HomeMy WebLinkAbout19 - Park and Beach Public Restroom Janitorial ServicesTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
August 13, 2019
Agenda Item No. 19
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Kyle Brodowski, Equipment and Facilities Manager,
kbrodowski@newportbeachca.gov
PHONE: 949-718-3464
TITLE: Park and Beach Public Restroom Janitorial Services
ABSTRACT:
The City currently utilizes contractors to provide janitorial and portering services for public
buildings and restroom facilities. Ed Building Maintenance (EBM) is contracted to provide
all janitorial services for the City's 30 standalone restrooms located within city parks and
beaches. At the current contracted levels, the janitorial and portering services provided
at our beach and park facilities have not been keeping up with community expectations
and requests.
At the City Council Planning Session on February 2, 2019, staff received direction from
the Council to review and increase the service level for the public restrooms located within
our parks and beaches. In response, staff worked with Ed Building Maintenance to
supplement the existing janitorial service levels under their current contract. At the same
time, staff issued a Request for Proposal (RFP) to provide long-term enhanced levels of
janitorial services for these park and beach restroom facilities. Staff has completed the
RFP process and requests City Council review of the desired janitorial services and
approval to award a new agreement with Ed Building Maintenance.
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;
b) Approve a three-year Janitorial Services Agreement with Ed Building Maintenance for
cleaning / servicing 30 standalone City restrooms for a total not -to -exceed amount of
$2,415,000 (3 years at approximately $803,784 per year); and
c) Approve Budget Amendment No. 20 -007 -CC transferring $140,000 from Public Works
account 01090901-811031 to the Public Works account 0109041-811012, and also
appropriating $350,000 in increased expenditures from the General Fund
unappropriated fund balance to the Public Works account 0109041-811012.
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Park and Beach Public Restroom Janitorial Services
August 13, 2019
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Alternative Recommended Actions (to maintain current enhanced service levels)
d) 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;
e) Authorize staff to prepare and the City Manager and City Clerk to execute an
amendment to the existing Janitorial Services Agreement with Ed Building
Maintenance for cleaning/servicing 30 standalone City restrooms to increase the not -
to -exceed amount by $1,070,500 for a total amended not -to -exceed contract amount
of $1,670,500; and
f) Authorize Finance Department staff to execute an administrative budget amendment
transferring $140,000 from Public Works account 01090901-811031 to the Public
Works account 0109041-811012, and also appropriating $140,000 in increased
expenditures from the General Fund unappropriated fund balance to the Public Works
account 0109041-811012.
FUNDING REQUIREMENTS:
The Facilities Maintenance Janitorial Services account (0109041-811012) is currently not
budgeted at a level to fund enhanced levels of janitorial services for the City's 30
standalone beach and park restrooms as desired by the community and City Council.
Depending on the level of enhanced service selected as discussed below, the approval
of the Recommended Actions (items a, b & c) will require a Budget Amendment to transfer
$140,000 from Public Works Beach Refuse account (01090901-811031) into the Facilities
Maintenance Janitorial Services account (0109041-811012), and will also appropriate an
additional $350,000 annually in increased expenditure appropriations from the General
Fund unappropriated fund balance into the Public Works, Facilities Maintenance Janitorial
Services account (0109041811012).
Should Council desire to approve the Alternative Recommended Actions (items d, e & f),
this action will require a Budget amendment transferring $140,000 from Public Works
account 01090901-811031 to the Public Works account 0109041-811012, and will also
appropriate $140,000 in increased expenditures from the General Fund unappropriated
fund balance to the Public Works account 0109041-811012.
DISCUSSION:
Prior to July 2011, City staff provided cleaning and janitorial services during the workweek
for its 30 standalone park and beach restroom facilities (fourteen park and sixteen ocean
or bay front restroom facilities) and used various contractors to perform said janitorial
work during weekends and after hours. At the time, these service levels appeared
acceptable and consistent.
In July 2011, the City adjusted its janitorial practices to provide 100% of the necessary
janitorial services by one contracted service provider and approved a five-year, $910,000
agreement with ABM Janitorial services for the cleaning of the 30 park and beach
restroom facilities.
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Consequently, and possibly due to the challenges associated with lower -bid contractual
janitorial services, staffing dependability and consistency issues arose and service levels
fluctuated. The City started receiving many more service comments and requests from
the community to improve cleanliness of public restrooms. Staff continued to work with
ABM Janitorial to meet public concerns and improve service levels.
In response to continued complaints, the City entered into a three-year agreement in May
of 2018, with Ed Building Maintenance (EBM) to augment ABM's janitorial services for
high usage restrooms at a not -to -exceed total of $600,000. EBM was to provide seasonal
portering at seven high use beach and bay front restrooms: Balboa Pier, Newport Pier,
15th Street, Corona del Mar, Washington Street, Balboa Fire Station 4, and Balboa Island
Ferry Landing. EBM's seasonal portering service began on Memorial Day and extended
through Labor Day. Three roving crews of two people continuously serviced and cleaned
these seven high use restrooms between the hours of 10 a.m. and 8 p.m. daily.
Additionally, EBM delivers and stocks most City restrooms and buildings with restroom
paper and cleaning products purchased by the City.
As of June 2018, utilizing the combined services of ABM and EBM, the City was spending
approximately $470,000 per year for contracted janitorial services to clean and supply the
necessary paper and cleaning products to these 30 standalone restroom facilities.
Despite the additional portering services being provided by EBM, the City was still
receiving a lot of feedback regarding the cleanliness of our public restrooms. During the
City Council Planning Session on February 9, 2019, the cleanliness of public restrooms
at heavily used ocean / bay front sites and parks was discussed. Staff was directed to
increase service levels at City owned park and beach restroom facilities and analyze the
cost effectiveness of further outsourcing janitorial services.
In February of 2019, the City terminated the base janitorial contract with ABM for
performance issues and correspondingly added the necessary cleaning of all park and
beach restrooms to the scope of work with EBM. As requested by City Council, the level
of service was concurrently increased as an interim solution until a new bidding process
could be completed. Since this change was implemented, staff has monitored the
contract and situation closely and has noted a substantial reduction in complaints, as well
as a significant improvement in appearance and function of those public restrooms. While
the current agreement with EBM does not expire until 2021, the increased service levels,
cleaning frequency, and extension of the summer schedule has accelerated the contract
use. We are projected to exceed the $600,000 not -to -exceed contract limit in 2019 and
an adjustment to overall contract funding will be necessary. The annual projected cost
by EBM to service these 30 restroom facilities at the current service level is approximately
$592,130.
Staff prepared and issued an RFP for Park and Beach Restroom Janitorial Services with
the following desired service level enhancements/adjustments:
1. Increase the number of high use facilities from seven (7) to sixteen (16)
2. Extend the peak season cleaning schedule from 14 weeks (Memorial Day to Labor
Day), to approximately 32 weeks (March to October)
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3. During the peak season, clean all park restrooms twice daily, as needed.
4. During the peak season, ocean / bay front restrooms will be thoroughly cleaned
once before 7 a.m. Then between 10 a.m. and 9 p.m. those 16 high use restroom
facilities will be cleaned multiple times during the day by four roving service crews
(portering service) consisting of two person (1 male and 1 female) teams.
The City received proposals from eight contractors in response to the RFP. The top three
proposals are as rated below. Pursuant to the procedures provided in the RFP
instructions, only those proposals receiving a Technical Score of 70% (28 out of the
maximum score of 40) or above qualified to advance to the Cost Review (maximum score
of 70) step of the evaluation process. In this particular RFP, the proposals ranked fourth
through eighth scored less than 70% in the Technical Score evaluation and were
disqualified from award consideration. The costs from these proposals remained sealed
and were not evaluated by staff.
Overall
Service Level
Technical
Cost
Base
Hourly
Total
Rank
Contractor
Score
Score
Annual
Rate
Score
& 16 Beach
& 16 Beach
Daily
Restrooms
Cost
Restrooms
Peak Season
1
Ed Building
34.67
60.00
$803,784
$21.00
94.67
Maintenance (EBM)
3 — 2 Person Crews
4 — 2 Person Crews
Roving Crews
7 High Use
7 High Use
2
Quality Commercial
34.00
50.53
$954,424
$30.00
84.53
Peak Season
Cleaning
Total Annual
$467,650
$592,130
$803,784
Cost
3
Commercial
30.67
30.38
$1,587,647
$33.50
61.05
CleaningS stems
It should be noted, although the proposed contract cost is approximately 35% above the
current estimated annual cost for the service level EBM is providing, the proposed new
janitorial contract includes further additional service level enhancements as described in
the RFP discussion above and displayed in the table below. Based on usage, requests,
and complaints, this level is proposed to meet the current service needs.
Service
Service Level
Existing Service
Proposed Service
prior to 2/2019
Level
Level
Year-round
14 Park Restrooms
14 Park Restrooms
14 Park Restrooms
Cleaning — Twice
& 16 Beach
& 16 Beach
& 16 Beach
Daily
Restrooms
Restrooms
Restrooms
Peak Season
Memorial Day —
Memorial Day —
March - October
Labor Day
Labor Da
2 — 2 Person Crews
3 — 2 Person Crews
4 — 2 Person Crews
Roving Crews
7 High Use
7 High Use
16 High Use
Restrooms During
Restrooms During
Restrooms Extended
Peak Season
Peak Season
Peak Season
Total Annual
$467,650
$592,130
$803,784
Cost
The total annual projected cost by EBM to service these 30 restroom facilities is $803,784.
The anticipated start date would be thirty days from contract execution.
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Park and Beach Public Restroom Janitorial Services
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Staff recommends approving a three-year Janitorial Services Agreement with Ed Building
Maintenance for cleaning/servicing 30 standalone City restrooms for a total not -to -exceed
amount of $2,415,000, or approximately $803,784 per year.
As an alternative recommended action, City Council may choose to retain the current
service level at an annual (and increased) cost of $592,130. In order to do so, staff will
need to amend the existing agreement with EBM to adjust the scope of work and to
increase the not -to -exceed amount by $1,070,500 so as to allow work to continue until
the expiration date of May 2021. It should also be noted that while this enhanced service
level has significantly reduced the number of complaints received prior to February 2019,
this service level is not fully in line with the overall cleanliness expectations for public
restrooms as staff continues to receive complaints. Additionally, an upward budget
adjustment of $280,000 (as described above) will still be needed to retain the existing
service levels as staff was planning for the approval of new contract and associated
budget amendment to remedy the current underfunding.
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).
ATTACHMENTS:
Attachment A —Three-year Service Contract with Ed Building Maintenance Services
(EBM)
Attachment B —Exhibit of City Beach and Park Restroom Facilities Covered by EBM
Service Contract
Attachment C — Budget Amendment
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ATTACHMENT A
JANITORIAL SERVICES AGREEMENT
WITH ED BUILDING MAINTENANCE SERVICES FOR
PARK & BEACH RESTROOM PORTERING AND PAPER GOOD DELIVERY
SERVICES
THIS JANITORIAL SERVICES AGREEMENT ("Agreement") is made and entered
into as of this 13th day of August, 2419 ("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 Dr., Suite 249, Diamond Bar, CA 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 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:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on August 31, 2022, 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 Two Million Four Hundred Fifteen Thousand Dollars and 00/100
($2,415,000.00), without prior written amendment to the Agreement.
4.2 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.
ED BUILDING MAINTENANCE SERVICES Page 2 19-7
4.3 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.
4.4 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.
5.1 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.
This Agreement will be administered by the Public Works Department. City's
Fleet/Facilities Manager or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project 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.
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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,
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
ED BUILDING MAINTENANCE SERVICES Page 4 qg_g
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 orwillfui 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
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 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.
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.
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1 2. 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
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.
ED BUILDING MAINTENANCE SERVICES Page 6 19-11
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
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.
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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") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
22.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor
shall conform to all requirements therein. 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: Fleet/Facilities Manager
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1758
Newport Beach, CA 92658
23.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
ED BUILDING MAINTENANCE SERVICES
23535 Palomino Dr., Suite 249
Diamond Bar, CA 91755
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
ED BUILDING MAINTENANCE SERVICES Page 8 19-13
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 of seq.).
25. TERMINATION
25.1 In the event that either party tails 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.
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
ED BUILDING MAINTENANCE SERVICES Page 9 19-14
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.
27.5 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 19-15
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 19-16
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNE 'S OFFICE
Date:awig
By: 1&_ _
,,,--Aaron C. Harp �
City Attorney 01
ATTEST:
Date:
M
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date-
ate:
By-
By:
Diane
Diane B. Dixon
Mayor
CONTRACTOR: ED BUILDING
MAINTENANCE SERVICES, a California
General Partnership
Date:
By.
Billie Alexander
Partner
Date:
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 19-17
EXHIBIT A
SCOPE OF SERVICES
ED BUILDING MAINTENANCE SERVICES Page A-1 19-18
SCOPE OF SERVICES
PART I: PARK AND BEACH RESTROOM CLEANING
Contractor shall provide all the labor, materials, supplies, equipment, cleaning services,
expertise and supervision necessary to perform detailed janitorial services for the City's
public restrooms at the specified parks and beaches facilities in clean and serviceable
conditions at all times.
Contractor shall provide a cleaning plan that includes a schedule detailing the methodology
for visually inspecting, cleaning, and restocking restrooms on a daily basis, year-round. Daily
janitorial services shall include, but are not limited to:
1. Removing trash in restroom, in trash containers, and outside perimeter including
planters.
2. Sweeping adjacent outside ramps and walkways.
3. Hose down interior floors of all facilities.
4. Sweeping, cleaning, and mopping all floors with an antibacterial disinfectant cleaner.
a. Clean mop water will be used for each separate facility.
b. Liquid floor drain maintainers will be used weekly.
5. Cleaning floor drain tops and troughs of all debris.
6. Cleaning, sanitizing, and towel -drying drinking fountains and removing
encrustations.
7. Cleaning and sanitizing all toilets, urinals, and sinks.
a. Stainless -steel sinks will be polished so that all visible stains are removed.
b. Sprayable bacteria digester will be used in area surrounding urinals and
men's toilets.
c. Liquid uratic salt remover will be used in urinals weekly.
d. Urinal deodorizer screens will be replaced monthly.
e. Toilets and urinals will be unclogged as needed.
8. Dusting, cleaning, and drying restroom fixtures.
9. Sweeping and cleaning shower areas.
a. Outdoor showers will be shoveled and swept of sand, and hosed down as
needed.
b. Interior showers will be cleaned and detailed
10. Cleaning and refilling all dispensers for soap, toilet paper, paper towels and seat
covers on each visit.
11. Cleaning partitions and walls.
12. Utilizing long- lasting, spray liquid fragranced air freshener;
19-19
13. Removing small graffiti incidents with a graffiti removal product. Larger graffiti
incidents shall be reported to Project Administrator immediately.
14. Power -washing and applying disinfectant and deodorizer to ceiling, walls, floors, and
drainage troughs (monthly detail only).
15. Prior to entering restrooms, Contractor personnel small announce who they are and
that they are there to clean the restrooms. Signs shall be posted stating that the
restrooms are being cleaned. Signs shall be posted where they will inhibit patrons
from entering the restrooms.
16. 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.
17. Perform all related routine, recurring or usual duties as directed by City's Project
Administrator.
Contractor will open and close the following restroom locations DAILY:
a. Sunset Ridge Park
b. Lighthouse Park
c. Channel Park
City shall issue keys and/or codes as necessary for access to facilities and storage areas.
Contractor shall assume full responsibility for theft or loss of said keys and codes and shall
pay for re- keying and /or re- programming all locks operated by these keys and /or in such
event. Keys shall not be duplicated. Contractor shall lock storage doors and close all
entrance gates (or other such security restraints) when leaving the facility.
Contractor shall purchase and provide ALL materials for all restrooms listed in Appendix A
(Le. soap, toilet paper, bacteria digester, uratic salt remover, deodorizer screens, fragranced
air freshener, etc...) All cleaning supplies, materials and tools used in the performance of
this agreement shall be of good commercial quality, and must be approved by the Project
Administrator prior to use. Mop water shall be emptied properly after each cleaning. Pipe
chase shall be clean and organized. If any products used by the Contractor contain
materials on the Cal OSHA List of Hazardous Substances, the Contractor shall provide a
material data safety sheet MSDS) (OSHA form 20) to the Project Administrator.
The following products meet the minimum material standards established for performance of
this work. Project Administrator may approve the use of an equivalent alternative product.
1. All- Purpose Cleaner: Fast Act
2, Toilet/ Urinal Cleaner /Disinfectant: Comet Cleanser
3. Drinking Fountain Cleaner /Disinfectant: Comet Cleanser
4. Stainless Steel Cleaner: Any Lemon Oil
5. Lemon oil
6. CRC Graffiti Remover (Grainger)
7. Biatron (United Labs)
8. Liquizime (United Labs)
9. Kleen Out
19-20
10. ESA Urine Lime clear (United Labs)
11. Mango Deod
12. Mango Enzyme+
13. HVY Duty Crew bawl clean
14. Kleen White bowl clean
15. Waxie Green General Purple Clean (or Degreaser)
16. Kleen Brite
17. Urinal Screens
18, Toilet Paper — Acclaim
19. Hand Soap - Waxie Clear Tone (4/case)
20. Waxie Mango Air Deodorizers (6/case)
21. Brite Boy Metal Polish (12/case)
22. 100% Cotton Rags
23. Waxie Nylon Scouring Pads (20/box)
24. Waxie Lemon Oil High -Gloss Furniture Polish (121case)
25. Waxie Kleen Out Drain Opener (121case)
26. Waxie Fast Act All -Purpose Cleaner (41case)
27. Waxie Kleen Pine General -Purpose Cleaner (4/case)
28. Clorox Bleach (3/case)
29. Waxie Kleen White Emulsion Bowl Cleaner (121case)
Any unauthorized usage of the above items by the Contractor will be grounds for immediate
termination of the contract. Contractor shall be fully responsible for any and all damage
done to City property, equipment, or other property of the public premises that result from
the Contractor performing contract services.
Restroom conditions considered to be potentially hazardous to the public (including broken
windows, vandalism, and for facility damage), encampments, stored personal belongings,
or other identified items shall be noted and a description as identified by the Contractor
during the normal inspection and cleaning process, shall be reported to the Project
Administrator. Any plumbing, flooding and electrical issues should be reported to City staff
immediately.
It shall be understood that in addition to these services, all tasks incidental to cleaning
functions not specifically listed but normally included in general janitorial practices will be
provided.
Staffing and Vehicles
All contract services shall be performed by competent and experienced employees who
shall be neat in appearance and in uniforms as approved by the Project Administrator when
performing contract services. Contractor personnel shall be identified by uniform, badges or
patches depicting the name of the organization of employment. Contractor shall ensure that
there is at least one (1) English - speaking employee working in any cleaning crews.
Additionally, every cleaning crew must have at least one (1) female, including the roving
crew. Contractor shall perform a background check on all personnel and submit those
results to the Project Administrator for approval at least fifteen (15) days prior to the
commencement of that employee performing contract services.
19-21
Contractor is required to maintain an office within a thirty (30) minutes response time of the
job site and provide the office with phone service during normal working hours. The
Contractor shall provide an organization chart or listing of staff detailing the personnel
assigned to perform or supervise contract services.
All vehicles and equipment used in conjunction with the work shall be clean in appearance
and in good working order. When performing contract services these vehicles shall, at all
times, bear identification signs, provided by the Project Administrator, that the contractor is
performing services for the City. All vehicles shall be inspected and approved by the
contract administrator prior to performing contract services. Each vehicle shall display
"Under Contract with the City of Newport Beach" or similar signage.
Working Hours
Contractor shall provide a work force sufficient to complete the work specified herein.
Facilities requiring an additional same day second cleaning shall not receive this
second cleaning less than five (5) hours after the first cleaning.
Additional cleanings may be needed in excess of the normal schedule. Contractor shall
complete additional same-day cleanings within 2 hours of callback.
Monthly Detail Cleanings
Contractor will be required to perform one (1) detail cleaning per month for all locations
listed in Appendix A.
This detail cleaning shall include:
1. Thorough power washing and scrubbing of floors.
2. Thorough scrubbing of walls. toilets, and urinals.
3. Cleaning of floor troughs.
4. Clearing of drains.
5. Ceilings cleaned of cobwebs, grime, paper and other items.
6. Ventilation ducts to be dusted and cleared of all obstructions.
7. Application of deodorizer and disinfectant to walls, ceiling, floors, and drainage
troughs.
Daily Cleaning Schedule
1. Low -Use Facilities: All low -use facilities {see Appendix A) will be cleaned in 2 -
person teams twice per day, including holidays, year-round. The first cleaning at all
locations shall be completed between 5:00 am and 10:00 am for each scheduled day
unless otherwise authorized by the Contract Administrator -
19 -22
2. High -Use Facilities: All high -use designated facilities (see Appendix A) will be
cleaned in 2 -person teams per the following:
a. November 1St— February 28th
i, Two cleanings per day
1. First cleaning each day completed by 7:00 am
2. Second cleaning each day completed between 12:00 pm —
4:00 pm
b. March 1St —October 315=
i. First cleaning each day completed by 7:00 am
ii. Between the hours of 11:00 am to 7:00 pm (weekend and holiday
hours will vary as determined by the Project Administrator) roving
crew(s) consisting of 2 -people per team (one must be a female) shall
complete as many cleanings as needed for all locations designated
as high -use in Appendix A. Note: Each location may need more than
three cleanings during this S hour period. At least 4 teams will be
needed.
BEFORE SUBMITTING A PROPOSAL, it will be the responsibility of the contractor to visit
each location, park & beach restroom facility, play area or landscaped site, to determine the
work to be done. A map has been included at the end of this scope of services, with a list of
the addresses for all 34 locations located in Appendix A.
PART II: DELIVERY OF PAPER PRODUCTS
Deliver all paper products to locations identified in Appendix A.
o Frequency: Three times per week.
o Products to be delivered: several cases of each product will be purchased by
the City each month and will be subsequently delivered by the Contractor.
Product types include the below and substantially similar items:
■ Acclaim toilet paper jumbo rolls (Only Beach and Park restrooms)
■ Angel soft plus toilet paper (Only at Balboa Yacht Basin, Balboa Pier's
portable trailer stalls in summer, and Civic Center Park)
Clear Tone hand soap (Only Beach and Park restrooms)
■ One Snot hand soap (Only Civic Center, and Civic Center Park
restrooms)
o Paper Delivery Schedule: Year Round.
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
o Note: roving crews are to replace paper products as -needed during their
continuous cleanings.
19-23
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City of Newport Beach - Public Works (Corp. Yard) [{fYa G1515Dipor}eeacn
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19-24
Newport Beach includes more than eight miles of beaches that stretch from the Santa Ana River jetty to Crystal Cove State
Park and border Newport Bay. All ocean and bay front beaches are open to the public from the hours of 6 a.m. until 10 p.m.
Crystal Cove State Park beaches close atsxsEt
High -Use Facilities
1.
15th Street Beach
2,
19th Street Beach
1511 St/Oceanfront W
1911, StAN Bay Ave
3.
38th Street Park
4.
58th Street Park
3600 Balboa Blvd
5800 Seashore Dr.
5,
Balboa Island Ferry Landing
6.
Balboa Island Fire Station
501 S Bay Front (and Agate Ave)
124 Marine Ave
7.
Balboa Pier/Peninsula Park
8.
Balboa Yacht Basin
801 East Oceanfront (A St and Oceanfront
829 Harbor Island Dr
25.
E)
26.
Cliff Drive Park
9.
Buck Gully (Little Corona)
10.
Channel Park
27.
214 Glen Dr
28.
4402 Channel Place
11.
Corona Del Mar Main State Beach East
12.
Corona Del Mar Main State Beach West
29.
3031 Ocean Blvd
30.
2905 Ocean Blvd
13.
Marina Park Lighthouse
14.
Newport Pier
31.
1700 Balboa Blvd W
32.
72 McFadden PI
15.
Washington Street
16. West Newport Park
1550 Crown Dr N
208 Washington St
Seashore Dr. and Orange St -
Low -Use Facilities
17.
Arroyo Park
18,
Bob Henry Park
1411 Bayswater Dr
900 Dover Dr
19.
Bonita Canyon Sports Park
20.
Bonita Canyon Sports Park
1641 Ford Rd
1880 Ford Rd
21,
Bonita Canyon Sports Park
22.
Bonita Creek Park
1900 Ford Rd
3010 La Vida
23.
Buffalo Hills Park North
24.
Buffalo Hills Park South
1891 Port Provence PI
1910 Port Carney PI
25.
Civic Center Park'
26.
Cliff Drive Park
100 Civic Center Dr
298 Riverside Ave
27.
Coastal Peak Park
28.
Eastbluff Park
20403 East Coastal Peak
2401 Vista Del Oro
29.
Grant Howald Park
30.
Irvine Terrace Park
3000 511 Ave
721 Evita Dr
31.
Mariners Paris
32.
San Joaquin Hills Park
1300 Irvine Ave
1550 Crown Dr N
19-25
33. San Miguel Park 34. Sunset Ridge Park
2200 San Miguel 4$50 Coast Hwy W
' Civic Center Park cleaning occurs on weekendslholidays only.
19-26
EXHIBIT B
SCHEDULE OF BILLING RATES
E❑ BUILDING MAINTENANCE SERVICES Page B-1 19-27
EXHIBIT B
BILLING RATES
High -Use Facilities Daily Cleanings
a. Note: Monthly detail cleanings for each restroom are included in the pricing below.
19-28
Summer Monthly
Winter Monthly
Rate
Rate
Toilets &
(March 1 -October
(November 1 -
Address
Urinals
31)
February 28
15th Street Beach
15th StlOceanfront W
T -15/U-1
$ 2,232.04
$ 1,922.00
19th Street Beach
19th StlW Bay Ave
T -3/U-1
$ 2,232.00
$ 1,922.00
38th Street Park
3600 Balboa Blvd
T-31 U-1
$ 2,232.00
$ 1,922.00
58th Street Park
5800 Seashore Dr.
T -6/U-1
$ 2,232.00
$ 1,922.00
Balboa Island Ferry
Landing
501 Bayfront South
T-21 U-0
$ 2,232.00
$ 1,922.00
Balboa Island Fire
Station
124 Marine Ave.
T-21 U-0
$ 2,232.00
$ 1,922.00
Balboa Pier/Peninsula
801 East Oceanfront (A St
T-1 2/U-2
Park
and Oceanfront E
1 Shower
$ 2,232.00
$ 1,922.40
Balboa Pier Portable
Trailer
{"Five (6) Months in
842 East Oceanfront (A St
Summer Only*)and
Oceanfront E
T-3
$ 1,550.00
Balboa Yacht Basin
829 Harbor Island Dr.
T -9/U-1
$ 2,232.00
$ 1,922.00
Buck Gully (Little
Corona)
214 Glen Dr.
T -6/U-2
$ 2,232.00
$ 1,922.00
Channel Park
4402 Channel Place
T -6/U-1
$ 2,232.00
$ 1,922.00
Corona Dei Mark Main
T-1811-1-4
State Beach East
3031 Ocean Blvd
3 Showers
$ 2,232.00
$ 1,922.00
Corona Del Mar Main
State Beach West
2905 Ocean Blvd.
T-1 81U-4
$ 2,232.00
$ 1,922.00
Marina Park Lighthouse
1700 Balboa Blvd W
T-31 U-1
$ 2,232.00
$ 1,922.00
T -18/U-4
Newport Pier
72 McFadden PI
3 Showers
$ 2,232.00
$ 1,922.00
Washington Street
208 Washington St.
T -8/U-3
$ 2,232.00
$ 1,922.00
Seashore Dr. and Orange
West Newport Park
St.
T -6/U-1
$ 2,232.00
$ 1,922.00
Total Rates
Per Month $ 37,262.00
$ 30,752.00
(Total Monthly
(Total Monthly
Total Annual Summer bate x 8
Winter Rate x 4
Rates: months)
months)
$ 123,008.00
$ 298,096.00
19-28
Low -Use Facilities Daily Cleanings
a. Note: Monthly detail cleanings for each restroom are included in the pricing below.
Restroom
Address
Toilets & Urinals
Year -Round
Monthly Rate
Arroyo Park
1411 Bayswater Dr.
T -3/U-2
$ 1,674.00
Bob Henry Park
900 Dover Dr.
T -6/U-2
$ 1,674.00
Bonita Canyon Sports Park
1641 Ford Rd.
T -6/U-2
$ 1,674.00
Bonita Canyon Sports Park
1880 Ford Rd.
T -6/U-2
$ 1,674.00
Bonita Canyon Sports Park
1900 Ford Rd.
T -6/U-2
$ 1,674.00
Bonita Creek Park
3010 La Vida
T -4/U-2
$ 1,674.00
Buffalo Hills Park North
1891 Port Provence PI
T -3/U-1
$ 1,674.00
Buffalo Hills Park South
1910 Port Carney PI.
T -3/U-1
$ 1,674.00
Civic Center Park
(*Weekends/Holidays
only*)
100 Civic Center Dr.
T -10/U-2
$ 432.00
Cliff Drive Park
298 Riverside Ave.
T-3 / U-0
$ 1,674.00
Coastal Peak Park
20403 East Coastal Peak
T -6/U-2
$ 1,674.00
Eastbluff Park
2401 Vista Del Ora
T -6/U-1
$ 1,674.00
Grant Howald Park
3000 Sth Ave.
T -6/U-1
$ 1,674.00
Irvine Terrace Park
721 Evita Dr.
T-3 / U-1
$ 1,674.00
Mariners Park
1300 Irvine Ave
T -6/U-2
$ 1,674.00
San Joaquin Hills Park
1550 Crown Dr. N
T -2/U-0
$ 1,674.00
San Miguel Park
2200 San Miguel
T-3 / U-1
$ 1,674.00
Sunset Ridge Park
4850 Coast Hwy W
T -6/U-2
$ 1,674.00
Total Rate per
Month:
$ 28,890.00
Total Annual
Rate (x12):
$ 345,680.00
19-29
Summary of All Charges
IV. As -Needed Cleanings
As -Needed Hourly
Cleaning Rate $ 21.00 Per Hour
TOTAL NOT TO EXCEED: $2,415,000.00
19-30
Summary of Charges
Monthly Cost
Description
Annual Total
High -Use Facilities Daily
$37,262.00
$298,096.00
Cleanings — Summer
(g months)
High -Use Facilities Daily
$30,752.00
$123,008.00
Cleanings — Winter
(4 months)
Low -Use Facilities Daily
$28,890.00
$346,680.00
Cleanings — Year Round
(12 months)
Paper Product Delivery
$3,000.00
$36,000.00
(12 months
TOTALS
$99,904.00 Monthly
$803,784.00 Annually
IV. As -Needed Cleanings
As -Needed Hourly
Cleaning Rate $ 21.00 Per Hour
TOTAL NOT TO EXCEED: $2,415,000.00
19-30
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCEIREPAIRIJANITORIAL 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 19-31
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 reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (00) calendar days advance
written notice of such change. If such change results in substantial
ED BUILDING MAINTENANCE SERVICES Page C-2 19-32
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 Agreement 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 19-33
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.
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 19-34
e 0 2,450 4,900
Feet
UPPER
NEWPORT`
BAY
0MIRM
-* • LIDO E ..
•
NEW
PORT• •%ir • PARK A
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'S0
FASHION
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----- BALBOA ISLAND � �
vuatAru�u�:Aau � • e�VO ,'',,,'�I,
EAST
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l
PACIFIC OCEAN 99
•
Buck Gully
Poi
Buffalo Hills
ParkSouth
NEWPORT
CRYSTAL COVE
STATE PARK
Public Restrooms
City of Newport Beach - Public Works (Corp. Yard)
COAST
Attachment B
9 Restrooms t# at each location)
15th Street (1)
19th Street (1)
38th Street (1)
58th Street (1)
Arroyo Pa rk(1)
Balboa Island Ferry (1)
Balboa Island Fire Station (Restroom) (1)
Balboa Pier/Peninsula Park (1)
Balboa Yacht Basin (1)
Bob Henry Park (1)
Bonita Canyon Sports Park (3)
Bonita Creek Park Restrooms (1)
Buck Gully (1)
Buffalo Hills Park North (1)
Buffalo Hills Park South (1)
Channel Place Park (1)
Civic Center Park (1)
Cliff Drive Park & Comnunity Center (1)
Co.st.l Peak Park (1)
Corona Del Mar State Beach (2)
E.stbluff Park (1)
Grant Howald Park (1)
Irvine Terrace Park (1)
Marina Park Lighthouse (1)
Mariners Park (1)
Newport Pier (1)
San Joaquin Hills Park & Lawn Bowling Center (1 )
San Miguel Park (1)
Sunset Ridge Park (1)
Washington S,reet(1)
Wes, Newport Park (1)
RD
O
CRYSTAL COVE
STATE PARK
olfNBG°S
NEWPORT REACH
City of Newport Beach
GIS Division
April 08, 2019
19-35
City of Newport Beach
_ BUDGET AMENDMENT
C9C F00.N`P 2019-20
Department: Public Works
Requestor: Angela Crespi
❑ CITY MANAGER'S APPROVAL ONLY
❑� COUNCIL APPROVAL REQUIRED
ONE TIME: Elves El✓ No
ATTACHMENT C
BA#: 20 -007 -CC
Approvals
Prepared by: Amy Lewis Mayfield
Finance Director:
City Clerk: Date
Date
EXPLANATION FOR REQUEST:
To increase expenditure appropriations from the General Fund unappropriated fund balance and transfer Dram existing budget appropriations
appropriations within Public Works Operating budget to be used towards a janitorial services agreement with Ed ❑from additional estimated revenues
Building Maintenance
Drom unappropriated fund balance
REVENUES
Fund # Org Object Project
Description Increase or Decrease $
EXPENDITURES
Fund # Or Object Project
Subtotal
Description Increase or Decrease $
_
010 811031
_
Refuse - Beach_Trashcan Collection ($140,000.00)
_01090901 _
010 0109041 811012
_ _
Facility Maintenance - Services Janitorial $490,000.00
FUND BALANCE
Fund # Object Description
Subtotal s$350,000.00
Increase or Decrease $
1010
_ _ _
300000 General Fund -Fund Balance Control
_ _ Y
($350,000.00)
j
i
--------------- -------------------------
Subtotal — _-----.$350,000.00))
Fund Balance Change Required
19-36