGUEL PARK RESTROOM FACILITY. This site consists of one
men's restroom and one women's restroom.
3 toilets - women's
1 lavatory -women's
3 twn savr disps. - women's
1 outside drinking fountain
1 toilet & 1 urinal - men's
1 lavatory - men's
1 twn savr disp.- men's
• All inside and outside areas will be swept and hosed of any sand or
debris. The inside floor areas will be disinfected.
• All toilets, urinals, and lays will be cleaned and disinfected. They will
be wiped down and dried.
• The outside drinking fountain will be cleaned, disinfected, and towel
dried.
• All dispensers will be filled on each visit. the tops of each dispenser
will be wiped clean. The paper is stored in the pipechase area.
• All trash will be removed.
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PORT CARNEY RESTROOM FACILITY. This site consists of one men's
restroom and one women's restroom.
2 toilets - women's
1 lav- women's
2 twn savr disps. - women's
1 outside drinking fountain
1 toilet 1- urinal -men's
1 lav -men's
1 twn savr disp. -men's
• All inside and outside areas will be swept and hosed of any sand or
debris. The inside floor areas will be disinfected.
• All toilets, urinals, and lays will be cleaned and disinfected. They will
be wiped down and dried.
• The outside drinking fountain will be cleaned, disinfected, and towel
dried.
• All dispensers will be filled on each visit. The tops of each dispenser
will be wiped clean. The paper is stored in the storeroom.
• All trash will be removed.
PORT WESTBOURNE RESTROOM FACILITY. This site consists of one
men's restroom and one women's restroom.
2 toilets - women's restroom
1 lav- women's restroom
2 twn savr disps - women's
1- outside drinking fountain
1- toilet 1 urinal -men's
1 lav -men's
1 -twn savr disp -men's
• All inside and outside areas will be swept and hosed of any sand or
debris. The inside floor areas will be disinfected.
• All toilets, urinals, and lays will be cleaned and disinfected. They will
be wiped down and dried.
• The outside drinking fountain will be cleaned, disinfected, and towel
dried.
• All dispensers will be filled on each visit. The tops of each dispenser
will be wiped clean. The paper is stored in the storeroom.
• All trash will be removed.
EASTBLUFF PARK RESTROOM FACILITY. This site consists of one
men's restroom and one women's restroom.
5- toilets- women's restroom 3- toilets 1urinal -men's restroom
2 -lays- women's restroom 2 -lays -men's restroom
5 -twn savr disps - women's restroom 3 -twn savr disps -men's restroom
1- outside drinking fountain
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• All inside and outside areas will be swept and hosed of any sand or
debris. The inside floor areas will be disinfected.
• All toilets, urinals, and lays will be cleaned and disinfected. They will
be wiped down and dried.
• The outside drinking fountain will be cleaned, disinfected, and towel
dried.
• All dispensers will be filled on each visit. The tops of each dispenser
will be wiped clean. The paper is stored in the pipechase.
• All trash will be removed.
BOB HENRY PARK RESTROOM FACILITY. This site consists of one
men's restroom and one women's restroom.
5 toilets - women's restroom
2 lavatory - women's restroom
5 twn savr disps.women's
1 outside drinking fountain
3 toilets & 2 urinals - men's restroom
2 lavatories - men's restroom
3 twn savr disps. — men's restroom
• All inside and outside areas will be swept and hosed of any sand or
debris. The inside floor areas will be disinfected.
• All toilets, urinals, and lavatories will be cleaned and disinfected. They
will be wiped down and dried.
• The outside drinking fountain will be cleaned, disinfected, and towel
dried.
• All dispensers will be filled on each visit. The tops of each dispenser
will be wiped clean. The paper is stored in the pipechase.
• All trash will be removed.
ARROYO PARK RESTROOM FACILITY. This site consists of one men's
restroom and one women's restroom.
3 toilets - women's restroom
2 lays - women's restroom
1 outside drinking fountain
2 toilets - men's restroom
2 lays - men's restroom
2 urinals - men's restroom
• All inside and outside areas will be swept and hosed of any sand or
debris. The inside floor areas will be disinfected.
• All toilets, urinals, and lavatories will be cleaned and disinfected. They
will be wiped down and dried.
• The outside drinking fountain will be cleaned, disinfected, and towel
dried.
• All dispensers will be filled on each visit. The tops of each dispenser
will be wiped clean. The paper is stored in the outside storage room.
• All trash will be removed.
32
Exhibit D
Required Reports
1. Monthly Maintenance Report
33
• 1 !
Exhibit E
Bid Unit Costs
Total Cost: Friday /Saturday Nights (Including holidays)
$ 64.400
F: users / CAT / Shared /AG/Maintenance/Janitorial Contract — Beaches and Parks.com
34
Restroom Cleaning Services - Friday and Saturday Nights
(52 Weekends: Between
10:00 PM and 7:00 AM)
Amount Per Year
Amount Per Year
Location
(Friday /Saturday Nights)
Location
(Friday/Saturday Nights
Newport Pier
$ 6,450
Ferry Landing
$ 3,500
15th Street
$ 6,450
Irvine Terrace
$ 1,600
Balboa Pier
$ 6,450
CdM Main Beach
$ 6,450
Washington Street $ 3,500
Buck Gully
$ 3,500
19th Street
$1,600
CYC Tennis Courts
$ 1,600
38th Street
$ 1,600
San Miguel Park
$ 1,600
Channel Park
$ 1,600
Port Carney
$ 1,600
58th Street
$ 3,500
Port Westburne
$ 1,600
Orange Street
$ 3,500
Eastbluff Park
$ 1,600
Balboa Island
$ 3,500
Bob Henry Park
$ 1,600
Arroyo Park
$ 1,600
Total Cost: Friday /Saturday Nights (Including holidays)
$ 64.400
F: users / CAT / Shared /AG/Maintenance/Janitorial Contract — Beaches and Parks.com
34
AMENDMENT NO. ONE
TO
CONTRACTOR AGREEMENT
WITH A -1 SPINELLI ENTERPRISES
FOR
MAINTENANCE OF BEACH AND PARK RESTROOMS
THIS AMENDMENT NO. ONE TO CONTRACTOR AGREEMENT, entered into this list
day of May, 2006, by and between the CITY OF NEWPORT BEACH, a municipal
corporation, (hereinafter referred to as ( "City ") and A -1 SPINELLI ENTERPRISES,
whose address is 370 S. Lilac Court, Anaheim Hills, California, 92808 ( "Contractor "),
and is made with reference to the following:
RECITALS
A. On February 21, 2001, CITY and Contractor entered into a Contractor
Agreement, hereinafter referred to as "Agreement', for maintenance of
beach and park restrooms, hereinafter referred to as "Project'. This
Agreement expired February 27, 2006, after four (4) one (1) year
extensions.
B. Since February 21, 2006, Contractor has continued to provide services to
the City and has been compensated for said services at the rate of $3,508
per month.
C. City desires to enter into this Amendment No. One to reflect additional
costs and services not included in the Agreement or prior Amendments
and to extend the term of the Agreement to October 31, 2006.
D. City desires to compensate Contractor for additional professional services
needed for Project.
E. City and Contractor mutually desire to amend Agreement, hereinafter
referred to as Amendment No. One, as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
Contractor shall be compensated for costs and services performed
pursuant to this Amendment No. One for maintenance of beach and park
restrooms described in the Agreement.
2. Contractor acknowledges that Contractor has been fully compensated for
all services provided to the City from February 27, 2006 to May 1, 2006.
3. Total additional compensation to Contractor for services performed
pursuant to this Amendment No. One for all work performed in
accordance with this Amendment from May 1, 2006 through October 31,
2006, including all reimburseable items and subcontractor fees, shall not
exceed $3,508 per month and shall not exceed a total of Twenty One
Thousand Forty -Eight Dollars and 00/100 ($21,048.00).
4. The term of the Agreement shall be extended October 31, 2006.
5. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. One
on the date first above written.
APPROVED AS TO FORM:
By: ,— C_ w,
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
CITY OF NEWPORT BEAC ,
A Municipal Corporation,
By:
Don Webb,
Mayor
for the City of Newport Beach
CONTRACTOR:
City Clerk
Attachment: Exhibit A
F: use rs/cat/cp/shared/AG/Amend ments/A-1 Spinelli.doc
2
CONTRACTOR AGREEMENT
THIS AGREEMENT, entered into this 2:6 day of�eh- of 2001, by and
between the City of Newport Beach, a Municipal Corporation and Charter City ( "City"),
and A -1 Spinelli Enterprises., a California Corporation ( "Contractor or A -1 Spinelli "),
is made with reference to the following Recitals:
RECITALS
WHEREAS, janitorial and related services for certain City public restrooms and
facilities are currently provided on weekends by City personnel and equipment.
WHEREAS, the City Council has determined it is in the City's best economic
interest to obtain contract services to replace the existing weekend maintenance
provided by City staff at these facilities.
WHEREAS, On January 8, 2001, a notice of Invitation for Bid was given to fifty -
two firms that provide janitorial and related services; and
WHEREAS, thirteen of the noticed firms attended the mandatory Pre -bid meeting
and job -walk on January 10, 2001; and bids were received from seven of the thirteen
firms.
WHEREAS, a public bid - opening was held on January 24, 2001, and A -1 Spinelli
Enterprises submitted the low bid.
WHEREAS, A -1 Spinelli Enterprises desires to enter into an Agreement to
provide services to City and acknowledges that the City has relied upon its
representations and commits to faithfully perform the services required by this
Agreement and in accordance with the terms and conditions of this Agreement.
WHEREAS, A -1 Spinelli has examined the location of all proposed work,
carefully reviewed and evaluated the specifications relative to the type, common nature
and frequency of work to be performed, is familiar with all conditions relevant to the
performance of services and has committed to perform all work required for the price
specified in this Agreement
NOW, THEREFORE, the Parties agree as follows:
1. TERM
The Term of this Agreement shall be for a period of one (1) year. The term shall
commence within ten (10) working days of City Council Approval and upon receipt and
approval of all required bonds and insurance. The term of this Agreement shall
automatically be extended for four (4) additional one (1) year terms (automatic
extensions) with the first extension to commence upon the expiration of the initial term,
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unless the City notifies Contractor in writing at least thirty (30) days before the end of
the initial term or any automatic extension, of its intent to terminate this Agreement at
the conclusion of the initial term or any extension.
2. ADMINISTRATION
A. This Agreement will be administered by the General Services Department.
The General Services Director or his /her designees shall be considered
the Administrator of this Agreement and shall have the authority to act for
the City under this Agreement. The Administrator or his /her authorized
representative shall represent the City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
B. City shall furnish to Contractor maps, ordinances, data, and other existing
information as may be requested by Contractor necessary for Contractor
to complete the work contemplated by this Agreement. City also agrees to
provide all such materials in a timely manner.
3. CONTRACTOR DUTIES
Contractor shall perform the services specifically described in, and in strict
compliance with the responsibilities and standard requirements described in the Scope
of Work (attached hereto as Exhibit A Invitation for Bid for Janitorial and Related
Services for Park and Beach Restroom Facilities) to be performed at the park and
beach restroom facility locations listed in Exhibit B attached ( "Contractors Proposal').
The Contract Services shall be performed at least as frequently as specified in the
Scope of Work and as proposed in the Contractor's Proposal. City shall have the right
to alter frequency of maintenance as necessary to ensure highest industry standards of
maintenance. Bid Unit Prices and Costs are contained in the Contractor's Proposal.
Both Exhibits are considered to be a part of, and are incorporated into, this Agreement.
4. WORKMANSHIP, SUPERVISION AND EQUIPMENT
A. The Contractor shall provide a work force sufficient to perform the
Contract Services and all members of the work force shall be legally
documented.
B. All Contract Services shall be performed by competent and experienced
employees.
C. The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the
specifications by directly overseeing the contract operations. All
supervisory personnel must be able to communicate effectively in English
(both orally and in writing). Any order given to supervisory personnel shall
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be deemed delivered to the Contractor. The supervisor assigned must be
identified by name to ensure coordination and continuity.
D. All Contractor personnel working at the outlined areas shall be neat in
appearance and in uniforms as approved by the General Services
Department when performing Contract Services. Contractor shall provide
said uniforms at it's own expense.
E. All work shall be performed in accordance with the highest maintenance
standards and in a manner consistent with the specifications outlined in
the attached Scope of Work (Exhibit A).
F. All vehicles and equipment used in conjunction with the work shall be in
good working order. Contractor shall be responsible for identifying it's
vehicles which shall clearly bear the identification of the Contractor. The
City shall provide magnetic labels to identify that the vehicles are serving
the City of Newport Beach. Said magnetic labels shall read "serving the
City of Newport Beach."
G. Contractor shall designate a Supervisor to communicate and coordinate
work with the Administrator and ensure satisfactory performance of
Contract Services. An area supervisor shall coordinate work crews on a
daily basis to ensure compliance with the terms of this Agreement.
5. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of Thirty -three thousand four hundred dollars
($33,400) per year. Contractor shall submit invoices to City on a monthly basis. City
shall pay invoices within thirty (30) days after receipt by the City. Payment shall be
deemed made when deposited in the United States mail, first class postage pre -paid,
and addressed to Contractor as specified in Section entitled "Notices".
6. 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.
7. MATERIALS
A. Contractor shall use only the standard materials as described in Section
XIII of Exhibit A in performing Contract Services. Any deviation from the
materials described in Section XIII of Exhibit A shall not be used unless
approved in advance by the Administrator.
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A. Contractor shall advise the Administrator of any damage to City equipment
or property immediately upon becoming aware of the damage.
B. Contractor shall repair, at its sole cost and expense, any damage to City
equipment or property caused by Contractor or it agents, employees,
representative, or officers.
C. Contractor shall remove graffiti from walls, surfaces, floors, sinks, urinals
and other surfaces at facilities listed in the Contractor's Proposal utilizing
the graffiti removal spray provided by the City. Any occurrence of graffiti
that can not be removed by the Contractor's staff with a reasonable
amount of effort, shall be reported by the Contractor to the Administrator.
9. EXAMINATION OF WORK SITES
City makes no representation regarding the order or condition of any area or
location for which Contractor is to provide services. City has also made no
representation that the site or location of work will be free from defects, apparent or
hidden, at the commencement of, or at any time during the term of the Agreement.
10. HOLD HARMLESS
A. Contractor assumes all risk in any way related to the performance of
Contract Services. Contractor agrees to indemnify, defend, save and hold
harmless City, its elected and appointed boards and commissions,
officers, agents, and employees from and against any loss, damages,
liability, claims, costs, expenses or damages, including, but not limited to,
bodily injury, death, personal injury, property damages, attorneys fees and
court costs arising from, or in any way related to, the performance of
Contract Services required by this Agreement, provided, however,
Contractor's obligation in this regard shall not apply in the event of the
sole negligence, fraud or willful misconduct by City, its officials, agents,
employees or representatives.
B. Contractor shall defend, indemnify and hold harmless City, its City
Council, boards and commissions, officers and employees from and
against any and all loss, damages, liability, claims, costs and expenses
whatsoever, including reasonable attorneys' fees, which may accrue to
any and all persons, or business entities furnishing or supplying work,
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services, materials, equipment or supplies to Contractor in the
performance of services under this Agreement.
C. In the event that Contractor and City are sued by a third party for damages
caused or allegedly caused by negligent or other wrongful conduct of
Contractor, or by a dangerous condition of City's property created by
Contractor or existing while the property was under the control of
Contractor, Contractor shall not be relieved of its obligation to defend,
indemnify, and hold City and its officers, employees and representative
harmless, by any settlement with any such third party unless that
settlement includes a full release and dismissal of all claims by the third
party against the City.
INSURANCE
A. In addition to Contractor's obligation to defend, indemnify, and hold City
harmless, Contractor shall obtain and maintain at its own expense during
the term of this Agreement, policy or policies of liability insurance of the
type and amounts described below and satisfactory to the City. Insurance
policies shall be signed by a person authorized by that insurer to bind
coverage on its behalf and must be filed with the City prior to performing
any Contract Services.
B. Prior to the commencement of work, Contractor shall provide to City
certificates of insurance from an insurance company certified to do
business in the State of California, with original endorsements. At the
option of City, Contractor shall provide copies of all policies, providing
coverage as required by this Agreement.
C. Contractor shall provide the following insurance, with Best's Class A -7 or
better carriers:
Worker's Compensation and Employers Liability insuring statutory
Workers' Compensation limits as required by the California Labor
Code and one million dollars ($1,000,000) per accident Employers'
Liability;
2. Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum
amount of one million dollars ($1,000,000) combined single limit per
occurrence for bodily injury, personal injury; and property damage.
If the policy contains a general aggregate limit, then the aggregate
limit shall not be less than two million dollars ($2,000,000);
3. Commercial auto liability and property insurance covering all owned
and rented vehicles of Contractor coverage Code 1 "any auto" with
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a minimum amount of one million dollars ($1,000,000) combined
single limit per accident for bodily injury and property damage;
D. Endorsements to the policies providing the above insurance shall be
obtained by Contractor, adding the following three provisions:
1. Additional Insured:
"The City of Newport Beach and its elected and appointed boards,
officers, agents, officials, employees, and volunteers as additional
insured."
2. Notice:
"The policy shall not terminate, nor shall it be canceled or the
coverage reduced, until thirty (30) days after written notice is given
to City."
3. Other Insurance:
"Any other insurance maintained by the City of Newport Beach shall
be excess and not contributing with the insurance provided by this
policy."
E. Contractor shall give to City prompt and timely notice of any claim made or
suit instituted arising out of Contractor's performance of this Agreement.
Contractor shall also procure and maintain, at its own cost and expense,
any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and performance of Contract Services.
F. Contractor agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general and automotive
liability insurance, that Contractor shall look solely to its insurance for
recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to
either Contractor or City with respect to the services of Contractor, a
waiver of any right of subrogation which any such insurer of Contractor
may acquire against City by virtue of the payment of any loss under
insurance.
12. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any
attempted or purported assignment without consent of City shall be null
and void. Contractor acknowledges that these provisions relative to
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assignments are commercially reasonable and that Contractor does
possess special skills, abilities, and personnel uniquely suited to the
performance of Contract Services and any assignment of this Agreement
to a third party, in whole or in part, could jeopardize the satisfactory
performance of Contract Services. Contractor may not employ any
subcontractors unless specifically authorized by City.
B. The sale, assignment, transfer, or other disposition of any of the issued
and outstanding capital stock of Contractor, of the interest of any general
partner or joint venture which shall result in changing the control of
Contractor, shall be construed as an assignment of this Agreement.
13. RECORDS /REPORTS
A. All Contractor's books and other business records, or such part as may be
used in the performance of this Agreement, shall be subject to inspection
and audit by any authorized City representative during regular business
hours.
B. 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.
C. 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.
D. 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.
14. INCREASE OR DECREASE IN SCOPE OF WORK
A. Contractor shall perform additional janitorial or related maintenance
services as requested by the Administrator. The Administrator may give
verbal authorization for additional services up to five hundred dollars
($500).
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B. City reserves the right to withdraw certain park or facility locations 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 location. In the event
a location is withdrawn from the scope of services, compensation to
Contractor shall be reduced in accordance with the bid unit costs specified
in Exhibit B. In the event the location is withdrawn for a period of less than
a full one (1) year term, Contractor's compensation shall be reduced on a
prorated basis.
15. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting whether any delay is excusable, or its
duration, or the value of the work done, or of any work omitted, or of any extra work
which Contractor may be required to do, or respecting any payment to Contractor during
the performance of the Agreement, such dispute shall be decided by the City Manager
and his decision shall be final and binding upon Contractor and his sureties.
16. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for any disposal fees or other expenses
unless authorized in writing by Administrator.
17. LABOR AND PERFORMANCE BONDS
Contractor shall furnish, concurrently with the effective date of this Agreement, a
bond or other instrument satisfactory to the Administrator in an amount equal to eight
thousand three hundred forty -nine dollars and ninety -nine cents ($8,349.99) as security
for the Faithful Performance of this Agreement.
18. LABOR
A. Contractor shall conform with all applicable provisions of State and
Federal law including, applicable provisions of California Labor Code, and
the Federal Fair Labor Standards Act.
B. Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this
Agreement, Contractor shall immediately give notice to City, including all
relevant information.
19. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate
against any subcontractor, consultant, employee or applicant for employment based on
race, religion, color, sex, handicap, national origin, or other basis that is violative of the
9
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federal or state constitution or federal or state law. Contractor's obligation not to
discriminate shall apply, but not be limited to, the following: employment, upgrading,
demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this project.
21. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeable be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeable financially affect such interest. The Contractor will provide a
completed disclosure form noting the above. Contractor will comply with
the Act and relevant City Resolutions.
B. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. The Contractor shall indemnify
and hold harmless the City for any claims for damages resulting from the
Contractor's violation of this Section.
22. NOTICES
All notice, demands, requests or approvals to be given under this Agreement
must be given in writing and will be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States mail, postage
prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
General Services Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658 -8915
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
A -1 Spinelli Enterprises
370 S. Lilac Court
Anaheim Hills, CA, 92808
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23. TERMINATION/DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor
violates any provisions of this Agreement, Contractor shall be deemed in
default. If such default is not cured within a period of two (2) working
days, or if more than two (2) working days are reasonable required to cure
the default and Contractor fails to give adequate assurance of due
performance within two (2) working days after Contractor receives written
notice of default from City, City may terminate the Agreement forthwith by
giving written notice. City may, in addition to the other remedies provided
in this or authorized by law, terminate this Agreement by giving written
notice of termination.
B. This Agreement may be terminated at anytime, without cause by City or
Contractor, upon thirty (30) days written notice. Upon termination, City
shall pay to Contractor that portion of compensation specified in the
Agreement that is earned and unpaid prior to the effective date of
termination.
C. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of
Contractor's compensation for Contract Services if, in the judgment of the
Administrator, the level of maintenance falls below the standard contract
requirements for janitorial services outlined in the Scope of Work (Exhibit
A) or Contractor fails to satisfactorily perform Contract Services. City shall
have the right to return funds withheld until the Administrator determines
that Contract Services are performed as well as frequently as required by
this Agreement.
24. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement, or for
damages by reason for an alleged breach of any provisions of this Agreement, the
parties agree that the court with jurisdiction over the action may determine and fix
reasonable attorneys' fees and expenses to be paid to the prevailing party.
25. COMPLIANCE
Contractor represents that it is familiar, and shall comply, with all state, federal,
or local laws, rules, ordinance, statutes or regulations applicable to the performance of
Contract Services.
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26. WAIVER
A waiver by City of any breach of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein whether of the same or a different
character.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
LaVonne Harkless, City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
A-1 Spinelli Enterprises
AP VED AS TO FORM: B
T
Robin L. Clauson,
Assistant City Attorney
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FAFebruary01\Counci1_A-1 Spinelli_Contract.doc
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CITY OF NEWPORT BEACH
FISCAL SERVICES - PURCHASING
(949) 644 -3065
INVITATION FOR BID
(NOT AN ORDER)
. For
JANITORIAL AND RELATED SERVICES
For
PARK & BEACH RESTROOM FACILITIES
Bid No. 2 -11
NOTICE IS HEREBY GIVEN that sealed bids will be received at the Purchasing
Office, City of Newport Beach, 592 Superior Avenue, Bldg. "H", Newport Beach,
California 92663 until 9:00 AM on Wednesday the 24'h day of January 2001. It shall
be the responsibility of the bidder to deliver his bid to the Purchasing Office by the
proper announced time. Bids shall be publicly opened and read aloud at 9 :00 AM,
or as soon thereafter as practicable on January 24, 2001, in the Purchasing Office
for furnishing of JANITORIAL AND RELATED SERVICES for the Park and
Beach Public Restroom Facilities located within the boundaries of the City of
Newport Beach.
Each bid shall specify each and every item as set forth in the specifications. Any and
all exceptions to the specifications shall be clearly stated in the submittal, and failure
to set forth any item in the specifications shall be grounds for rejection of the bid.
Bid packages will be made available to all interested parties who attend the
mandatory Pre -Bid Meeting and Job -Walk. To reserve your Bid package and a space
in the Pre -Bid meeting and Job -Walk, call the Purchasing Office at (949) 644 -3065
Indicate how many people from your firm will be attending. Seating may be limited
and without a reservation you may be denied the opportunity to continue in the
bidding process. You may also fax in your reservation to (949) 642 -7072_
NOTE: The Pre -Bid Meeting and Job -Walk is mandatory
In order to obtain your Bid package, you must attend both the Pre -Bid
Meeting and Job -Walk. Under no circumstances shall an alternative meeting
and job -walk be granted.
Dated: January 8, 2001
2 -bd -t 1
Attachment A "Scope of Work"
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Beach and Park Restroom Janitorial and Related Services
Bid No. 2 -11
I. INTENT
It is the intent of the City of Newport Beach to establish an annual contract to
provide weekend janitorial and related services as specified herein.
II. PROJECT LOCATION(s)
1 Newport Pier 6 38th Street 11 Ferry Landing 16 San Miguel Park
2 15th Street 7 Channel Park 12 Irvine Terrace 17 Port Carney
3 Balboa Pier 8 58th Street 13 CdM Main Beach 18 Port Westbourne
4 Washington St. 9 Orange Street 14 Buck Gully 19 Eastbluff Park
5 19th Street 10 Balboa Island 15 CYC Tennis Crts. 20 Bob Henry Park
III. PRE -BID MEETING AND JOB -WALK (MANDATORY)
A Mandatory Pre -Bid meeting and Job -Walk is required. All potential bidders must be in
attendance at the Pre -Bid Meeting and Job -Walk in order to obtain their Bid Package and
to continue in the bidding process. Under no circumstances shall an alternative meeting
and job -walk be granted. The Meeting will be held at 9:00 AM on Wednesday, January
10, 2001, in the "General Services Lunch Room" located on the first floor in Building
"A ", 592 Superior Ave., Newport Beach (cross St.- Industrial Way). The job sites shall be
visited after that
IV. RULES FOR BIDDING
A. Late bids shall not be accepted. It is the responsibility of the bidder to deliver bids by
the proper announced time and date. If a bidder chooses not to respond, but wishes to
remain on the City's bid list, the bidder must submit a "No Bid Response." This
document must be returned to the Purchasing Office no later than the announced bid
opening. Failure to return such response may result in the bidder's firm to be removed
from the City's bidder's list.
B. Bids shall be completed in its entirety on the City's Bid form. Incomplete bids shall
be rejected. A "No Bid" submittal is not considered incomplete, unless where
otherwise stated
C. Bid submittal shall include a signed and dated "Certificate. of Independent Price
Determination" for the Bid to be valid.
D. Bids shall be publicly opened and read on the date and time published in the bid
document.
E. The City of Newport Beach reserves the right to accept or reject any or all bids, or to
cancel in part or in its entirety this solicitation, or to waive any informality, technical
defect, or clerical error in the bid document. False, misleading, incomplete or
2
unresponsive statement§ in connection with the submittal • be deemed sufficient
cause for rejection. The City shall be the sole judge in making such determinations.
By participating in this solicitation, bidders agree to accept the decision of the
Purchasing Office as final. All opened bids received will be public record.
F. If any bidder contemplating submitting a bid is in doubt as to the meaning of any part
of the bid documents, or finds discrepancies in, or omissions from the specifications,
bidders may request from Purchasing, in writing, an interpretation or correction
thereof. The person submitting such a request shall be responsible for its prompt
delivery. All interpretations of the bid document shall be made by addenda only, duly
issued, and a copy of each such Addendum will be mailed or delivered to each bidder
receiving a bid document at the submitter's last address of record. The City shall not
be responsible for any other explanation or interpretation of the bid document.
Whenever a question as to the meaning of any portion of this document, the Senior
Buyer, Bill West, can be reached at: Phone (949) 644 -3065 Fax (949) 642 -7072.
G. Bidder shall submit one (1) original bid response, Attachment "A ", Pages 1 through 4
marked "Original" with original signatures, and one (1) complete copy of the bid
response, Attachment "A", Pages 1 through 4, both marked "Copy".
H. All prices and notations shall be in ink or typewritten. No erasures permitted.
Mistakes may be crossed out and corrected, and shall be initialed in ink by person
signing the bid. Bidders shall take all responsibility for any errors or omissions in
their bid. Any discrepancies in numbers or calculations shall be interpreted to reflect
the lowest price to the City of Newport Beach.
I. The City of Newport Beach reserves the right to postpone the date and time of the
opening of bids by announcing same at any time prior to the date and time announce
in this document.
J. In submitting the bid, the bidder acknowledges that the bidder has thoroughly and
carefully read and understands the bid document and attachments; agrees to furnish
the service at the prices, quantities and terms and conditions stated; and certifies that
the information contained in the bid is true and complete to the best of the bidder's
knowledge.
V. AWARD
A. Bids shall be reviewed by representatives of client City departments and one
representative of the Administrative Services department.
B It is the City's objective to obtain the best services at the lowest cost. One bidder shall
be awarded the contract for all aspects of this bid. The Following criteria shall be
used in determining the award:
1. Cost of Services 2. References 3. Experience providing comparable janitorial
service
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VI. GENERAL INFOATION •
A. Work included in these documents shall be performed on the site locations as
specified herein.
B. Each bidder shall visit the sites of the project to fully acquaint himself with the
conditions and difficulties attending the performance of the Contract. No additional
compensation nor relief from any obligation of the Contract shall be granted because
of lack of knowledge of the site or the conditions under which the work will be
accomplished.
C. There shall be a pre -bid meeting and job -walk as stated in Section III above.
D. The successful bidder must be in good standing with the City of Newport Beach. The
successful bidder shall obtain a City of Newport Beach Business License and all other
permits required under the laws governing the State of California, prior to
commencement of services and shall maintain them throughout the period of the
agreement.
E. The successful bidder shall execute and deliver to the Purchasing office all contract
documents as outlined in Attachments "B" and "C" prior to commencement of
services.
VII. TERMS AND CONDITIONS
A Contractor agrees to supply services shown, as needed by the City, at prices listed
upon purchase document.
B The Contract awarded shall be in effect for twelve (12) months. It may be renewed,
on an annual basis, by mutual agreement of both parties. The City does not have to
give reason if it elects not to renew.
C The City of Newport Beach reserves the right to cancel this price agreement without
cause with a thirty (30) day written notice, or with cause, immediately.
D. Percentage discounts shall remain the same for the period of the price agreement.
E. No price increases will be permitted during the first price agreement year. All
decreases will be automatically extended to the City. Requests for price increases in
the second, third, Etc. price agreement year will require thirty day written notice to
Purchasing Division and include bona fide proof of cost increases. The net dollar
amount of profit will remain firm during the period of contract. Adjustments
increasing contractor's profit will not be allowed.
F. The City of Newport Beach reserves the right to accept, negotiate or refuse the
increase request, rebid the price agreement, or take any other action it deems
appropriate in lieu of granting price agreement price increases.
G. In the event of contractor's default, the City of Newport Beach may procure from
other sources and hold the original bidder liable for any resulting increased costs.
4
H. Contractor agrees that there is a change in ownership p• to completion of this
price agreement, the new owners will be required under terms of sale to assume this
price agreement and complete it to the satisfaction of the City.
I. Conflict of Interest: Contractor shall exercise reasonable care and diligence to prevent
any actions or conditions that could result in a conflict with the best interest of the
City.
J. This obligation shall apply to contractor's employees, agents, relatives, subtier
contractor's and third parties associated with accomplishing the work hereunder.
K. Contractor's efforts shall include, but not be limited to, establishing precautions to
prevent its employees or agents from making, receiving, providing, or offering gifts,
entertainment, payments, loans, or other considerations which could be deemed to
appear to influence individuals to act contrary to the best interest of the City.
L. Contractor warrants that he has no blood or marriage relationship, and that he is not in
any way associated with any City officer or employee, or any architect, engineer, or
other puerperal of the specifications for this project. Contractor further warrants that
no person in his/her employ has been employed by the City within one year of the date
of this solicitation.
M. Any correspondence referring to the terms, prices and conditions of this price
agreement must be directed to the Purchasing Division to the attention of the Senior
Buyer. For further information, contact the Senior Buyer, (949) 644 -3065, between
the hours of 7:30 a.m. and 4:30 p.m., Monday through Friday. Under no
circumstances shall the contractor contact the using department without first clearing
through the senior buyer.
N. Contractor's books, records, and plans or such part thereof as may be engaged in the
performance of this contract, shall at all reasonable times be subject to inspection and
audit by any authorized representative of the City.
O. This price agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City of Newport Beach's City Council for each
fiscal year during the term of this price agreement. If such appropriations are not
forthcoming, the price agreement will be terminated without penalty to the City.
P. This price agreement shall be construed and interpreted according to the laws of the
Sate of California.
Q. Any changes beyond this document shall occur only when ordered in writing by the
City of Newport Beach Purchasing Division. In absence of such written order, any
such product supplied or work done shall be considered unauthorized and will not be
R. As applicable, all items furnished on this price agreement shall meet or exceed the
standards established by the California Occupational Safety and Health Act of 1973
5
and current amendment§ thereto, provided the end use of the item is for the purpose
for which the item was intended.
S. Contractor shall comply with all air pollution control, water pollution, Safety and
Health Ordinances and statues which apply to the work performed or supplies
provided pursuant to this contract, including but not limited to, any requirements
specified in state government codes.
T. Contractor is, for all purposes arising out of this contract, an independent contractor
and shall not be deemed an employee of the City of Newport Beach, It is expressly
understood and agreed that the successful bidder shall in no event, as a result of this
price agreement, be entitled to any benefits to which City employees are entitled
including, but not limited to, overtime, any retirement benefits, worker's
compensation benefits, and injury leave or other leave benefits.
U. Assignment or Subcontracting: No performance of this agreement or any portion
thereof may be assigned or subcontracted by the contractor without the express written
consent of the City. Any attempt by the contractor to assign or subcontract any
performance of this agreement without the express written consent of the City shall be
invalid and shall constitute a breach of this agreement. Whenever the contractor is
authorized to subcontract or assign, the terms shall incorporate by reference and not
conflict with this agreement.
V. The contractor warrants that all persons employed have satisfactory past records
indicating their ability to accept the kind of responsibility anticipated in this type of
work. All employees shall be required to wear uniforms, badges or other means of
identification which are to be furnished by the contractor and must be worn at all
times while working on City property.
W. Whenever the contractor's operations create a condition hazardous to traffic or to the
public, he shall furnish, erect and maintain at his expense and without cost to the City
of Newport Beach, flagman and/or control devices as are necessary to prevent
accidents or damage or injury to the public. Signs, lights, flags, and other warning and
safety devices shall conform to the requirements set forth in the current 1976 Second
Edition of Work Area Traffic Control Handbook, published by Building News, Inc.,
on behalf of the City of Los Angeles.
X. The City of Newport Beach's terms and conditions shall take precedence over other
terms and conditions.
VIII. INDEMNIFICATION
A. Contractor shall protect and indemnify the City, the City Council, and all of its or their
officers, agents and servants against any claim or liability arising from or based on
bidder's violation of any existing or future State, Federal, and local laws, ordinances,
regulations, orders or decrees pertaining to bidders submittal.
6
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B. All work covered by this price agreement done at the site of maintenance or in
preparing or delivering materials to the site shall be at the risk of contractor alone.
Contractor agrees to protect, defend, indemnify, save and hold harmless City and its
elected and appointed boards, officers, agents, and employees from any and all claims,
liabilities, expenses, or damages of any nature, including attorney fees. for injury to or
death of any person (contractor's employees, included), and for injury to any property,
including consequential damages of any nature resulting therefrom, arising out of or in
any way connected with the performance of this price agreement, except that the
indemnity obligation of contractor shall be reduced by an amount proportional to the
active negligence of City, if any.
C. Contractor shall comply with all of the provisions of the Workers' Compensation
insurance laws and Safety in Employment laws of the State of California , including
the applicable provisions of Divisions 4 and 5 of the California Labor Code and al
amendments thereto and regulations promulgated pursuant thereto, and all similar
State, Federal or Local Laws applicable; and contractor shall indemnify and hold
harmless City from and against all claims, liabilities, expenses, damages, sits, actions,
proceedings and judgments, or every nature and description including attorney fees,
that may be presented, brought or recovered against City or on account of any liability
under or failure to comply with any of said laws which may be incurred by reason of
any work performed under this price agreement by contractor or any subcontractor or
others performing on behalf of contractor.
D. City does not, and shall not, waive any rights against contractor which it may have by
reason of the above hold harmless agreements, because of the acceptance by City or
the deposit with City by contractor of any or all of the required insurance policies.
E. The hold harmless agreements by contractor shall apply to all liabilities, expenses,
claims, and damages of every kind (including but not limited to attorney fees) incurred
or alleged to have been incurred, by reason of the operations of contractor or any
subcontractor or others performing on behalf of contractor, whether or not such
insurance policies are applicable.
F. Contractor shall require any and all subcontractors to afford the same degree of
indemnification to the City of Newport Beach and its elected and appointed boards,
officers, agents, and employees that is required of contractor and shall incorporate
identical indemnity provisions in all contracts between contractor and his
subcontractors.
G. In the event that contractor and City are sued by a third party for damages caused or
allegedly caused by negligent or other wrongful conduct of contractor, or by a
dangerous condition of City's Property created by contractor or existing while the
property was under the control of contractor, contractor shall not a relieved of its
indemnity obligation to City by any settlement with any such third party unless that
settlement includes a full release and dismissal of all claims by the third party against
the City.
IX. Insurance Oee Attachments `B" and "C" •
Contractor shall not commence work under this price agreement until he has obtained all
insurance required under this section and the insurance has been approved by City as to
form, amount, and carrier, nor shall contractor allow any subcontractor to commence any
work until all similar insurance required of the subcontractor has been obtained and
approved.
Neither the failure of contractor to supply insurance policies and coverage, nor the failure
of City to approve same shall alter or invalidate the provisions of this price agreement.
Proof of Insurance:
Prior to award of the price agreement, contractor shall furnish City proof of compliance
with the above insurance requirements in a form satisfactory to the City Attorney or Risk
Management. See Attachments `B" and "C"
X. LABOR AND PERFORMANCE BONDS See Attachment `B ".
Contractor shall furnish a performance bond or a certified check equal to three (3)
month's contract charges within five (5) days after notification of proposed contract
award. The performance bond or certified check will be required throughout the contract
period. Both the Surety and Surety Forms must be satisfactory to the City. Such sureties
must be authorized to issue bonds in California; sureties must be listed on the latest
revision to the U.S. Department of the Treasury Circular 570; and must be shown to have
sufficient bonding capacity to provide the bonds required by the contract documents. The
rights and remedies available to City pursuant to this paragraph shall be cumulative with
all rights and remedies available to City pursuant to statutory and common law. All rights
and remedies are expressly reserved, and neither the furnishing of the Bonds, nor
acceptance by City, shall constitute a waiver of any other rights or remedies available to
City against Contractor.
XI. SPECIFICATIONS - GENERAL
A. Proof of performance and adherence to specifications shall be upon the bidder.
Support such as restroom cleaning logs, or other pertinent information shall be
supplied by the vendor at no cost to the City. The City shall be the sole judge as to the
adequacy of supporting documentation.
B. As part of the submittal, bidder shall submit references of similar sized jobs and
requirements. Each reference shall include the name of the firm/agency, address,
contact person(s), and telephone number(s). References shall not be within the
bidder's own organization or subsidiary. The City of Newport Beach reserves the
right to contact the references.
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XII. CONTRACT SPOIFICATIONS •
A. The intention of the specifications is to define and control the quality of janitorial service.
B. Proof of performance and adherence to specifications shall be upon the Contractor. Support such as
test results, technical data, or other pertinent information shall be supplied by the Contractor at no
cost to the City
C. If any product used by the Contractor contains any material which is listed on California's OSHA
Director's list as hazardous, the Contractor shall provide a material safety data sheet (MSDS) (OSHA
form 20), referencing the City of Newport Beach purchase order number, to City of Newport Beach,
Attn: Senior Buyer, Purchasing, 3300 Newport Boulevard, Newport Beach, CA 92663 -3884.
D. The Contractor shall be responsible for, but not limited to, the following:
1. Adherence to schedules
2. Training of new personnel
3. Maintenance or replacement of cleaning equipment
4. Notifying City of any personnel changes
E. The Contractor warrants that all persons employed have satisfactory past records indicating their
ability to accept the kind of responsibility anticipated in this type of work. Upon receipt of notice of
award from the City of Newport Beach Senior Buyer, the Contractor must supply a list of the
personnel who will perform the work and a completed information form for each individual, within
fifteen (15) working days (see Attachment "D ").
F. The Contractor's employees shall not remove any items from the job sites except that which has been
specifically authorized by the City of Newport Beach in writing.
G. The Contractor shall provide qualified English speaking supervision in all areas of operations. The
supervision shall work with City of Newport Beach personnel in planning and scheduling work for
completion of tasks.
H. A schedule defining the weekend tasks will be provided to the Contractor after the contract is
awarded. Failure to perform these scheduled tasks may result in termination of the contract.
I. The City of Newport Beach Building Maintenance Division staff will be responsible for
administering this contract. This staff will inspect and approve each phase of the job for compliance
to the specifications prior to payment. Questions may be directed to the Facilities Maintenance
Supervisor, Charles Coakley at (949) 644 -3068 or the Facilities Maintenance Crew Chief, Rick Scott
at (949) 718 -3469.
J. All work determined by the Building Maintenance staff to be defective or deficient in any of the
requirements of the specifications shall be remedied by the Contractor at expense and in a manner
acceptable to the City of Newport Beach.
K. The City of Newport Beach shall provide toilet paper, paper towels, toilet seat covers, sanitary
napkins and disposable bags, and hand soap. The Contractor shall provide, and not be limited
to, trash liners, cleaning rags, and all other cleaning equipment.
Any unauthorized usage of City supply items by the Contractor will be grounds for immediate
termination of the contract.
XIII. ADDITIONAL ANDARD CONTRACT REQIEMENTS
FOR
JANITORIAL SERVICES CONTRACT
A. GENERAL
Performance Standards:
The contract specifications define the minimum level of service and frequency
deemed acceptable. It is intended that the Contractor will schedule its operations to
meet or exceed these requirements. It is further intended that the Contractor shall put
forth a level of effort to provide a thorough cleaning of the facilities.
Deficient Performance:
City reserves the right to deduct from the payments due or to become due to the
contractor for deficient performance. The amount of such deductions will be based on
the extent of the unsatisfactory work. A copy of the inspection record with associated
deduction calculation will be furnished to the Contractor.
Changes
Changes in the areas serviced and/or specifications may be necessary during the term
of this contract. Changes in the contract requirements and corresponding changes in
compensation may be implemented upon mutual agreement of the City and the
contractor. All such changes will be processed through the senior buyer.
B. Security
Keys.
City of Newport Beach will issue such keys as necessary for access to the storage
areas. Contractor shall assume full responsibility for theft or loss of said keys and
shall pay for rekeying all locks operated by these keys. Keys shall not be duplicated.
Security Gates:
Some work areas may be accessed by entrance gates (or other such security restraints).
The City will issue the access code(s) to the Contractor. Thereafter, all costs for
changing the access code due to changes in personnel or required substitution of
contracts shall be paid by the Contractor and may be deducted from payments due or
to become due to the Contractor. Furthermore, any alarms originating from the
Contractor's operations shall also be paid by the Contractor and may be deducted from
payments due or to become due to the Contractor.
10
Facility Security: •
0
Contractor shall lock storage doors upon completion of cleaning each facility. At no
time shall the Contractor or its employees enter other areas of the facility not
specifically included in this contract for janitorial services. The Contractor shall close
all entrance gates (or other such security restraints) when leaving the facilities. .
Damage:
Contractor shall immediately report all conditions and occurrences out or the norm to
the City of Newport Beach Police Department to include broken windows, vandalism,
and/or other facility damage.
C. Contractor's Responsibilities
Employees:
1. Background/Security: All personnel engaged in performance of this work shall be
employees of the Contractor and as such shall be warranted to possess sufficient
experience and security records to perform this work. Contractor shall research the
employment and police records of each employee and shall maintain a copy of that
research.
2. Health: All personnel shall be in good health and free of contagious diseases.
Contractor shall not allow any person(s) under the influence of alcohol or drugs on
the premises or in the building(s). Neither shall the Contractor allow the use or
presence of alcohol or drugs on the premises or in the buildings.
3. Identification: All personnel shall wear uniforms, furnished by the Contractor, at
all rimes during the performance of this work. The Contractor shall and/or its area
supervisor may wear badges in lieu of uniforms.
4. Conduct: No person(s) shall be employed for this work who is found to be
incompetent, disorderly, troublesome, under the influence of alcohol or drugs, who
fails or otherwise refuses to perform the work properly and acceptably, or is
otherwise objectionable. Any person found to be objectionable shall be discharged
immediately and not reemployed on this work.
5. Supervision: Contractor shall provide a supervisor or foreman who shall be
available at all times during contract operations, and who. shall be responsible for
both conduct and workmanship. The said supervisor or foreman shall be able to
communicate effectively in both written and oral English.
6. Training: Contractor shall have an ongoing training program for all its staff.
Contractor shall provide only personnel that have been fully trained for
performance of this work. Supervisors shall have been trained in supervision as
well as technical training in janitorial services.
7. Nondiscrimination: The Contractor shall not engage in discrimination in
employment of persons because of race, color, national origin, ancestry, sex, or
religion of such persons. Violations of this provision may result in the imposition
of penalties under the Labor Code Section 1735.
11
Protection and Restoration* •
The Contractor shall protect all furnishings and improvements from damage by its
operations. All damage shall be repaired or replaced, at the option of the City, at the
Contractor's expense within a reasonable time after notification of such damage. Repairs
and/or replacements shall be equal to original in all aspects.
Restrictions:
General: Contractor's personnel shall not disturb nor shall they tamper with any
personal or City property.
D. Contractor Responsibilities
Service Levels:
The Contractor shall provide full service during all of the hours designated for the
performance of this work and shall provide suitable substitutes if the regular staff is
unavailable.
Uniforms:
The Contractor shall provide and all personnel shall wear a uniform at all times during
performance of this work. The uniform may range from a T -shirt with the company
name/logo to a regular matching shirt/pants uniform, but identify the individual and
the company.
Communications:
The Contractor shall furnish and maintain a pager system such that the Supervisor can
and shall respond immediately to notification by the Facilities Maintenance Supervisor
or Crew Chief. Any work performed by the Contractor, which creates a safety hazard,
will be corrected within four (4) hours of notification
D. Materials
Quality of Cleaning Materials /Supplies:
All cleaning supplies, materials, and tools used in the performance of this contract
shall be of good commercial quality, suitable for the purposes intended, and shall
provide results necessary to provide the high standards of cleanliness required under
this contract. All cleaning processes used shall meet high standards of safety and
effectiveness for commercial applications in high traffic areas and shall not damage
the facilities being cleaned. The City shall have the right to prohibit the use of any
process, material, supply or tool which may damage City property or which may be a
risk to employees, the public, or others using City facilities.
12
The following produc*eet the minimum standards estabited for performance of
this work. Specific product names have been used to represent an acceptable product
in each category. Contractor may utilize products of its choice, which are equal to
those stated.
1. All- purpose cleaner (with a germicidal disinfectant):
Fast Act Or Equal
2. Toilet & Urinal Cleaner/Disinfectant:
Comet Cleanser...... Or Equal
3. Drinking Fountain Cleaner/Disinfectant:
Comet Cleanser...... Or Equal
4. Stainless Steel CIeaner
AM Lemon Oil
Note: The Contractor shall post copies of MSDS (Material Safety Data Sheets) for
all chemicals used in each custodial closet in compliance with OSHA's Hazard
Communications Standard 29 CFR 1910.1200. This shall include labeling the
contents of all secondary type plastic bottles or containers.
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The City of Newport Beach is inviting bids on the following, per City specifications:
The undersigned bidder, in compliance with the invitation for bid for the above
mentioned project, proposes to furnish all supervision, transportation, equipment,
materials (City will provide all paper products & liquid hand soap) and labor to perform
the services for the project in accordance with the Bid documents.
A. Restroom Cleaning — Friday & Saturday Nights (52 Full Weekends)
(Between 10:00 PM and 7:00 AM)
1. Newport Pier
+ Shower
11. Ferry Landing
2. 15'h Street
+ Shower
12. Irvine Terrace
3. Balboa Pier
+ Shower
13. CdM Main Beach + Shower (2- Sites)
4. Washington Street
14. Buck Gully
5. 19`h Street
+ Shower
15. CYC Tennis Courts
6.38`h Street
16. San Miguel Park
7. Channel Park
17. Port Carney
8.58' Street
18. Port Westboume
9. Orange Street
+ Shower
19. Eastbluff Park
10. Balboa Island
20. Bob Henry Park
B. Restroom Cleaning — Saturday & Sunday Daytime
(Between 11:00 AM and 2:00 PM)
1. Newport Pier
+ Shower
8.58" Street
2. 15'h Street
+ Shower
9. Orange Street + Shower
3. Balboa Pier
+ Shower
10. Balboa Island
4. Washington Street
11. Ferry Landing
5. 19", Street
+ Shower
13. CdM Main Beach + Shower (2 Sites)
6.38" Street
14. Buck Gully
14
XIV- SPECIFICATIONS - JANITORIAL AND RELATED SERVICES
SPECIFICATONS- JANITORIAL AND RELATED SERVICES
CLEANING SERVICE REQUIREMENTS
PARK AND BEACH PUBLIC RESTROOMS -CITY OF NEWPORT BEACH, CALIF.
THE FOLLOWING FACILITIES CONSTITUTE THE SAID ABOVE PUBLIC
RESTROOM SITES:
I) NEWPORT PIER SHOWER AND RESTROOM FACILITY
2) 15TH STREET SHOWER AND RESTROOM FACLITIY
3) BALBOA PIER SHOWER AND RESTROOM FACILITY
4) WASHINGTON STREET RESTROOM FACILITY
5) 19TH STREET SHOWER AND RESTROOM FACILITY
6) 38TH STREET PARK RESTROOM FACILITY
7) CHANNEL PARK RESTROOM FACILITY
8) 58TH STREET RESTROOM FACILITY
9) ORANGE STREET SHOWER AND RESTROOM FACILITY
10) BALBOA ISLAND RESTROOM FACILITIY
11) FERRY LANDING RESTROOM FACILTY
12) IRVINE TERRACE PARK RESTROOM FACILITY
13) CORONA DEL MAR MAIN BEACH SHOWER AND RESTROOM FACILITIES
14) BUCK GULLY RESTROOM FACILITY
15) CYC TENNIS COURTS RESTROOM FACILITY
16) SAN MIGUEL PARK RESTROOM FACILITY
17) PORT CARNEY RESTROOM FACILITY
18) PORT WESTBOURNE RESTROOM FACILITY
19) EASTBLUFF PARK RESTROOM FACILITY
20) BOB HENRY PARK RESTROOM FACILITY
ALL OF THE ABOVE PUBLIC RESTROOM SITES SHALL BE CLEANED
NIGHTLY ON FRIDAY AND SATURDAY NIGHTS BETWEEN THE HOURS OF
10:00 P.M. AND 7:00 A.M. EACH SITE WILL BE CLEANED AND SERVICED
BEFORE 7:00 A.M. FOR THE PUBLIC'S USE. THIS CONTRACT IS FOR ALL
WEEKEND NIGHTS 365 DAYS PER CALENDAR YEAR (52 FULL WEEKENDS).
15
9 0
XIV. SPECIFICATIONS - JANITORIAL AND RELATED SERVICES
THE FOLLOWING RESTROOM SITES WILL NEED A SECOND DAY TIME
CLEANING AND SERVICING: 1) NEWPORT PIER SHOWER AND RESTROOM
FACILITY; 2) 15TH STREET SHOWER AND RESTROOM FACILITY; 3) BALBOA
PIER SHOWER AND RESTROOM FACILITY; 4) WASHINGTON STREET
RESTROOM FACILITY; 5) 19TH STREET SHOWER AND RESTROOM FACILITY;
6) 38TH STREET PARK RESTROOM FACILITY; T) 58TH STREET RESTROOM
FACILITY; 8) ORANGE STREET SHOWER AND RESTROOM FACILITY; 9)
BALBOA ISLAND RESTROOM FACILITY; 10) FERRY LANDING RESTROOM
FACILITY; 11) BUCK GULLY RESTROOM FACILITY; W CORONA DEL MAR
SHOWER AND RESTROOM FACILITIES. THIS DAYTIME CLEANING AND
SERVICING SHALL BE PERFORMED BETWEEN THE HOURS OF 11:00 A.M.
AND 2:00 P.M. ON BOTH SATURDAY AND SUNDAY.
THE CITY OF NEWPORT BEACH WILL FURNISH ALL THE PAPER PRODUCTS
THAT WILL BE STOCKED IN EACH OF THE RESTROOMS. THIS WILL
INCLUDE TWIN SAVER TOILET PAPER, C -FOLD PAPER TOWELS, AND
LIQUID HAND SOAP. THE CONTRACTOR WILL NOT BE RESPONSIBLE FOR
ANY PAPER PRODUCTS.
THE FOLLOWING, ARE THE FACILITIES TO BE CLEANED BY THE
CONTRACTOR:
l) NEWPORT PIER RESTROOM AND SHOWER AREAS (TOTAL OF 3
SHOWER AREAS -1) WEST END OF NEWPORT PIER PARKING LOT, BY
LIFEGUARD TOWER #24; 2) WEST SIDE OF DORY FISHING FLEET; 3) IN
COMMON AREA NEXT TO LIFEGUARD ACCESS ROAD AT 20TH STREET).
THIS RESTROOM FACILITY IS CONSISTED OF 4 QUADRANTS, 2 WOMEN'S
RESTROOMS AND 2 MEN'S RESTROOMS.
10 TOILETS - WOMEN'S 6 TOILETS -MEN'S 4- URINALS
4 LAVATORIES- WOMEN'S 4 LAVATORIES -MEN'S
10 TWN SAVR T. PAPER DISPS. 6 TWN SAVR T. PAPER DISPS.
2 OUTSIDE TWIN TEERED DRINKING FOUNTAINS
1) ALL FLOOR AREAS IN THE FOUR QUADRANTS WILL BE SWEPT
AND CLEANED OF ALL DEBRIS. THE FLOOR WILL BE MOPPED
WITH A DISINFECTANT CLEANER. ALL OUTSIDE ENTRANCES
WILL BE SWEPT AND CLEANED OF ANY TRASH.
2) ALL TOILETS, URINALS, AND LAVATORIES WILL BE CLEANED
AND DISINFECTED. ALL FIXTURES WILL BE WIPED DOWN AND
DRIED.
3) THE TWO DRINKING FOUNTAINS WILL BE CLEANED,
DISINFECTED, AND TOWEL DRIED.
4) ALL TWIN SAVER TOILET PAPER DISPENSERS WILL BE CHECKED
AND REFILLED, IF NECESSARY, ON EACH VISIT TO THE
RESTROOM. THE TOPS OF EACH DISPENSER WILL BE WIPED
CLEAN. THE PAPER IS STORED IN THE PIPECHASE AREA.
16
• •
XIV. SPECIFICATIONS - JANITORIAL AND RELATED SERVICES
5) ALL 3 SHOWER AREAS WILL BE SWEPT OF ALL SAND AND BE
HOSED DOWN AFTER THE SWEEPING.
2) 1517 STREET RESTROOM AND SHOWER AREA (LOCATED BETWEEN
THE OCEAN AND RESTROOM). THIS RESTROOM FACILITY CONSISTS OF
ONE WOMEN'S AREA AND ONE MEN'S AREA.
10 TOILETS - WOMEN'S 4 TOILETS -MEN'S I URINAL
4 LAVATORIES - WOMEN'S
10 TWN SAVR. T. PAPER DISPS.
2 C -FOLD TOWEL DISPS
4 LAVATORIES -MEN'S
4 TWN SAVR T. PAPER DISPS
2 C -FOLD TOWEL DISPS.
1) ALL FLOOR AREAS INSIDE MEN'S AND WOMEN'S RESTROOMS
WILL BE SWEPT CLEAN OF ALL DEBRIS. THE FLOOR WILL BE
MOPPED WITH A DISINFECTANT CLEANER. ALL OUTSIDE RAMPS
AND WALKWAYS WILL BE SWEPT AND HOSED DOWN.
2) ALL TOILETS, URINALS, AND LAVATORIES WILL BE CLEANED
AND DISINFECTED. ALL THE FIXTURES WILL BE WIPED DOWN
AND DRIED.
3) ALL TWIN SAVER AND C -FOLD PAPER DISPENSERS WILL BE
CHECKED AND REFILLED, IF NECESSARY, ON EACH VISIT TO THE
RESTROOM. THE TOPS OF EACH DISPENSER WILL BE WIPED
CLEAN. THE PAPER IS STORED IN THE PIPECHASE AREA.
4) THE SHOWER AREAS THAT ARE LOCATED NEAR THE OCEAN
WILL BE SWEPT OF ALL SAND AND BE HOSED DOWN AFTER THE
SWEEPING.
3) BALBOA PIER RESTROOM, PATIO, AND SHOWER AREAS. THIS
RESTROOM FACILITY CONSISTS OF A WOMEN'S AREA, A MEN'S TOILET
AREA, A MEN'S URINAL ROOM, AND A HANDICAP AREA.
5 TOILETS - WOMEN'S 3 TOILETS -MEN'S 2 URINALS
1 TOILET - HANDICAP
2 UNISEX LAVATORIES
I LAVATORY - HANDICAP ROOM
6 TWN SAVR DISPS
2 DRINKING FOUNTAINS
2 LAVATORIES - URINAL ROOM
3 TWN SAVR DISPS
1) ALL FLOOR AREAS, WHICH INCLUDE THE RESTROOM, PATIO,
AND SHOWER AREAS, WILL BE SWEPT AND HOSED OF ALL SAND
AND DEBRIS.
2) ALL TOILETS, URINALS, AND LAVATORIES WILL BE CLEANED
AND DISINFECTED. THEY WILL BE WIPED DOWN AND DRIED.
3) THE 2 DRINKING FOUNTAINS WILL BE CLEANED, DISINFECTED,
AND TOWEL DRIED.
4) ALL TWIN SAVER TOILET PAPER DISPENSERS WILL BE CHECKED
AND REFILLED, IF NECESSARY, ON EACH VISIT TO THE
17
0
0
XIV. SPECIFICATIONS - JANITORIAL AND RELATED SERVICES
RESTROOM. THE TOPS OF EACH DISPENSER WILL BE WIPED
CLEAN. THE PAPER IS STORED IN THE PIPECHASE AREA.
4) WASHINGTON STREET RESTROOM FACILITY. THIS RESTROOM
CONSISTS OF ONE MEN'S RESTROOM AND ONE WOMEN'S RESTROOM.
3 TOILETS - WOMEN'S 2 TOILETS -MEN'S 1 URINAL
I LAVATORY - WOMEN'S I LAVATORY -MEN'S
3 TWN SAVR 1 C -FOLD DISP. 2 TWN SAVR I C -FOLD DISP.
I TWIN TEERED DRINKING FOUNTAIN
1 LIQUID SOAP DISPENSER - WOMEN'S I LIQ. SOAP DISP.-MEN'S
1) ALL FLOOR AREAS IN BOTH RESTROOMS WILL BE SWEPT AND
MOPPED WITH DISINFECTANT CLEANER. ALL OUTSIDE
ENTRANCES WILL BE SWEPT AND CLEANED OF DEBRIS.
2) ALL TOILETS, URINALS, LAVATORIES WILL BE CLEANED AND
DISINFECTED. THEY WILL BE WIPED DOWN AND DRIED.
3) THE DRINKING FOUNTAIN WILL CLEANED, DISINFECTED, AND
WIPED DOWN.
4) ALL TWIN SAVER AND C -FOLD DISPENSERS WILL BE CHECKED
AND REFILLED, IF NECESSARY, ON EACH VISIT TO THE FACILITY.
BOTH SOAP DISPENSERS WILL BE REFILLED, IF NECESSARY. THE
TOPS OF THE DISPENSERS WILL BE WIPED CLEAN. THE PAPER
AND LIQUID SOAP IS STORED IN THE PIPECHASE AREA.
5) 19TH STREET RESTROOM AND SHOWER AREAS (LOCATED NEXT TO
RESTROOM AND DOWN ON THE BEACH AT 18TH STREET). THIS
RESTROOM FACILITY CONSISTS OF ONE WOMEN'S AREA AND ONE
2 TOILETS - WOMEN'S 1 TOILET -MEN'S 1 URINAL
1 LAVATORY - WOMEN'S 1 LAVATORY -MEN'S
2 TWN SAVR I C -FOLD DISP. 1 TWN SAVR DISP.
1 LIQUID SOAP DISP. - WOMEN'S
1 TWIN TEERED DRINKING FOUNTAIN
1) ALL FLOOR AREAS WILL BE SWEPT OF DEBRIS AND MOPPED
WITH A DISINFECTANT CLEANER. ALL OUTSIDE ENTRANCES
WILL BE SWEPT CLEAN OF SAND AND DEBRIS.
2) ALL TOILETS, URINALS, AND LAVATORIES WILL BE CLEANED
AND DISINFECTED. THEY WILL ALL BE WIPED DOWN AND DRIED.
3) THE DRINKING FOUNTAIN WILL BE CLEANED, DISINFECTED, AND
TOWEL DRIED.
4) ALL TWIN SAVER AND C -FOLD DISPENSERS WILL CHECKED AND
REFILLED, IF NECESSARY, ON EACH VISIT TO THE RESTROOM.
THE TOPS OF THE DISPENSERS WILL BE WIPED CLEAN. THE
LIQUID SOAP DISPENSER IN THE WOMEN'S RESTROOM WILL BE
REFILLED ON EACH VISIT. THE PAPER IS STORED IN THE
OUTSIDE STORAGE AREA.
18
XIV. SPECIFICATIONS - JANITORIAL AND RELATED SERVICES
5) THE TWO SHOWER AREAS WILL BE SWEPT OF ALL SAND AND BE
HOSED DOWN AFTER SWEEPING.
6) 38' STREET PARK RESTROOM FACILITY (1 MEN'S AND I WOMEN'S)
2 TOILETS - WOMEN'S
I TOILET -MEN'S I URINAL
1 LAVATORY- WOMEN'S 1 LAVATORY -MEN'S
2 TWN SAVR DISPS - WOMEN'S I TWN SAVR DISP -MEN'S
1 OUTSIDE TWIN TEERED DRINKING FOUNTAIN
1) ALL FLOOR AREAS WILL BE SWEPT AND HOSED DOWN WITH A
DISINFECTANT CLEANER ALL OUTSIDE PATIO AREAS WILL BE
HOSED DOWN.
2) ALL TOILETS, URINALS, AND LAVATORIES WILL BE CLEANED
AND DISINFECTED. THEY WILL BE WIPED DOWN AND DRIED.
3) THE DRINKING FOUNTAIN WILL BE CLEANED, DISINFECTED, AND
TOWEL DRIED.
4) ALL TWIN SAVER TOILET PAPER DISPENSERS WILL BE CHECKED
AND REFILLED, IF NECESSARY, ON EACH VISIT. THE PAPER IS
STORED IN THE PIPECHASE AREA.
7) CHANNEL PARK RESTROOM FACILITY. THIS SITE CONSISTS OF ONE
MEN'S RESTROOM AND ONE WOMEN'S RESTROOM.
5 TOILETS - WOMEN'S 3 TOILETS -MEN'S 1 URINAL
2 LAVATORIES - WOMEN'S 2 LAVATORIES -MEN'S
5 TWN SAVR DISPS - WOMEN'S 3 TWN SAVR DISPS. -MEN'S
1) ALL FLOOR AREAS, OUTSIDE ENTRANCES, AND WALKWAYS
WILL BE SWEPT AND HOSED OF ANY DEBRIS.
2) ALL TOILETS, URINALS, AND LAVATORIES WILL BE CLEANED
AND DISINFECTED. THEY WILL BE WIPED DOWN AND DRIED.
3) ALL TWIN SAVER DISPENSERS WILL BE CHECKED AND REFILLED
AT EACH VISIT. THE TOPS OF THE DISPENSERS WILL BE WIPED
CLEAN. THE PAPER IS STORED IN THE PIPECHASE AREA.
8) 58TH STREET RESTROOM FACILITY. THIS SITE CONSISTS OF ONE
WOMEN'S RESTROOM AND ONE MEN'S RESTROOM.
5 TOILETS - WOMEN'S 3 TOILETS -MEN'S 1 URINAL
2 LAVATORIES- WOMEN'S 2 LAVATORIES -MEN'S
5 TWN SAVR DISPS. - WOMEN'S 3 TWN SAVR. DISPS. -MEN'S
I OUTSIDE DRINKING FOUNTAIN
1) ALL FLOOR AREAS, OUTSIDE ENTRANCES, AND WALKWAYS
WILL BE SWEPT AND HOSED OF ANY DEBRIS.
19
XIV. SPECIFICATIONS - JANITORIAL AND RELATED SERVICES
2) ALL TOILETS, URINALS, AND LAVATORIES WILL BE CLEANED
AND DISINFECTED. THEY WILL BE WIPED DOWN AND DRIED.
3) ALL TWIN SAVER DISPENSERS WILL BE CHECKED AND REFILLED
AT EACH VISIT. THE TOPS OF THE DISPENSERS WILL BE WIPED
CLEAN. THE PAPER IS STORED IN THE PIPECHASE AREA.
4) THE OUTSIDE DIRNKING FOUNTAIN WILL BE CLEANED,
DISINFECTED, AND TOWEL DRIED.
9) ORANGE STREET SHOWER AND RESTROOM FACILITY. THIS SITE
CONSISTS OF ONE WOMEN'S RESTROOM AND ONE MEN'S RESTROOM. THE
SHOWER AREA IS ATTACHED TO THE OUTSIDE OF THE BUILDING.
5 TOILETS - WOMEN'S 3 TOILETS -MEN'S I URINAL
2 LAVATORIES- WOMEN'S 2 LAVATORIES -MEN'S
5 TWN SAVR DISPS: WOMEN'S 3 TWN SAVR. DISPS -MEN'S
I OUTSIDE TWIN TEERED DRINKING FOUNTAIN
I) ALL FLOOR AREAS, OUTSIDE ENTRANCES, AND WALKWAYS
WILL BE SWEPT AND HOSED OF ALL SAND AND DEBRIS.
2) ALL TOILETS, URINALS, AND LAVATORIES WILL BE CLEANED
AND DISINFECTED. THEY WILL BE WIPED DOWN AND DRIED.
3) ALL TWIN SAVER DISPENSERS WILL BE CHECKED AND REFILLED
AT EACH VISIT. THE TOPS OF THE DISPENSERS WILL BE WIPED
CLEAN. THE PAPER IS STORED INSIDE THE PIPECHASE.
4) THE OUTSIDE DRINKING FOUNTAIN WILL BE CLEANED,
DISINFECTED, AND TOWEL DRIED.
5) THE OUTSIDE SHOWER AREA WILL ALSO BE HOSED COMPLETELY
CLEAN OF SAND.
10) BALBOA ISLAND RESTROOM FACILITY. THIS SITE CONSISTS OF ONE
WOMEN'S RESTROOM AND ONE MEN'S RESTROOM.
I TOILET - WOMEN'S I TOILET -MEN'S
1 LAVATORY - WOMEN'S I LAVATORY -MEN'S
2 TWN SAVR. DISPS. I TWN SAVR DISP.
I LIQ. SOAP DISP. I LIQ. SOAP DISP
1) ALL FLOOR AREAS WILL BE SWEPT AND MOPPED WITH
DISINFECTANT.
2) ALL TOILETS AND LAVATORIES WILL BE CLEANED AND
DISINFECTED. THEY WILL BE WIPED AND DRIED.
3) ALL TWIN SAVER TOILET PAPER DISPENSERS WILL BE CHECKED
AND REFILLED. THE TOPS OF EACH DISPENSER WILL BE WIPED
CLEAN. THE PAPER AND LIQUID SOAP WILL BE STORED AT THE
IRVINE TERRACE FACILITY'S STORAGE ROOM.
4) THE LIQUID SOAP DISPENSERS WILL BE REFILLED AT EACH VISIT
TO THIS SITE.
20
0 0
XIV. SPECIFICATIONS - JANITORIAL AND RELATED SERVICES
11) FERRY LANDING RESTROOM FACILITY. THIS SITE CONSISTS OF TWO
UNISEX RESTROOMS.
2 - TOILETS - UNISEX
2- LAVS - UNISEX
2 -TWN SAVR DISPENSERS
2 -C -FOLD DISPENSERS
2 -LIQ. SOAP DISPS.
l) ALL FLOOR AREAS ARE TO SWEPT AND MOPPED WITH
DISINFECTANT CLEANER. ALL OUTSIDE AREAS TO BE SWEPT OF
ALL DEBRIS.
2) ALL TOILETS AND LAVS WILL BE CLEANED AND DISINFECTED.
THEY WILL BE WIPED DOWN AND DRIED.
3) ALL TWIN SAVER AND C -FOLD DISPENSERS WILL BE REFILLED
ON EACH VISIT. THE TOPS OF ALL DISPENSERS WILL BE WIPED
CLEAN. ALL SOAP DISPENSERS WILL BE FILLED AT EACH VISIT.
THE PAPER FOR THIS FACILITY IS STORED AT IRVINE TERRACE
PARK.
12) IRVINE TERRACE PARK RESTROOM FACILITY. THIS SITE CONSISTS
OF ONE MEN'S RESTROOM AND ONE WOMEN'S RESTROOM.
3- TOILETS - WOMEN'S
1- TOILET 1 URINAL -MEN'S
1 -LAV: WOMEN'S
I -LAV: MEN'S
3 -TWN SAVR DISPS. - WOMEN'S
1 -TWN SAVR DISP: MEN'S
I -C -FOLD DISP: WOMEN'S
1 -C -FOLD DISP: MEN'S
1 -LIQ. SOAP DISP: WOMEN'S
I -LIQ. SOAP DISP: MEN'S
I- OUTSIDE TWIN TEERED DRINKING FOUNTAIN
1) ALL FLOOR AREAS WILL BE SWEPT AND MOPPED WITH
DISINFECTANT CLEANER. ALL OUTSIDE AREAS WILL BE SWEPT
CLEAN.
2) ALL TOILETS, URINALS, AND LAVS WILL BE CLEANED AND
DISINFECTED. THEY WILL ALL BE WIPED DOWN AND DRIED.
3) THE OUTSIDE DRINKING FOUNTAIN WILL BE CLEANED,
DISINFECTED, AND TOWEL DRIED.
4) ALL TWIN SAVER AND C- FOLD DISPENSERS WILL BE REFILLED
ON EACH VISIT. THE TIPS OF EACH DISPENSER WILL BE WIPED
CLEAN. THE PAPER IS STORED IN THE STOREROOM.
13) CORONA DEL MAR MAIN BEACH RESTROOM AND SHOWER
FACILITES. THIS SITE CONSISTS OF TWO SEPARATE SITES. THE WEST
FACILITY IS LOCATED NEAR THE ENTRANCE TO THE BAY AND CONSISTS
OF ONE MEN'S RESTROOM, ONE WOMEN'S RESTROOM, AND A SHOWER
FACILITY THAT IS LOCATED IN FRONT OF THE RESTROOM ON THE BEACH.
THE EAST FACILITY IS LOCATED NEAR LIFEGUARD TOWER A. IT
CONSISTS OF ONE MEN'S RESTROOM AND DRESSING ROOM, AND ONE'S
21
XIV. SPECIFICATIONS - JANITORIAL AND RELATED SERVICES
WOMEN'S RESTROOM AND DRESSING ROOM. THE SHOWER AREA IS
LOCATED ON THE BEACH IN FRONT OF THE BUILDING.
WEST FACILITY
5- TOILETS - WOMEN'S
2- LAVS - WOMEN'S
5 -TWN SAVR DISPS. - WOMEN'S
3- TOILETS 3- URINALS -MEN'S
2-LAVS-MEN'S
3 -TWN SAVR DISPS. -MEN'S
i- OUTSIDE TWIN TEERED DRINKING FOUNTAIN
1- OUTSIDE SHOWER AREA
EAST FACILITY
5- TOILETS- WOMEN'S
3- TOILETS 3 URINALS -MEN'S
2 -LAVS- WOMEN'S
2 -LAYS -MEN'S
5 -TWN SAVR DISPS. - WOMEN'S
3 -TWN SAVR DISPS. -MEN'S
1- OUTSIDE DRINKING FOUNTAIN
1- OUTSIDE DRINK. FOUNT.
I- OUTSIDE SHOWER AREA
1) ALL FLOOR AREAS IN EACH BUILDING WILL BE SWEPT AND
CLEAN OF ANY DEBRIS. ALL INSIDE AND OUTSIDE AREAS WILL
BE HOSED OF ALL SAND (INSIDE AREAS WILL BE DISINFECTED).
2) ALL TOILETS, URINALS, AND LAVS WILL BE CLEANED AND
DISINFECTED. THEY WILL BE WIPED DOWN AND DRIED.
3) ALL 3 DRINKING FOUNTAINS WILL BE CLEANED, DISINFECTED,
AND TOWEL DRIED.
4) ALL TWIN SAVER DISPENSERS WILL BE REFILLED ON EACH VISIT.
THE TOPS OF EACH DISPENSER WILL BE WIPED CLEAN. THE
PAPER IS STORED IN EACH BUILDING PIPECHASE.
5) BOTH SHOWER AREAS WILL BE SWEPT OF ALL SAND AND BE
HOSED DOWN AFTER SWEEPING.
14) BUCK GULLY RESTROOM FACILITY (ALSO KNOWN AS "LITTLE
CORONA BEACH ". THIS SITE CONSISTS OF ONE MEN'S RESTROOM AND
ONE WOMEN'S RESTROOM. THE ENTRANCE GATE CODE TO THIS SITE IS
4344.
3- TOILETS - WOMEN'S
I LAV - WOMEN'S
1- TOILET I URINAL -MEN'S
1 -LAV -MEN'S
3 -TWN SAVR. DISPS. - WOMEN'S I -TWN SAVR DISP. -MEN'S
1 -C -FOLD DISP. - WOMEN'S I -C -FOLD DISP: MEN'S
1 -LIQ. SOAP DISP: WOMEN'S I -LIQ. SOAP DISP: MEN'S
I- OUTSIDE TWIN TEERED DRINKING FOUNTAIN
1) ALL INSIDE AND OUTSIDE AREAS WILL BE SWEPT AND HOSED OF
ANY SAND OR DEBRIS, THE INSIDE FLOOR AREAS WILL BE
DISINFECTED.
2) ALL TOILETS, URINALS, AND LAVS WILL BE CLEANED AND
DISINFECTED. THEY WILL BE WIPED DOWN AND DRIED.
22
C�
•
XIV. SPECIFICATIONS - JANITORIAL AND RELATED SERVICES
3) THE OUTSIDE DRINKING FOUNTAIN WILL BE CLEANED,
DISINFECTED, AND TOWEL DRIED.
4) ALL DISPENSERS WILL BE FILLED ON EACH VISIT (PAPER AND
SOAP). THE TOPS OF EACH DISPENSER WILL BE WIPED CLEAN.
THE PAPER IS STORED IN THE PIPECHASE AREA.
15) CYC TENNIS COURTS RESTROOM FACILITY. THIS SITE CONSISTS OF
ONE MEN'S RESTROOM AND ONE WOMEN'S RESTROOM.
5 TOILETS - WOMEN'S 3- TOILETS 1 URINAL -MEN'S
2- LAVS - WOMEN'S 2 -LAVS -MEN'S
5 TWN SAVR DISPS - WOMEN'S 3 TWN SAVR DISPS -MEN'S
1- OUTSIDE DRINKING FOUNTAIN
1) ALL INSIDE AND OUTSIDE AREAS WILL BE SWEPT AND HOSED OF
ANY SAND OR DEBRIS. THE INSIDE FLOOR AREAS WILL BE
DISINFECTED.
2) ALL TOILETS, URINALS, AND LAVS WILL BE CLEANED AND
DISINFECTED. THEY WILL BE WIPED DOWN AND DRIED.
3) THE OUTSIDE DRINKING FOUNTAIN WILL BE CLEANED,
DISINFECTED, AND TOWEL DRIED.
4) ALL DISPENSERS WILL BE FILLED ON EACH VISIT. THE TOPS OF
EACH DISPENSER WILL BE WIPED CLEAN. THE PAPER IS STORED
IN THE PIPECHASE AREA.
16) SAN MIGUEL PARK RESTROOM FACILITY. THIS SITE CONSISTS OF
ONE MEN'S RESTOOM AND ONE WOMEN'S RESTROOM.
3- TOILETS - WOMEN'S 1- TOILET I URINAL -MEN'S
1 -LAV- WOMEN'S I -LAV -MEN'S
3 -TWN SAVR DISPS. - WOMEN'S I TWN SAVR DISP. -MEN'S
1- OUTSIDE DRINKING FOUNTAIN
1) ALL INSIDE AND OUTSIDE AREAS WILL BE SWEPT AND HOSED OF
ANY SAND OR DEBRIS. THE INSIDE FLOOR AREAS WILL BE
DISINFECTED.
2) ALL TOILETS, URINALS, AND LAYS WILL BE CLEANED AND
DISINFECTED. THEY WILL BE WIPED DOWN AND DRIED.
3) THE OUTSIDE DRINKING FOUNTAIN WILL BE CLEANED,
DISINFECTED, AND TOWEL DRIED.
4) ALL DISPENSERS WILL BE FILLED ON EACH VISIT. THE TOPS OF
EACH DISPENSER WILL BE WIPED CLEAN. THE PAPER IS STORED
IN THE PIPECHASE AREA.
17) PORT CARNEY RESTROOM FACILITY. THIS SITE CONSISTS OF ONE
MEN'S RESTROOM AND ONE WOMEN'S RESTROOM.
2- TOILETS- WOMEN'S 1- TOILET 1- URINAL -MEN'S
1- LAV - WOMEN'S I- LAV -MEN'S
23
11
•
XIV. SPECIFICATIONS - JANITORIAL AND RELATED SERVICES
2 -TWN SAVR DISPS. - WOMEN'S 1 -TWN SAVR DISP: MEN'S
1- OUTSIDE DRINKING FOUNTAIN
1) ALL INSIDE AND OUTSIDE AREAS WILL BE SWEPT AND HOSED OF
ANY SAND OR DEBRIS. THE INSIDE FLOOR AREAS WILL BE
DISINFECTED.
2) ALL TOILETS, URINALS, AND LAVS WILL BE CLEANED AND
DISINFECTED. THEY WILL BE WIPED DOWN AND DRIED.
3) THE OUTSIDE DRINKING FOUNTAIN WILL BE CLEANED,
DISINFECTED, AND TOWEL DRIED.
4) ALL DISPENSERS WILL BE FILLED ON EACH VISIT. THE TOPS OF
EACH DISPENSER WILL BE WIPED CLEAN. THE PAPER IS STORED
IN THE STOREROOM.
18) PORT WESTBOURNE RESTROOM FACILITY. THIS SITE CONSISTS OF
ONE MEN'S RESTROOM AND ONE WOMEN'S RESTROOM.
2- TOILETS - WOMEN'S I- TOILET I URINAL -MEN'S
1 -LAV- WOMEN'S 1 LAV -MEN'S
2 -TWN SAVR DISPS. - WOMEN'S I -TWN SAVR DISP -MEN'S
1- OUTSIDE DRINKING FOUNTAIN
1) ALL INSIDE AND OUTSIDE AREAS WILL BE SWEPT AND HOSED OF
ANY SAND OR DEBRIS. THE INSIDE FLOOR AREAS WILL BE
DISINFECTED.
2) ALL TOILETS, URINALS, AND LAVS WILL BE CLEANED AND
DISINFECTED. THEY WILL BE WIPED DOWN AND DRIED.
3) THE OUTSIDE DRINKING FOUNTAIN WILL BE CLEANED,
DISINFECTED, AND TOWEL DRIED.
4) ALL DISPENSERS WILL BE FILLED ON EACH VISIT. THE TOPS OF
EACH DISPENSER WILL BE WIPED CLEAN. THE PAPER IS STORED
IN THE STOREROOM.
19) EASTBLUFF PARK RESTROOM FACILITY. THIS SITE CONSISTS OF ONE
MEN'S RESTROOM AND ONE WOMEN'S RESTROOM.
S- TOILETS - WOMEN'S 3- TOILETS IURINAL -MEN'S
2- LAVS - WOMEN'S 2 -LAVS -MEN'S
5 -TWN SAVR DISPS. - WOMEN'S 3 -TWN SAVR DISPS. -MEN'S
1- OUTSIDE DRINKING FOUNTAIN
1) ALL INSIDE AND OUTSIDE AREAS WILL BE SWEPT AND HOSED OF
ANY SAND OR DEBRIS. THE INSIDE FLOOR AREAS WILL BE
DISINFECTED.
2) ALL TOILETS, URINALS, AND LAVS WILL BE CLEANED AND
DISINFECTED. THEY WILL BE WIPED DOWN AND DRIED.
3) THE OUTSIDE DRINKING FOUNTAIN WILL BE CLEANED,
DISINFECTED, AND TOWEL DRIED.
24
n
L.
XIV. SPECIFICATIONS - JANITORIAL AND RELATED SERVICES
4) ALL DISPENSERS WILL BE FILLED ON EACH VISIT. THE TOPS OF
EACH DISPENSER WILL BE WIPED CLEAN. THE PAPER IS STORED
IN THE PIPECHASE.
20) BOB HENRY PARK RESTROOM FACILITY. THIS SITE CONSISTS OF ONE
MEN'S RESTROOM AND ONE WOMEN'S RESTROOM.
5- TOILETS - WOMEN'S 3- TOILETS 2 URNALS -MEN'S
2- LAVS - WOMEN'S 2 -LAVS -MEN'S
5 -TWN SAVR DISPS.WOMEN'S 3 -TWN SAVR DISPS. -MEN'S
i- OUTSIDE DRINKING FOUNTAIN
1) ALL INSIDE AND OUTSIDE AREAS WILL BE SWEPT AND HOSED OF
ANY SAND OR DEBRIS. THE INSIDE FLOOR AREAS WILL BE
DISINFECTED.
2) ALL TOILETS, URINALS, AND LAVS WILL BE CLEANED AND
DISINFECTED. THEY WILL BE WIPED DOWN AND DRIED.
3) THE OUTSIDE DRINKING FOUNTAIN WILL BE CLEANED,
DISINFECTED, AND TOWEL DRIED.
4) ALL DISPENSERS WILL BE FILLED ON EACH VISIT. THE TOPS OF
EACH DISPENSER WILL BE WIPED CLEAN. THE PAPER IS STORED
IN THE PIPECHASE.
25
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U
Ll
BID FORM
(NOT AN ORDER)
Janitorial and Related Services
Park & Beach Restroom Facilities
Bid No. 2 -11
(Bids sent by delivery service or hand delivered shall be delivered to the 592 Superior Avenue address.
It is the responsibility of the Bidder to make sure that the Bid is delivered by the time Bids are Due.)
The City of Newport Beach is inviting bids on the following, per the attached specifications:
The undersigned bidder, in compliance with the invitation for bid for the above mentioned project,
proposes to furnish all supervision, transportation, equipment, materials (City will provide all paper
products & liquid hand soap) and labor to perform the services for the project in accordance with the
Bid documents.
A. Restroom CIeaning Services — Friday & Saturday Nights (52 Weekends)
(Between 10:00 PM and 7:00 AAI)
Amount Amount
Location Per Year Location Per Year
(Fri. /Sat Nights) (Fri. /Sat. Nights)
1. Newport Pier
2.15'h Street
3. Balboa Pier
4. Washington Street
5. 19'' Street
6.38d' Street
7. Channel Park
8. 58" Street
9. Orange Street
10. Balboa Island
Compaay Name
$ Z
$ 2- -7
$ 2. -7cyo
11. Ferry Landing
12. Irvine Terrace
13. CdM Main Beach
14. Buck Gully
15. CYC Tennis Courts
16. San Miguel Park
17. Port Carney
18. Port Westbume
19. Eastbluff Park
20. Bob Henry Park
Sub -Total Section "A"
Above
$ A/c 7r-,
$ ZT7cc
$ --/
$
$ .2 9 2�Z
For this Bid to be valid,
-1this sheet must be signed
izz - C
Attachment B Contractors Proposal
2
0
BID FORM (continued)
(NOT AN ORDER)
Janitorial and Related Services
Park & Beach Restroom Facilities
Bid No. 2 -11
B. Restroom Cleaning Services — Saturday & Sunday Day Time
'(Between 11:00 AM and 2:00 PM)
Amount
Location Per Year Location
Sat. Da
1. Newport Pier
2. 150' Street
3. Balboa Pier
4. Washington Street
5. 191' Street
6.38' Street
Company Name
$ 49C c
$ Zc
$ 6 r>
$ /./cc
$ P_ OLD
$ PZ '%G'
8.58' Street
9. Orange Street
10. Balboa Island
11. Ferry Landing
13. CdM Main Beach
14. Buck Gully
Sub -Total Section `B"
Amount
Per Year
(Sat. Daytime)
$ yea
$ oa
$ ��-
$ cam;
$ �fL_
$( /)
$ ZZrf?
r
0 0
COMPANY INFORMATION
Each bid shall set forth the full names and residences of all persons and parties interested in the
bid. If the bid is by a corporation, state names of the officers who can sign an agreement on
behalf of the corporation and whether more than one officer must sign. If the bid is by a
partnership or a joint venture, state the names and addressed of all genera partners and joint
venturers. If the bidder is a sole proprietorship or another entity that does business under a
fictitious name, the bid shall be in the real name of the bidder with a designation following
showing "DBA (the fictitious name) ": provided, however, no fictitious name shall be used
unless there is a current registration with the Orange County Recorder. In case of corporations,
include the names of the President, Secretary, Treasurer, and Manager.
The undersigned, as bidder declares that all documents regarding this bid have been examined
and that, if awarded, will enter into a price agreement with the City of Newport Beach. The
bidder acknowledges that addenda number / to 6 have been received and have
been examined as part of the bid document. In submitting the bid response, the bidder agrees
that acceptance of this bid by the City of Newport Beach City Council with ninety (90) days
after the bid opening constitutes a contract.
Firm Name: I--/ - r .�/NF- /. /, / 11 i wit' )% -<; � >
Address: 3 Ter J! / � e- i C C.- ii c T
Telephone:
Fax: 7i J 3 7
Area Code
Federal Tax Numbe
Signature:
Circle One:
Print Above Name: A e S� "
Title:
Date:
0
5
0 0
COMPANY INFORMATION (continued)
Awarded contractor must possess a Newport Beach Business License, a City solid waste
franchise and all necessary permits, prior to contract award.
All bidders must submit the following information with their written bid submittal: (You may
use additional sheets if desired) /
1. Length of time you firm has been in business:
2. Length of time at current location:
3. Type, number and City business license(s)
References:
yy 1,7 ,f'S
Submit the company names, addresses, telephone numbers, contacts, and a brief contract
description of at least three clients in California for whom comparable projects (per proposed
price agreement requirements) have been completed:
(Company N )
Address: Z /,/ Z / t-,t
(Street)
Brief Description of Project: 6 —
�O
(City)
e) T// ie= C; Al e
(Phone # )
C-
Brief Description of Project:
3.
(Company Name) (Contact Person) (Phone #)
Address:
(Stmt)
Brief Description of Project:
G II b Oki
(City) (State) (Zip)
RECAP. FOR
Janitorial Services: Park + Beach Restrooms - Weekends
r -cp 2.11
BID No. 2 -11
1124/2001
"REVISED"
Will west
P.O. No.
Notice of the Invitation For Bid was given to fifty -two (52) firms that
provide janitorial & related services.
Sixteen (16) of those firms said that they were interested and would attend the mandatory pre -Bid meeting & job -walk.
Thirteen (13) firms did attend the pre -Bid meeting & job -walk. The
Bids were opened after 9:00 AM 112412001.
The preliminary results are as shown below:
A -1 Bell Merchants
Come
Empire
Miller's Sea
Quintessence*
Spinelli Building Building
Land
Maintenance
Janitorial Breeze
Company
Enterprises Maintenance Maintenance
Maintenance
Company
Service Bldg. Maint.
Rose A. Spinelli Jack Forest George Rodriguez
Joann Kim
Ira Angustain
Steve Miller Ariel De Montrond
Gary Sosenko
Section
"A"
$28,200.00 $3089.74 $39,600.72
$46,800.00
$60,186.72
$80,620.80 $218,592.00
No Bid
-B"
$5,200.00 $20,513.80 $26,400.72
$28,800.00
$37,780.80
$56,110.08 $36,192.00
No Bid
TOTAL
$33,400.00 $54,703.54 $66,001.44
$75,600.00
$97,967.52
$136,730.88 $254,784.00
Difference
Lowest $21,303.54 $32,601.44
$42,200.00
$64,567.52
$103,330.88 $221,384.00
Lowest 2nd Lowest 3rd Lowest
4th Lowest
5th Lowest
6th Lowest Highest
These are the preliminary standings as taken directly from each Bid submitted. Ilse Bids will be
reviewed for compliance to specifications, experience in providing comparable janitorial service,
references will be checked, and the determination will be made as to which firm will best serve
the interest of'the City. Some firms may be contacted to provide clarijication ofspecific items
which they offered in their Bid.
"REVISED" Come Land Maint.'s Original Bid was based on a Monthly charge -not the Yearly charge stipulated.
r_cp 2-11 1 Attachment B
12:02 PM 1124!2001
I .I
0 •
ASSIGNMENT OF SERVICE AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH
AND A -1 SPINELLI ENTERPRISES
FOR JANITORIAL SERVICES AT PUBLIC RESTROOMS
AT CITY BEACHES AND PARKS
G -33j
0 %DZ
THIS ASSIGNMENT AGREEMENT is entered into this 1194h day of Jimf4wly
2007, ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation and Charter City ( "CITY"), A -1 Spinelli Enterprises, located at 370 So. Lilac
Court, Anaheim Hills, California 92808 ( "SPINELLI "), and Brisance Enterprises, a sole
proprietorship, located at 11532 Purcell Street, Garden Grove, California 92840
( "BRISANCE "), and is made with reference to the following:
RECITALS
A. On November 14, 2006, CITY and SPINELLI entered into a Janitorial
Services Agreement, hereinafter referred to as "Agreement ", for janitorial
services at public restrooms at CITY beaches and parks. A copy of the
Agreement is attached hereto as Exhibit 1 and incorporated herein by this
reference.
B. On May 18, 2007, SPINELLI requested that the CITY consent to the
assignment of SPINELLI's rights, obligations and liabilities under the
Agreement to BRISANCE.
C. The CITY has reviewed SPINELLI'S request and has determined that it is
in the CITY's interest to consent to the request subject to the terms and
conditions set forth herein.
NOW, THEREFORE, the parties hereto agree as follows:
SPINELLI hereby assigns all of its rights, obligations, and liabilities under
the Agreement to BRISANCE, and BRISANCE hereby accepts such
assignment ( "Assignment ") as of the Effective Date. Insofar as rights and
obligations under the Agreement from and after the Effective Date are
concerned, references to SPINELLI therein shall be deemed replaced with
references to BRISANCE.
2. As of the Effective Date, SPINELLI shall have no further rights, obligations,
and liabilities of any kind whatsoever under the Agrqement, and the
Agreement, including the terms, conditions, covenants, agreements, and
exhibits contained therein, shall be binding only on BRISANCE.
3. CITY hereby grants its consent to the Assignment.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in the Agreement shall remain unchanged and shall be
in full force and effect.
0 0
5. This Assignment Agreement represents the full and complete understanding
of every kind or nature whatsoever between the parties and all preliminary
negotiations and agreements of whatsoever kind or nature are merged in this
Assignment Agreement. No verbal agreement or implied covenant shall be
held to vary the provisions hereon.
6. This Assignment Agreement may be modified or amended only by a written
document executed by all parties hereto and approved as to form by the City
Attorney.
7. If any term or portion of this Assignment Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions of this Assignment Agreement shall continue in full force
and effect.
8. The laws of the State of California shall govern this Assignment Agreement
and all matters relating to it and any action brought relating to this Assignment
Agreement shall be adjudicated in a court of competent jurisdiction in the
County of Orange.
9. The terms of this Assignment 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 Assignment Agreement
or any other rule of construction which might otherwise apply.
IN WITNESS WHEREOF, the parties hereto have executed this Assignment Agreement
on the date first above written.
APPROVED AS TO FORM:
By: CrYI�-
Aaron C. Harp,J�
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By: C AI;44 /'�• /fdl�
LaVonne Harkless, City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
M
for the City of
Beach
Samuel Foley, own