HomeMy WebLinkAbout03 - Restroom Portering and Paper Good Delivery ServicesPORT CITY OF
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_ i NEWPORT BEACH
City Council Staff Report
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May 8, 2018
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Shelby Morgan, Management Assistant
smorganC@_newportbeachca.gov
PHONE: 949-644-3013
TITLE: Approval and Award of Agreement with Ed Building Maintenance
Services for Restroom Portering and Paper Good Delivery Services
ABSTRACT -
The City utilizes a contractor to perform restroom portering services to clean the City's
beach restroom facilities and to deliver City -provided paper products to various City
facilities. The Public Works Department proposes an agreement with Ed Building
Maintenance Services to provide these services.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and;
b) Approve the agreement with Ed Building Maintenance Services for restroom portering
and paper good delivery services for a three-year term with a total not -to -exceed
amount of $600,000, and authorize the Mayor and City Clerk to execute the
agreement.
FUNDING REQUIREMENTS:
The current budget contains sufficient funding to provide these services for the remainder
of this fiscal year. Additional funding will be requested on the FY 18-19 Budget Checklist
for the increase in costs next year and in the future.
DISCUSSION:
The City utilizes a janitorial contractor to provide restroom portering services and the
delivery of paper goods to various City restrooms. Restroom portering started in the early
2000s to supplement the primary daily cleaning of beach area restrooms. The beach
restrooms are currently cleaned in the early morning hours by the City's main janitorial
contractor, ABM Services, Inc.
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Approval and Award of Agreement with Ed Building Maintenance Services for
Restroom Portering and Paper Good Delivery Services
May 8, 2018
Page 2
During the summer months, the beach restroom facilities are heavily used every day and
require additional cleaning. The duties of the porters include litter pickup, light cleaning of
the restrooms, stocking supplies, and informing staff of any items that require repair.
The contractor utilizes three portering teams, each comprised of a male and a female
employee. The teams are based in the Newport Pier, Balboa Pier, and Corona del Mar
areas. The restrooms covered by this porter service include the Newport and Balboa Pier
restrooms, 15th Street restrooms, Washington Street restrooms, Corona del Mar Main
Beach and Little Corona restrooms, Marina Park restrooms, the 19tH 58th and Orange
Street restrooms, and the ferry and fire station restrooms on Balboa Island. These teams
typically work between 11 a.m. until 7 p.m., 7 days per week, from Memorial Day weekend
to Labor Day weekend. Utilizing this service substantially cuts the number of restroom
complaints received and keeps the facilities in a clean appearance throughout the day.
Additionally, this contractor has the year-round responsibility to deliver paper products to
five (5) facilities and twenty-four (24) public restroom facilities throughout the City. The
materials are picked up from the Corporation Yard, and the contractor delivers them to
storage closets in beach and park restrooms, as well as City Hall.
Ed Building Maintenance Services is the current vendor for these services, under a
contract that expired on April 30, 2018. In February, the Public Works Department issued
a Request for Proposals (RFP) for restroom portering and paper good delivery services.
Proposals were due March 14, 2018. The City received three proposals in response to
the RFP, and a committee of evaluators from the Public Works Department reviewed the
proposals and evaluated the firms independent of pricing. The Finance Department's
Purchasing Agent calculated the cost score based on the differential in cost between the
respondents.
Ed Building Maintenance Services scored the highest in both the technical and cost ratio
categories. Ed Building Maintenance has provided the City with this service since 2012
and has been very successful in their previous contracts, receiving excellent reviews from
City staff. Their proposed costs are also the lowest of the three proposers, and Public
Works is confident we will have another successful contract with their firm.
The pricing in the agreement is based on a flat hourly rate. The previous agreement
included an hourly rate of $14.00 per hour. The new rate is $19.00, which staff believes
is fair based upon the rising minimum wage, the cost of employee benefits, and their
transportation both to the worksite and between City facilities. As noted above, this is the
lowest cost among the three proposals received.
3-2
ED BUILDING
MAINTENANCE
SPECTRUM
FACILITY
MAINTENANCE
SUNSET
PROPERTY
SERVICES
TECHNICAL SCORE (OUT OF 50):
46.67
30.00
32.33
COST RATIO SCORE (OUT OF 50):
50.00
43.85
25.93
AGGREGATE SCORE (OUT OF 100):
96.67
73.85
58.26
OVERALL RANK:
1
2
3
Ed Building Maintenance Services scored the highest in both the technical and cost ratio
categories. Ed Building Maintenance has provided the City with this service since 2012
and has been very successful in their previous contracts, receiving excellent reviews from
City staff. Their proposed costs are also the lowest of the three proposers, and Public
Works is confident we will have another successful contract with their firm.
The pricing in the agreement is based on a flat hourly rate. The previous agreement
included an hourly rate of $14.00 per hour. The new rate is $19.00, which staff believes
is fair based upon the rising minimum wage, the cost of employee benefits, and their
transportation both to the worksite and between City facilities. As noted above, this is the
lowest cost among the three proposals received.
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Approval and Award of Agreement with Ed Building Maintenance Services for
Restroom Portering and Paper Good Delivery Services
May 8, 2018
Page 3
The Facilities Maintenance budget includes sufficient funding for the remainder of the
fiscal year. An additional amount of $45,000 will be included in the FY 2018-19 Budget
Checklist to fund the increase in the next fiscal year. Additionally, the Budget Checklist
includes our department request for an extra $25,000 per year to fund these services
during occasional warm weather weekends outside the summer months.
The Public Works Department thus recommends award of the agreement for restroom
portering and paper good delivery services with Ed Building Maintenance Services, for a
term of three years and a total amount not to exceed $600,000.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Maintenance/Repair Services Agreement
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ATTACHMENT A
JANITORIAL SERVICES AGREEMENT
WITH ED BUILDING MAINTENANCE SERVICES FOR
RESTROOM PORTERING AND PAPER GOOD DELIVERY JANITORIAL SERVICES
THIS JANITORIAL SERVICES AGREEMENT ("Agreement") is made and entered
into as of this 8th day of May, 2018 ("Effective Date"), by and between the CITY OF
NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ED
BUILDING MAINTENANCE SERVICES, a California general partnership ("Contractor"),
whose address is 23535 Palomino Drive #249 Diamond Bar, California 91765, and is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform routine, recurring or usual janitorial
services for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the janitorial services described in this Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
111=10JII
The term of this Agreement shall commence on the Effective Date, and shall
terminate on May 7, 2021, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). As a material inducement to City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and Contractor is
experienced in performing the Work contemplated herein and, in light of such status and
experience, Contractor covenants that it shall follow community professional standards
with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances, in performing
the Work required hereunder, and that all materials will be of good quality.
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2.2 Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Contractor to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Except as
otherwise provided herein, no rate changes shall be made during the term of this
Agreement without the prior written approval of City. Contractor's compensation for all
Services performed in accordance with this Agreement, including all reimbursable items,
shall not exceed Six Hundred Thousand Dollars and 001100 ($600,000.00), without
prior written amendment to the Agreement.
4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be adjusted in proportion to changes in the Consumer Price Index, subject to the
maximum adjustment set forth below. Such adjustment shall be made by multiplying the
Billing Rates in Exhibit B 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 Effective
Date. The Consumer Price Index to be used in such calculation is the "Consumer Price
Index, All Items, 1982-84=100 for All Urban Consumers (CPI -U)", for the Los Angeles -
Ed Building Maintenance Services Page 2 3-5
Riverside -Orange County Metropolitan Area, published by the United States Department
of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price Index is no
longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. In no event, however, shall the amount payable under this
Agreement be reduced below the Billing Rates in effect immediately preceding such
adjustment. The maximum adjustment increase to the Billing Rates, for any year where
an adjustment is made pursuant to this Section, shall not exceed the Consumer Price
Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment,
whichever is less.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement, or specifically approved in writing in advance by
City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Billie Alexander to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department.
City's Facilities Maintenance Supervisor or designee shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Ed Building Maintenance Services Page 3 3.6
Administrator shall represent City in all matters pertaining to the Services to be rendered
pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
Ed Building Maintenance Services Page 4 3.7
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 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 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 Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
10.1 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. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Contractor or any
Ed Building Maintenance Services Page 5 3.8
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 of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
10.2 Contractor and its representatives must submit to and pass a criminal
background investigation by providing a complete set of fingerprints to City prior to
commencing the Work/Services. Contractor and its representatives are required to
submit any fees for the criminal background investigation according to the City's most
current administrative fee schedule or successor document. Fingerprints maybe required
to be updated every five (5) years.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. 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 or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
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Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
20. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
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constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
21. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
22. CONFLICTS OF INTEREST
22.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
22.2 If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination
of this Agreement by City. Contractor shall indemnify and hold harmless City for any and
all claims for damages resulting from Contractor's violation of this Section.
23. NOTICES
23.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
23.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Facilities Maintenance Supervisor
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
23.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Billie Alexander
Ed Building Maintenance Services
23535 Palomino Drive #249
Diamond Bar, CA 91765
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24. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
25. TERMINATION
25.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
25.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
26. LABOR
26.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
26.2 Contractor shall comply with all applicable provisions of the California Labor
Code, including the Displaced Janitors Opportunity Act (Labor Code §§1060-1065).
26.3 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 written notice to City, and provide all relevant
information.
26.4 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
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26.5 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
27. STANDARD PROVISIONS
27.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
27.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
27.3 Waiver. A waiver by either party 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.
27.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
27.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
27.6 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.
27.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
27.8 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.
27.9 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, State of California.
Ed Building Maintenance Services Page 10 3-13
27.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
27.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
27.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Ed Building Maintenance Services Page 11 3-14
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. Harp UWJ 0 -S -IS
City Attorney
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
BV:
Marshall "Duffy" Duffield
Mayor
CONTRACTOR: Ed Building
Maintenance Services, a California
general partnership
Date:
BV:
Billie Alexander
Partner
Date-
By-
Ann
ate:
By:Ann Alexander
Partner
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Ed Building Maintenance Services Page 12 3-15
EXHIBIT A
SCOPE OF SERVICES
Ed Building Maintenance Services Page A-1 3-16
SCOPE OF SERVICES
DUTIES AND RESPONSIBILITIES
DESCRIPTION OF PROJECT
o Furnish all labor, tools, expendable equipment, materials, transportation
services necessary for restroom portering and paper product delivery as
described herein, including, but not limited to, the following routine, recurring, or
usual janitorial or custodial services:
■ Delivering paper goods to locations specified herein;
• Keeping all restrooms clean and presentable; and
■ Reporting any facility repairs required at the locations to City.
CONTRACTOR DUTIES & RESPONSIBILITIES
Paper Product Delivery
o Deliver paper product to locations identified in "Locations For Paper Product
Delivery and Schedule" set forth below.
Portering
o Fill all paper dispensers.
o Fill all soap dispensers.
o Empty trash containers and replace liners as needed.
o Keep all restrooms clean and presentable.
o Remove urinal/toilet clogs.
o Litter pick the surrounding area so that the outside perimeter of each restroom
facility shall be kept clean and presentable.
o Remove graffiti.
o Report any and all plumbing, flooding, and electrical issues to City staff
immediately.
o Close and lock restrooms during drain backups or other issues requiring closure,
and direct visitors to the next closest facility. "Out of service" or similar signage
shall be put in place where necessary.
o Provide transportation for crew(s) to multiple locations throughout each day with
"Under Contract with the City of Newport Beach" or similar signage on display in
or on vehicle.
o Provide mops, brooms, standing dust pans and cleaning products and materials.
Unless otherwise specified, provide all other relevant supplies and materials
3-17
related to the requested services. Mop water shall be emptied properly after each
cleaning. Pipe chase shall be clean and organized.
o Perform all related routine, recurring or usual duties as directed by City's Project
Administrator.
• MINIMUM PERSONNEL REQUIREMENTS
o The work force shall include a thoroughly skilled, experienced, and competent
supervisor who shall be responsible for adherence to the specifications
expressed within this Scope of Services. All supervisory personnel must be able
to communicate effectively in English (both orally and in writing). Any order given
to supervisory personnel shall be delivered to the Contractor. The supervisor
assigned must be identified by name to ensure coordination and continuity.
o At a minimum, Contractor shall provide up to eight (8) staff members — seven (7)
Janitors and one (1) Supervisor.
• Minimum Attendance: up to eight (8) hours per day, seven (7) days per
week (subject to change based upon need per City's Project
Administrator).
■ Holiday Weekends: up to ten (10) hours per day on holiday weekends
(subject to change based upon need).
o Crews shall be formed so as to perform duties at multiple locations. Each crew
may have up to several locations to monitor.
o Contractor shall provide at least one (1) female per crew to perform duties in
Women's restrooms.
o At least one (1) staff member at each location must also be able to communicate
to the public effectively in English.
o Contractor shall provide replacements the same day where available.
o Persons employed by the Contractor who are found not to be satisfactory by the
City shall be discharged or reassigned by the Contractor on fifteen (15) days
notice from the City.
o The City reserves the right to increase minimum staffing to provide the Services
to the locations identified in this Agreement.
OTHER CONTRACTOR PERSONNEL REQUIREMENTS
o Contractor's supervisor shall contact City's Project Administrator or designee
daily to provide updates.
o Field staff shall perform all duties responsibly and effectively.
o Field supervisor shall drop off empty cardboard boxes to City's Corporation Yard
following the end of the shift.
3-18
o All staff shall wear appropriate attire, consisting of pants or shorts with company
shirts. Any item of clothing with any form of offensive language or imagery is not
allowed.
o Staff shall not use cell phones for reasons other than business while on duty.
Staff shall not smoke while on duty.
o Contractor shall ensure that it schedules its personnel so as to have at least one
individual on duty at all times. Contractor's personnel shall not be deemed to be
rendering Services to the City during periods when they are on break.
• CITY DUTIES & RESPONSIBILITIES
o City's Project Administrator or his/her designee shall work with Contractor's
supervisory personnel in establishing schedules and locations of work.
o City shall only be required to provide paper products as related to the requested
services.
o City reserves the right to request changes in staffing levels based upon need.
• LOCATIONS FOR PORTERING SERVICES
o The locations for portering services are the City facilities at the locations listed
below and may change depending on City's need. Any alterations, modifications
or deviations from the Work shall be subject to the prior written approval of the
City. Any price adjustments shall be made by mutual consent of the parties.
Newport Pier
15th Street
Balboa Pier
Washington Street
Balboa Island (Island Ferry & Fire Station)
Corona Del Mar State Beach
Little Corona/Buck Gully
Orange & 56th Street
Marina Park Lighthouse
19th Street
71 Newport Pier
1501 West Oceanfront
801 East Oceanfront
208 Washington St.
Agate @ South Bay Front
3001 Ocean Blvd
214 Glen Dr.
6804 Seashore Dr.
1600 W Balboa Blvd
226 19th St
• LOCATIONS FOR PAPER PRODUCT DELIVERY AND SCHEDULE
o Frequency: one time per week for facilities and three times per week for public
restrooms.
o Approximate amounts: nine (9) product types with several cases of each product
delivered per month. Product types include the below and substantially similar
items:
Acclaim toilet paper jumbo rolls
Soft plus toilet paper
Clear Tone hand soap
Lotion hand soap
3-19
Trash can liners
Big -Z paper towels
Single fold paper towels
Toilet seat covers
Joy dish soap
o Locations: five (5) facilities and twenty-four (24) public restrooms:
Public Restrooms
Arroyo Park
1411 Bayswater Dr
Balboa Island Ferry
Agate @ South Bay Front
Balboa Pier
801 East Oceanfront
Bob Henry Park
900 Dover Dr
Bonita Canyon Sports Park Westside
1641 Ford Rd
Bonita Canyon Sports Park Midpark
1880 Ford Rd
Bonita Canyon Sports Park Eastside
1990 Ford Rd
Buck Gully
214 Glen Dr
Channel Place Park
4400 Channel PI
Coastal Peak Park
20403 East Coastal Peak
Corona Del Mar State Beach
3001 Ocean Blvd
CYC Tennis Court
3000 Fifth Ave
Irvine Terrace Park
721 Evita Dr.
East bluff Park
2401 Vista del Oro
Mariners Park
2005 Dover Dr
Marina Park Lighthouse
1600 W Balboa Blvd
Newport Pier
71 Newport Pier
Orange Street
6804 Seashore Dr
Port Carney
1910 Port Carney
Port Westbourne
1891 Port Westbourne
San Miguel Park
2200 San Miguel Drive
Sunset Ridge Park
4850 West Coast Highway
Washington Street
208 Washington St
15th Street
1501 West Oceanfront
19th Street
226 19th St
38th Street
3600 Balboa Blvd
58th Street
5800 Seashore Dr
Facilities
Balboa yacht basin
829 Harbor Island Drive
Back Bay Science Center
600 Shellmaker Rd
City Hall
100 Civic Center Dr.
General Services
592 Superior Ave
Utilities
949 West 16th Street
3-20
• WORKING HOURS
o Portering Schedule
• May — September (Start/end dates may be changed by City based upon
need)
• 11:OOAM — 7:OOPM, Monday — Sunday
• 10:OOAM — 8:OOPM, Saturday — Sunday (As needed on holiday
weekends)
o Paper Delivery Schedule
■ Year Round
• Normal working hours shall be between the hours of 7:00 a.m.
and 4:00 p.m., Monday through Friday. No Saturday or Sunday
work is to be scheduled without prior written permission from the
City.
o Holidays shall be based on the list of Federally recognized Holidays, and shall
include the following Summer Holidays:
■ Memorial Day
■ Independence Day
■ Labor Day
• SAFETY REQUIREMENTS
o All work performed under this Agreement 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 City 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 under this Agreement.
All contractor employees shall have access to a W.A.T.C.H. (Work Area Traffic
Control Handbook) at all times.
3-21
EXHIBIT B
SCHEDULE OF BILLING RATES
Ed Building Maintenance Services Page B-1 3-22
ATTACHMENT B
BILLING RATES
3-23
Per Hour / per
Restroom Portering Services
$ 19.00
person (for
Services that
are provided)
Flat Rate
Paper Product Delivery
$ 2,500.00
per month (for
delivery to all
locations)
3-23
AMWI0I
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIRMANITORIAL SERVICES
1. Provision of 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, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. 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.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of 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
Ed Building Maintenance Services Page C-1 3-24
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City resery
during the term of the Agreement to change the
insurance required by giving Contractor sixty (60)
written notice of such change. If such Chang
ees the right at any time
amounts and types of
calendar days advance
results in substantial
Ed Building Maintenance Services Page C-2 3-25
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Aqreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
Ed Building Maintenance Services Page C-3 3-26
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
I. Contractor's 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.
Ed Building Maintenance Services Page C-4 3-27