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HomeMy WebLinkAbout12 - Agreement with Advanced Building MaintenanceCity Council Agenda Item 12 June 27, 2000 COMMUNITY SERVICES DEPARTMENT Arts £t Cultural - Library - Recreation - Seniors To: Mayor and Members of City Council From: LaDonna Kienitz, Community Services Director /City Librarian Re: Agreement with Advanced Building Maintenance RECOMMENDATION Approve the attached contract with Advanced Building Maintenance for janitorial services of the City community centers during FY 2000/01. BACKGROUND The City Budget for FY 2000/01 provides for the transfer of funds from General Services to the Recreation Division budget of the Community Services Department, to provide janitorial and maintenance services of the eleven City community centers. The funding package includes the transfer of one Building Maintenance Worker, vehicle and supply funds. Within the Community Services Department, these facilities will be maintained in the same manner as the other Community Services facilities, i.e., OASIS and the libraries, by a combination City staff and contracted services. The buildings must be maintained seven days a week to provide adequate service to the public and programming within the facilities. The buildings also have public restrooms that are open seven days a week. The contract with Advanced Building Maintenance represents that portion of the work outsourced to a service company, with a cost of $5,370 per month, beginning July 1, 2000. The contract was reviewed and revised by the City Attorney's office. It includes a thirty (30) day cancellation clause. Requests for proposals were sent to five firms. Responses were received from three. Advanced Building Maintenance was the lowest bidder. AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND ADVANCED BUILDING MAINTENANCE COMPANY FOR BUILDING MAINTENANCE THIS AGREEMENT is made and entered into this 28th day of June 2000 by and between the CITY OF NEWPORT BEACH, a municipal corporation hereinafter called the "City" and ADVANCED BUILDING MAINTENANCE COMPANY hereinafter called the "Contractor ;" RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the charter of the City; B. Contractor is a corporation, organized and existing pursuant to the laws of the State of California; C. The City desires to engage Contractor to provide building maintenance services within the City of Newport Beach upon the terms and conditions contained in this agreement; and D. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor and desires to contract with Contractor under the terms and conditions provided in this agreement. NOW THEREFORE, it is mutually agreed by and between City and Contractor as follows: Term. The term of this Agreement shall commence on July 1, 2000 and shall terminate on June 30, 2001 unless extended pursuant to mutual agreement of the parties, or terminated earlier as set forth in this agreement. 2. Services to be Performed. Contractor shall diligently perform the following building maintenance services and duties: As detailed on pages 5 -9 attached Specifications as provided to Contractor for proposal and incorporated herein. 3. Compensation to Contractor. The City agrees to pay the Contractor the sum of Five Thousand Three Hundred Seventy Dollars ($5,370.00) per month for the described City building maintenance. Contractor shall be compensated a flat rate of Fifteen Dollars ($15) per hour for call backs. 3.1. Contractor shall not receive any compensation for extra services performed without authorization of Andrea McGuire, Sr. Recreation Manager or LaDonna Kienitz, Community Services Director /City Librarian. Any authorized compensation 1 of 9 shall be paid in accordance with the hourly cost for services described in paragraph 3 above. 3.2. Contractor shall submit monthly invoices to City payable by City within thirty (30) days of receipt of the invoice. 4. Standard of Care. All of the services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the professional personnel required to perform the services required by this Agreement and it will perform all services in a manner commensurate with professional standards. Contractor has, or shall obtain and maintain all licenses, permits, qualifications and approval required to provide the services described in this Agreement. 5. Independent Contractor. City retains Contractor on an independent contractor basis and Contractor is not an employee of the City. Nothing in this Agreement shall be deemed to constitute Contractor or any of Contractor's employees or agents, or personnel which provide building maintenance services under this Agreement to be the agents or employees of City. Contractor has a responsibility for and control over the details and means of performing the work provided that consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Contractor or Contractor's personnel to the details of the performance of services or to exercise a measure of control over Contractor shall mean that Contractor shall follow the desires of City only in the results of the services. Contractor shall provide personnel to building maintenance activities and to ensure that personnel are providing the required services at the required places and times and in accordance with this Agreement. 5.1. City and Contractor shall cooperate in scheduling hours and crew for building maintenance. City has the power to add to, delete from or revise work schedules /locations at any time depending upon need. The Contractor shall provide a regularly scheduled crew with supervisor seven (7) days per week. 6. Contract Representatives. The City's representative in dealing with the Contractor shall be Andrea McGuire or her designate. 7. The Contractor shall at all times provide worker's compensation insurance covering its employees, and shall provide and maintain liability insurance for all maintenance activities. The Contractor will provide to the City a Certificate of Insurance naming City, its officers and employees as an additional insured. Such insurance shall include commercial general liability by an insurance company certified to do business in the State of California, 2 of 9 with Best's A VII or better carriers, unless otherwise approved by the City's Risk Manager. Coverage shall be a minimum combined single limit of not less than $1,000,000.00 per occurrence and in aggregate for property damage and bodily injury. Such insurance shall be primary with respect to any insurance maintained by the City and shall not call on the City's insurance contributions. Such insurance shall be endorsed for contractual liability and personal injury and shall include the City, its officers, agents and interest of the City. Such insurance shall not be cancelled, reduced in coverage or limits or non- renewed except after thirty (30) days written notice by Certified Mail, Return Receipt Requested has been given to the City Manager, or designee for the City of Newport Beach. 8. Contractor agrees to indemnify the City, its officers, employees and agents against, and will hold and save each of them harmless from, any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts or intentional tortious acts, errors, or omissions of Contractor, its agents, employees, subcontractors, or invitee, provided for herein. a. Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses including attorney's fees incurred in connection herewith. b. Contractor will promptly pay any judgement rendered against City, its officers, agents or employees for any such claims, damages, penalties, obligations or liabilities. C. In the event City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the sole negligence of Contractor hereunder, Contractor agrees to pay City, its officers, agents, or employees, any and all costs and expenses incurred by City, its officers agents or employees in such action or proceeding, including, but not limited to, reasonable attorney's fees. 9. Either party shall have the right to cancel this Agreement without cause, at any time by giving thirty (30) days written notice to the other. 10. The Contractor shall not have the right to assign this Contract to any other person or firm except with the consent of the City. 3 of 9 11. In the event that this Agreement is extended beyond June 30, 2000, the compensation for services shall be established by mutual consent of the parties and written amendment of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF NEWPORT BEACH M John Noyes, Mayor COMMUNITY SERVICES DEPARTMENT LaDonna Kienitz Director /City Librarian ADVANCED BUILDING MAINTNANCE COMPANY 0 Michael J. Sullivan 4 of 9 City of Newport Beach Cleaning Specifications For Professional Cleaning Services Community Services Buildings 1. Project Background and Description The Community Services Department operates 11 Community Centers within the City of Newport Beach. Nine of these centers will require the services of a private cleaning service. A list of the Community Centers is attached (Attachment A). Community Services buildings are open seven days per week, 360 days per year from approximately 7 a.m. to 11 p.m. In most cases, outside restroom facilities are open 24 hours per day. 2. Scope of Services Contractor shall perform general cleaning services and provide and furnish all the labor, and equipment required for the cleaning of the buildings in this proposal. Specific services shall include: Bathrooms: • Shall be cleaned entirely including toilets, urinals, sinks and counters • All bright work shall be polished nightly • Supplies shall be restocked • Mirrors shall be cleaned and polished • Dust partitions, tops of mirrors and frames • Remove splash marks from walls around basins • Wipe towel and toilet paper dispensers • Wet Mop and rinse floors with disinfectant • Quarterly seal or wax floors Carpets and Floors in all Areas • All carpets shall be thoroughly vacuumed nightly • Vacuum all corners, edges, and beneath furniture weekly using special attachments to get into corners • All floors shall be swept and dry/wet mopped nightly • Wax or coat floors monthly, strip and wax twice per year • Carpet shall be spot- cleaned when and where needed. • Twice per year (as per agreed schedule) shampoo carpets, wax floors and clean blinds. 5 of 9 Trash • All trash shall be emptied and removed from receptacles inside the facilities and liners replaced. • Trash shall be removed from the site. Other Cleaning • Sweep doormats and exterior entrance area • Clean and disinfect all telephones and drinking fountains weekly • Dry polish drinking fountains • Remove fingerprints and marks from around light switches and door frames • Glass on entrance doors cleaned daily • Dust windowsills, doorsills and counter areas a minimum of once per week. • Clean and wipe counter areas and sinks in kitchenettes daily. Special Services • CYC only - Strip and wax floors a third time each year • Lincoln - bathrooms to be locked nightly after cleaning (after 10:30 p.m.) • Fitness room at West Newport - wipe equipment and dust weekly Special Requirements • Contractor shall be available on a 7 -day per week basis for emergency cleaning between hours of 7 a.m. and 9 p.m., with ability to respond within one hour. The City of Newport Beach billed separately for any emergency calls. • A minimum of one per month site inspections with a supervisor and Community Services staff. • Night manager shall be available and on call if there are problems with opening /closing facilities. • Janitor closets, equipment and materials shall be kept in a neat, clean and orderly condition. • City will purchase paper supplies (towels, toilet paper and seat covers) and trash bags. Cleaning company supplies liquid soap (Superior Hand soap by Waxie or equal brand authorized by Recreation personnel), urinal screens and other cleaning supplies as needed including buffing pads, cleaning polish, wax and floor cleaning solutions. • Holidays - Locations with ' require bathrooms to be serviced on holidays except Thanksgiving, Christmas and New Year's. 6 of 9 3. Schedule and Frequency 1. Bonita Creek Community Center - 1a. Community Room - Tuesday, Friday, Saturday, Sunday, Monday (after 1 Op. m. before 7 a. m.) 1 b. Bonita Creek Bathrooms* - Every day 2. Carroll Beek Community Center and Bathrooms - Monday, Tuesday, Wednesday (after 10, before 7 a.m.) 3. Cliff Drive Park Community Center and bathrooms - Friday, Saturday after 10 p.m. 4. Community Youth Center and bathrooms* - Daily (seven days per week) after 11 p.m. and before 7 a.m. 5. Lawn Bowling Center Bathrooms* - Saturday and Sunday, anytime 6. Lincoln Gymnasium and Bathrooms* - Daily (seven days per week) after 11 p.m. and before 6 a.m. 7. Theater Arts Center - Thursday, Friday, Saturday and Sunday, Midnight to 10 a.m. 8. Mariners Outdoor Bathrooms* - Daily after 10 p.m. 9a. Classrooms Sunday and Tuesday 9b. Gymnasium and Locker Rooms - Daily after 11 p.m. 9c. Fitness Room - Once per week 4. Contractor's Representative Contractor shall assign a primary representative and alternate to oversee the implementation of the contract and serve as primary contact including a once per month on -site inspection with Community Services staff. 5. Additional Contractor Responsibilities Contractor is required to have a City of Newport Beach business license. Contractor is required to certify awareness of the provisions of Section 3700 of the Labor Code that requires every employer to be insured against liability for Workers' Compensation. Without limiting contractors indemnification of City, and prior to commencement of work, Contractor shall obtain and provide and maintain at its own expense during the term of the Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Contractors services as described herein. 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 Bests Key Rating Guide: unless otherwise approved by the City Risk Manager. A. Workers compensation insurance covering all employees and principals of Contractor, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Contractor in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior notice has been given in writing to City. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of Contractors operation hereunder. 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. Contractor agrees that, in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right of subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor shall not assign, sublease, hypothecate or transfer this Agreement or any for the services to be performed, directly or indirectly, by operation of law or otherwise without prior written consent of City. Contractor must pay all payroll taxes and comply with all federal, state and city regulations. Contractor is responsible for securing all buildings and reporting any building damage, vandalism or other repairs needed within 8 hours. 6. City Responsibilities The City shall provide the following to assist the Contract with the services it provides: Keys to buildings in proposal Paper products and trash can liners A schedule of available hours for cleaning A closet in each facility where paper products and cleaning supplies can be stored A city staff person for monthly inspections 24 hour contact person for emergencies List of Community Centers Item Community Center Address Sq. %of Carpet /floor # Foot 1 Bonita Creek CC University Drive ft 2,876 30% carpet /70% LaVida floor 1a Bonita Creek Outside University Drive & Inc. 100% floor Bathrooms LaVida above 2 Carroll Beek CC 115 Agate, Balboa 1,800 100% floor Island 3 Cliff Drive CC 301 Riverside 850 100% floor Drive Cliff Drive Outside 301 Riverside 152 100% floor Bathrooms Drive 4 CYC 3000 Fifth Street 5,850 15% carpet, 85 %floor 5 Lawn Bowling Center Outside 2900 Crown 200 100% floor Bathrooms 6 Lincoln Athletic Center 3101 Pacific View 7,300 100% floor Drive 7 Newport Theater Arts Center 2501 Cliff Drive 7,800 50% carpet /50% floor 8 Mariners outside bathrooms Dover at Irvine 1,820 1005va floor Drive 9 West Newport CC 883 West 15th 11,960 20% carpet /80% a,b,c Street floor 9 of 9