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HomeMy WebLinkAbout06 - Library Facility Janitorial Services AgreementCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda item No. b October 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Library Services Department Cynthia Cowell, Library Services Director 949- 717 -3810 or ocowell @newportbeachca.gov SUBJECT: Janitorial Services Contract Approval of Professional Services Agreement with Progreen Building Maintenance, Inc. for Library Facility Janitorial Services Recommendations: Approve a Professional Services Agreement with Progreen Building Maintenance, Inc., of Whittier, CA, for Janitorial Services at a not to exceed price of $6,384.80 per month and authorize the Mayor and City Clerk to execute the Agreement. Discussion: Seven (7) firms were invited to submit proposals to provide janitorial services. Five (5) firms responded to the City's request for proposals: • Comeland Maintenance Company • Bergenson's Property Services, Inc. • New World Service • Progreen Building Maintenance, Inc. • Metro Services, Inc. The proposals were independently reviewed to evaluate each firm's qualifications, past experience on similar projects, and availability before ranking Progreen Building Maintenance, Inc. the highest. Upon selection, staff negotiated with Progreen Building Maintenance, Inc. to provide the necessary scope of services for a fee of $6,384.80 per month. Progreen Building Maintenance, Inc. has completed janitorial services competently and professionally on similar projects for other local agencies in Southern California. The scope of janitorial professional services will include thorough cleaning of the four (4) Library facilities in Newport Beach as specified in the request for proposal no. 5-1. These specifications include nightly cleaning at the Central Library as well as the services of a Janitorial Services Contract October 13, 2009 Page 2 day porter four (4) days a week; cleaning of the Mariners Branch Library nightly; cleaning of the Balboa Branch Library six (6) nights a week and cleaning at the Corona del Mar Branch Library five (5) nights a week Progreen will commit 444.6 hours per month to complete the janitorial services specified by the contract. Aside from the monthly charge of $6,384.80, this contract will also include emergency services with a guaranteed two (2) hour response time at a set fee of $17.50 per hour. This contract period will be from October 1, 2009 until June 30, 2011, renewable for three (3) additional years, in one -year increments. Funding Availability: There are sufficient funds available in the following accounts for the project: Account no. 4020 -8181 4030 -8181 4040 -8181 4050 -8181 Prepared by: It ted b Meli sa Kelly a Cowell Support Services Coordinator Library Services Director Attachment: Professional Services Agreement JANITORIAL SERVICE AGREEMENT WITH PROGREEN BUILDING MAINTENANCE, INC. FOR JANITORIAL SERVICES AT CITY'S PUBLIC LIBRARIES THIS SERVICE AGREEMENT, is made and entered into this day of , 2009 ( "Commencement Date ") by and between the CITY OF NEWPORT BEACH, a Municipal Corporation and Charter City ( "City "), and Progreen Building Maintenance, Inc., a California corporation located at 10834 E. Whittier Boulevard, Whittier, CA 90606 ( "Contractor "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City of Newport Beach. B. In May, 2009 the City issued a Request for Proposal ( "RFP ") seeking proposals from qualified janitorial and building maintenance companies to provide janitorial services at various locations for the City of Newport Beach Library Services Department. Contractor submitted the lowest responsible bid among the firms that responded to the RFP. C. City desires to engage Contractor to provide the janitorial services as outlined in the RFP and this Agreement (the `Project"). D. City has reviewed the previous experience of Contractor and desires to retain Contractor to render janitorial services under the terms and conditions set forth in this Agreement. E. Contractor acknowledges that City has relied upon Contractor's representations and Contractor commits to faithfully perform the services required by this Agreement and to perform the services in accordance with the terms and conditions set forth in this Agreement. F. Contractor has examined the location of all proposed work, carefully reviewed .and evaluated the specifications relative to the type and frequency of the work to be performed, is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Unless terminated earlier in accordance with Section 26 of this Agreement, the Term of this Agreement shall be for a period of two (2) years. The term shall commence within ten (10) working days of City Council approval of this Agreement and upon the City's receipt and approval of all required bonds and insurance. The term of this Agreement shall automatically be extended for three (3) additional one (1) year terms (automatic extensions) with the extensions to automatically commence upon the expiration of the initial term or any extended term, unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate this Agreement. Time is of the essence in the performance of services under this Agreement. 2. SCOPE OF SERVICES A. Contractor shall meet all the requirements and conditions specified in Exhibit A. Contractor shall perform the work and services at the locations as set forth in the Scope of Work attached hereto as Exhibit B at the provided Bid Unit Prices and Costs contained in Exhibit C. All of these Exhibits are considered to be a part of, and are incorporated into, this Agreement by reference. B. As a material inducement to the City for entering into this Agreement, Contractor warrants that all work and services to be provided hereunder shall be performed in a competent, professional and satisfactory manner by an adequate level of staff with the appropriate level of training. Contractor covenants that it shall follow the highest professional standards in performing the work and services and that all equipment and supplies used will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. 3. PERSONNEL REQUIREMENTS AND SUPERVISION A. The Contractor shall have present on the job at all times during the working hours a competent Supervisor, who shall be responsible for adherence to the specifications outlined in the Scope of Services and the cleaning requirements set forth in Exhibit A. The Supervisor shall be able to communicate effectively in the English language (both orally and in writing). Prior to the commencement of work, Contractor shall submit to the Library Services Director for prior approval the name of the person intended to be employed as Supervisor for the duration of the contract, along with his qualifications and past experience. The Supervisor shall be required to report regularly to the Library Services Director or his or her designee, as necessary to review cleaning requirements and deficiencies. B. All contract services shall be performed by competent and experienced employees. The Contractor shall comply with all state and federal legal requirements regulating the right to work in the United States of America to ensure that all members of the work force have the legal right to ProGreen Building Maintenance, Inc. Page 2 perform work under this Agreement. Contractor shall make any records related thereto available to the City within ten (10) days of receiving a written request for said records by the City. C. All supervisors and lead workers must be able to communicate effectively in English (both orally and in writing). Any order given to these supervisors or lead workers shall be deemed delivered to the Contractor. D. The City reserves the right to conduct a background investigation of any employee of Contractor and to require the Contractor to remove any employee whose performance is deemed unsatisfactory in the City's sole discretion. Persons employed by the Contractor who are found unsatisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days notice from the City. E. Contractor shall be responsible for compliance with all local, state, and federal laws and regulations regarding chemical usage. Contractor shall employ or retain, at its sole cost and expense, all professional and technical personnel necessary to properly perform contract services. F. All Contractor personnel working under this Agreement shall be neat in appearance. Contractor shall provide each employee with a uniform (shirt or blouse), as approved by the Library Services Director or his/her designee. All Contractor personnel shall wear identification badges or patches. G. All work shall be performed in accordance with the highest janitorial and building maintenance standards. H. Contractor shall provide an Operations Manager to coordinate work with the Library Services Director or his /her designee and ensure satisfactory performance of contract services. A supervisor shall coordinate work crews on a daily basis to ensure compliance with the terms of this Agreement. I. The City will periodically inspect all work performed by the Contractor. J. Contractor shall ensure there is no lapse in service. Complete cleaning services will be required on a regular schedule as set forth in Exhibit A. 4. LICENSES, FEES, PERMITS AND TAXES Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against ProGreen Building Maintenance, Inc. Page 3 any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 5. COMPLIANCE WITH ALL LAWS All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of the City and any Federal, State, or local governmental agency of competent jurisdiction. COMPENSATION TO CONTRACTOR City shall pay Contractor the sum of Six Thousand Three Hundred Eighty Four Dollars and 80/100 ($6,384.80) per month for a total not to exceed Seventy -Six Thousand Six Hundred Seventeen and 60/100 ($76,617.60) annually ( "Annual Contract Amount") to perform all the work and services contemplated by and described in Exhibits A through E, attached hereto and incorporated herein by reference. Payment for services shall be made to the Contractor once a month upon submission of an invoice explaining in sufficient detail the services performed. City shall pay invoices within thirty (30) days after approval of the invoice by the City. Payment shall be deemed made when deposited in the United States mail, first -class postage pre -paid, and addressed to Contractor as specified in Section entitled "Notices." Upon the second anniversary of the Commencement Date and upon each anniversary of the Commencement Date .thereafter, the Contract Amount shall be adjusted in proportion to changes in the Consumer Price Index, subject to the 2.5% maximum adjustment increase set forth below. Such adjustment shall be made by multiplying the original Contract Amount by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Commencement Date. For example, if the adjustment is to occur effective October 1, 2011, the index to be used for the numerator is the index for the month of July 2011 and the index to be used for the denominator is the index for the month of March preceding the Commencement Date. The "Consumer Price Index" to be used in such calculation is the Consumer Price Index, All Urban Consumers (All Items), for the Los Angeles Anaheim Riverside Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Contract Amount in effect immediately preceding such adjustment. No adjustment shall be made on the first anniversary of the Commencement Date. The maximum increase to the Contract Amount, for any year where an adjustment is made in proportion to changes in the Consumer Price Index, shall not exceed 2.5% of the Contract Amount in effect immediately preceding such adjustment. ProGreen Building Maintenance, Inc. Page 4 7. 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. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the services. 8. EQUIPMENT AND CLEANING SUPPLIES At its sole cost, the Contractor shall supply all necessary tools, equipment, and labor that may be necessary to perform the work outlined herein. Contractor shall also provide all cleaning materials and supplies, such as cleaners, liquid wax, liquid floor soap, seals, detergents, and disinfectants. All cleaning supplies and /or chemicals to be used on the job must be pre- approved by the City. Equipment used by the Contractor must be of commercial quality and in good working condition at all times. The City will furnish consumable items such as toilet paper, paper towels, toilet seat covers, sanitary napkins, disposable bags, and hand soap. However, Contractor shall provide trash liners, cleaning rags, and all other cleaning equipment. Contractor will be responsible for securing all City supplied items and refill containers and dispensers, and shall use a sign -out log for all City supplies. 9. REPAIR/REPLACEMENT A. The Contractor shall adopt reasonable methods to furnish continuous protection to City property and equipment to prevent loss or damage, and shall be responsible for all such damages, to persons or property, except such loss or damage as may be caused by City's sole negligence or willful misconduct. B. Contractor shall advise the Library Services Director of any damage to City equipment or property immediately upon becoming aware of the damage. C. Contractor shall repair, at its sole cost and expense, any damage to City equipment or property caused by Contractor or its agents, employees, representatives or officers. ProGreen Building Maintenance, Inc. Page ,5 10. FAMILIARITY WITH WORK AND WORK SITE A. By executing this Agreement, Contractor warrants that Contractor: (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor warrants that Contractor has investigated the sites listed in Exhibit B and is fully acquainted with the conditions there existing, prior to commencement of services hereunder. B. City and Contractor agree that City has made no representation regarding . the order or condition of any area or location for which Contractor is to provide services or that the site or location of work will be free from defects, apparent or hidden, at the commencement of, or at any time during the term of this Agreement. 11. HOLD HARMLESS To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and /or materials) or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, Contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and.liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. ProGreen Building Maintenance, Inc. Page 6 A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California; however, in no event shall the Employer's Liability Insurance be less than one million dollars ($1,000,000) per occurrence. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not ProGreen Building Maintenance, Inc. Page 7 less than one million dollars ($1,000,000) combined single limit for each occurrence. E. Endorsements. Each general liability, employer's liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided. by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Agreement. G. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. ProGreen Building Maintenance, Inc. Page 8 13. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT A. Contractor may not assign any right or obligation of this Agreement or any interest in this Agreement without the prior written consent of City. Any attempted or purported assignment without the consent of the City shall be null and void. Contractor acknowledges that these provisions relative to assignment are commercially reasonable and that Contractor does possess special skills, abilities, and personnel uniquely suited to the performance of contract services and any assignment of this Agreement to a third party, in whole or in part, could jeopardize the satisfactory performance of contract services. Contractor may not employ any subcontractors unless specifically authorized by City. B. The sale, assignment, transfer, or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venture which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. 14. RECORDS AND REPORTS A. All Contractor's books and other business records, or such part as may be used in the performance of this Agreement, shall be subject to inspection and audit by any authorized City representative during regular business hours. B. Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the Library Services Director or his /her designee within ten (10) days after the end of each month. C. Contractor shall keep records and invoices in connection with its work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs, including man hours, incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records. Contractor shall maintain and allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment under this Agreement. 15. ADMINISTRATION This Agreement will be administered by the Library Services Department. The Library Support Services Coordinator, Melissa Kelly, shall be considered the City's Administrator and shall have the authority to act for the City under this Agreement. The Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered under this Agreement. ProGreen Building.Maintenance, Inc. Page 9 16. INCREASE OR DECREASE IN SCOPE OF SERVICES A. Contractor may be asked to perform additional janitorial and building maintenance services by the Administrator. The Administrator may give verbal authorization for additional services up to $500. Administrator shall provide Contractor with written authorization prior to the performance of any additional services that exceed $500. B. City reserves the right to withdraw certain Library locations from the work to be performed by Contractor pursuant to this Agreement. City shall notify Contractor in writing of its intent to do so at least thirty (30) days prior to the effective date of withdrawal of any location. In the event a location is withdrawn from the Scope of Services, compensation to Contractor shall be reduced in accordance with the bid unit costs as specified in Exhibit C. In the event the location is withdrawn for a period of less than a full one (1) year term, Contractor's compensation shall be reduced on a prorated basis. 17. WORK DEFICIENCIES AND CORRECTIONS A. The Contractor's performance will be evaluated on a regular basis. When problems are identified, the City will notify Contractor. If issues are serious or go unresolved, a Notice of Deficiency will be issued to Contractor in writing. This notice will detail the issues and give a cure period to resolve them. B. Failure to correct the deficiencies listed in the Notice of Deficiency within the timeframe specified by the City may, in the City's sole discretion, result in action being taken by the City, including, but not limited to, (a) withholding payment for the subject deficiency until the work is completed; (b) correcting the deficiency (using the City's own work force and/or by contracting out) and deducting any associated costs plus overhead incurred thereby from the total monthly compensation due the Contractor; (c) deletion of the site(s) from the Contract and reducing the .corresponding compensation for that month; (d) contracting with another Vendor to perform the maintenance and other services required for the remainder of the term of the Contract and deducting from the Contractor's total compensation under the contract any costs that City pays or becomes obligated to pay the new Contractor, including expenses City incurs over and above the monthly billing rate by the Contractor for that site; (e) terminating the agreement; and /or (f) taking any other action and exercising any other legal remedy available to the City under law. The City reserves the right to make appropriate deductions in payments for unsatisfactory performance or failure to perform contract duties. Payment deductions shall be based upon the Unit Prices outlined in Exhibit C. ProGreen Building Maintenance, Inc. Page 10 18. DISPUTES PERTAINING TO PAYMENT FOR WORK Should any dispute arise respecting the value of the work done, or of any work omitted, or of any extra work which Contractor may be required to do, or respecting any payment to Contractor during the performance of the Agreement, such dispute shall be decided by the City Manager and his decision shall be final and binding upon Contractor and his sureties. 19. REIMBURSEMENT FOR EXPENSES Contractor shall not be reimbursed for any expenses unless the City approves the expense in advance in writing. 20. 21. PERFORMANCE BOND A. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the annual Contract Amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Library Services Director. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. B. The performance bond required by this only if issued by a company qualified to "A" or better in the most recent edition Rating Guide or in the Federal Register, category Class VII or better, unless suc h Risk Manager of the City. A&M Agreement shall be satisfactory do business in California, rated of Best Rating Guide, The Key and only if they are of a financial requirements are waived by the A. Contractor shall conform with all applicable provisions of State and Federal law including, applicable provisions of the Federal Fair Labor Standards Act. B. Contractor shall conform with all applicable provisions of the California Labor code, including the Displaced Janitors Opportunity Act, Labor Code sections 1060 -1065. B. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give notice to City, and provide all relevant information. ProGreen Building Maintenance, Inc, Page 11 C. Wages paid by Contractor for services provided hereunder shall be in accordance with Section 1770 of the California State Labor Code. The Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code Relating to prevailing wage rates (sections 1770 -7981 inclusive). 22. NONDISCRIMINATION BY CONTRACTOR Contractor represents and agrees that it does not, and will not, discriminate against any subcontractor, Contractor, employee or applicant for employment because of race, religion, color, sex, handicap, national origin, or other basis that is violative of the federal or state constitution or federal or state law. Contractor's obligation not to discriminate shall apply, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with this Project 24. CONFLICTS OF INTEREST A. The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. The Contractor will provide a completed disclosure form noting the above. Contractor will comply with the Act and relevant City Resolutions. B. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. The Contractor shall indemnify and hold harmless the City for any claims for damages resulting from the Contractor's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement must be given in writing and will be deemed served when delivered personally or on the second ProGreen Building Maintenance, Inc. Page 12 business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. Attn: Melissa Kelly Library Services Department Central Library City of Newport Beach 1000 Avocado Avenue Newport Beach, CA 92660 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Mike Sullivan Progreen Building Maintenance, Inc. 10834 E. Whittier Blvd. Whittier, CA 90606 26. TERMINATIONIDEFAULT A. In the event Contractor fails or refuses to timely perform any of the provisions of this Agreement in the manner required or if Contractor violates any provisions of this Agreement, Contractor shall be deemed in default. If such default is not cured within a period of two (2) working days, or if more than two (2) working days are reasonably required to cure the default and Contractor fails to give adequate assurance of due performance within two (2) working days after Contractor receives written notice of default from City, City may terminate the Agreement forthwith by giving written notice. City may; in addition to the other remedies provided in this or authorized by law, terminate this agreement by giving written notice of termination. B. This agreement may be terminated without cause by the City upon thirty (30) days written notice. Upon termination, City shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. The Contractor may only terminate the Agreement in the event of nonpayment by the City. In the event of nonpayment by the City, Contractor shall give the City thirty (30) days written notice thereof and the City shall have fifteen (15) working days to cure the alleged breach. C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for contract services if, in the judgment of the City Manager, the level of maintenance falls below appropriate janitorial or building maintenance standards and /or Contractor fails to satisfactorily perform contract services. City shall have the right to retain funds ProGreen Building Maintenance, Inc. Page 13 withheld until the City Manager determines that contract services are performed as well and as frequently as required by this Agreement. 27. COST OF LITIGATION If any legal action is necessary to enforce any provision of this Agreement or for damages by reason for an alleged breach of any provisions of this Agreement, the parties agree that attorneys' fees shall not be recoverable by the prevailing party. 28. WAIVER A waiver by City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties and all preliminary negotiations and agreements of whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions hereon. 30. 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. 31. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or. otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 32. CONTROLLING LAW AND VENUE The laws ofthe State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 33. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. ProGreen Building Maintenance, Inc. Page 14 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Aaron C. arp Assistant City rney ATTEST: 12 Leilani Brown City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: 40 Edward D. Selich, Mayor City of Newport Beach CONTRACTOR:PROGREEN BUILDING MAINTENANCE, INC. L=am Name/Title: 0 Name/Title: ATTACHMENTS: EXHIBIT A: RFP Instructions and Conditions EXHIBIT B: Description of Project/ Scope of Work EXHIBIT C: Bid Unit Prices EXHIBIT D: Statement of Compliance EXHIBIT E: Statement of Ability to Comply with Displaced Janitors Opportunity Act ProGreen Building Maintenance, Inc. Page 15 CITY OF NEWPORT BEACH REQUEST FOR PROPOSAL RFP NO. 5 -1 JANITORIAL SERVICES FOR CITY LIBRARY FACILITIES ATTACHMENT A: "TIONS AND CONDITI! Janitorial Services RFP Page 6 CITY OF NEWPORT BEACH Request for Proposal Public Library Janitorial Services Attachment A. Instructions and Conditions I. GENERAL CONDITIONS A. PRE - CONTRACTUAL EXPENSES Pre- contractual expenses are defined as expenses incurred by Contractor in: 1. Preparing a proposal in response to this RFP. 2. Submitting that proposal to the City of Newport Beach. 3. Negotiating with the City of Newport Beach any matter related to this RFP, proposal, and /or contractual agreement. 4. Any other expenses incurred by the Contractor prior to the date of an executed contract. The City of Newport Beach shall not, in any event, be liable for any pre - contractual expenses incurred by any Contractor. In addition, no proposal shall include any such expenses as part of the price proposed to perform the City Library Facilities Janitorial Services as described in this RFP. B. AUTHORITY TO WITHDRAW RFP AND /OR NOT AWARD CONTRACT The City of Newport Beach reserves the right to withdraw this RFP at any time without prior notice. Further, the City makes no representations that any agreement will be awarded to any Contractor responding to the RFP. The City expressly reserves the right to postpone the opening of proposals for its own convenience and to reject any and all proposals in response to this RFP without indicating any reasons for such rejection(s). The City also reserves the right to negotiate with the successful bidder concerning various alternatives. C. PRICING APPROACH The City of Newport Beach intends to award a contract based on a fixed annual contract price for the two (2) -year tern of this contract, renewable annually for three (3) one (I)- year extensions based on performance at the City's sole discretion. Upon the first anniversary of the Commencement Date of the Contract and upon each anniversary of the Commencement Date thereafter, the Contract Amount shall be adjusted in proportion to the changes in the Consumer Price Index, subject to the 4.0% Janitorial Services RFP Page 7 maximum adjustment increase set forth below. Such adjustment shall be made by multiplying the original Contract Amount by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month one (1) year prior. For example, if the adjustment is to occur effective June 1, 2008, the index to be used for the numerator is the index for the month of March 2008, and the index to be used for the denominator is March 2007. The "Consumer Price Index" to be used in such calculation is the Consumer Price Index, All Urban Consumers (All Items), for the Los Angeles Anaheim Riverside Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics (1982 84 = 100). If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables including in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Contract Amount in effect immediately preceding such adjustment. The maximum increase to the Contract Amount, for any year where an adjustment is made in proportion to changes in the Consumer Price Index, shall not exceed 4.0% of the Contract Amount in effect immediately preceding such adjustment. D. RIGHT TO REJECT PROPOSALS The City of Newport Beach reserves the right to reject any or all proposals submitted. Any award made for this engagement will be made to the Contractor, which, in the opinion of the City, is best qualified to execute the contract. E. PROPOSAL EVALUATION CRITERIA Proposals will be evaluated on the basis of the response to all provisions of this RFP. ' The City of Newport Beach may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all - inclusive list. The order in which they appear is not intended to indicate their relative importance: I. The Contractor's demonstrated awareness of safety in all operations. 2. The Contractor's responsiveness to the requirements of the contract as set forth in the RFP. 3. A demonstrated understanding of the Contractor's work plan and other proposal documents. 4. A logical, proven methodology for carrying out the work tasks described in the proposal and developing contract deliverables. 5. The Contractor's recent experience in conducting contracts of similar scope, complexity, and magnitude, particularly for government agencies. 6. The quality and quantity of equipment to be assigned to the contract. Janitorial Services RFP Page 8 7. Recent references from local clients with particular emphasis on local government. 8. The proposed contract costs. F. COMPLIANCE WITH APPLICABLE LAWS The Contractor shall have in his/her possession and be familiar with all safety regulations issued by the State Division of Industrial Safety and shall comply with these and all other applicable laws, ordinances, and regulations governing Affirmative Action programs. The Contractor shall provide all safeguards and protective devices and take any other action necessary to protect the health and safety of their employees on the job, safety of City employees and the public in connection with the performance of the work required by this contract. All Services rendered hereunder by Contractor shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local government agency having jurisdiction in effect at the time service is rendered. G. SUSPENSION AND /OR CANCELLATION OF CONTRACT If the event the Contractor fails or refuses to timely perform in accordance with the agreement or if Contractor violates any provisions of the agreement, the Contractor shall be deemed in default. If such default is not cured within a period of five (5) working days, or if more than five (5) working days are reasonably required to cure the default and Contractor fails to give adequate assurance of due performance within five (5) working days after Contractor receives written notice of default from City, City may terminate the agreement forthwith by giving written notice. City may, in addition to the other remedies provided in the Agreement or authorized by law, terminate the Agreement by giving written notice of termination. In addition, the City reserves the right to terminate the agreement without cause upon thirty (30) days written notice. Upon termination, City will pay to Contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. The Contractor may only terminate the agreement in the event of nonpayment by the City. H. FAMILIARITY WITH WORK By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor warrants that Contractor has investigated the site and is fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City. Janitorial Services RFP Page 9 City and Contractor agree that City has made no representation regarding the order or condition of any area or location for which Contractor is to provide services or that the site or location of work will be free from defects, apparent or hidden, at the commencement of, or at any time during the term of this Agreement. I. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract without the written consent of the City. J. WORKMANSHIP AND SUPERVISION The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications. All supervisory personnel must be able to communicate effectively in English (both orally and in writing). Any order given to supervisory personnel shall be deemed delivered to the Contractor. The supervisor assigned must be identified by name to ensure coordination and continuity. 2. Work shall be performed by competent and experienced workers. All personnel working at the outlined areas shall be neat in appearance and in uniforms as approved by the Director. All personnel shall wear identification badges or patches, and employees working adjacent to traffic lanes must wear safety vests. 4. 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. All vehicles and equipment used in conjunction with the work shall be maintained in a neat, clean, and orderly manner and shall be in good working order. The Library Services Director, or his/her authorized agent, may reject any vehicle or piece of equipment and order it removed from the service area(s). L. SAFETY REQUIREMENT 1. All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL -OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 2. The Contractor shall maintain all service areas free of hazards to persons and/or property resulting from his/her operations. Any hazardous condition noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the Director. Janitorial Services RFP Page 10 M. CLAIMS BY CONTRACTOR'S EMPLOYEES 1. The Contractor shall hold harmless the City and all of its agents, employees, and officers from any and all damages or claims, of any kind or nature that may be made or may arise directly or indirectly for the performance of duties by the Contractor. 2. Contractor shall not permit access into any City of Newport Beach or other private structures by any unauthorized persons. N. LIABILITY FOR DAMAGES 1. The Contractor shall be fully responsible for any and all damage done to City property, equipment, or other property of the public premises that result from the Contractor's operations under this contract. 2. The Contractor may insure the equipment, materials, and work to cover Contractor's interest in the same. The City will not, under any circumstances, be answerable or accountable for any loss or damage that may happen to said equipment, materials and work, or any part or parts thereof, used and employed in fully completing the contract. 3. Contractor shall indemnify and hold harmless the City, its City Council, boards, commissions, officers, agents, servants and employees from and against any and all claims and losses whatsoever, including reasonable attorney's fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies in connection with the services, work or activities conducted or performed by Contractor pursuant to the Agreement. O. ADVERTISING No advertising of any kind or description, bill posters, printed, painted, or by the use of any other method application legible to human sight, shall appear on any equipment, buildings, structures, fences, canopies, posts, or signs except valid and authorized legal notices required to be placed thereon and except as may he specifically authorized in these general conditions. Janitorial Services RFP Page 11 II. PROPOSAL FORMAT/REOUIREMENTS Proposals should be typed as briefly as possible and not include any elaborate or unnecessary promotional material. The following order and content of proposal sections should be adhered to be each offeror: A. COVER LETTER A cover letter not to exceed three (3) pages in length should summarize key elements of the proposal. The letter must be signed by an individual authorized to bind the offeror. B. BACKGROUND AND APPROACH/WORKPLAN Offeror shall include in this section their firm's approach to providing the proposed janitorial services as presented in the Scope of Work detailed in this RFP. Offeror is to review City library locations, janitorial tasks, frequency of tasks, and describe in detail how their firm will meet the requirements of this RFP. The proposal should be presented in a format that corresponds to and references the sections outlined in the Scope of Work, and should be presented in the same order. Responses to each section and subsection should be labeled to indicate which item is being addressed. C. CONTRACT ORGANIZATION AND STAFFING Describe your approach and methods for managing the contract. Provide an organization chart showing all proposed contract team members. Describe the responsibilities of each person on the contract team. Identify the Contract Director and/or Manager and the person who will be the key contact with the City of Newport Beach. Also include any additional information or staff support required from City personnel during the course of the RFP preparation. D. RELATED EXPERIENCE Indicate any recent, directly - related public agency experience or service history. Include on each listing the name of the agency; description of the work done; primary agency contact, address and telephone number; dates for the contract; name of the Contract Director and/or Manager and members of the proposed contract team who worked on the contract, as well as their respective responsibilities. At least three (3) references should be included. For each reference, indicate the reference's name, organization affiliation, title, complete mailing address, and telephone number. The City of Newport Beach reserves the right to contact any of the organizations or individuals listed. E. PROPOSAL /COST DATA Indicate the total monthly cost of janitorial services at each library branch location as indicated on Attachment C for which you will conduct the contract based upon the information provided. Janitorial Services RFP Page 12 F. STATEMENT OF COMPLIANCE Contractors must submit a Statement of Compliance (Attachment D) with all parts of the Request for Proposal and Draft Agreement (Attachment F) terms and conditions, or a listing of exceptions and suggested changes, along with a description of any cost implications or schedule changes the exceptions and/or changes cause. The Statement of Compliance must declare either: 1. This proposal is in strict compliance with the Request for Proposal and Draft Agreement and no exceptions to either are proposed; or 2. This proposal is in strict compliance with the Request for Proposal and Draft Agreement except for the items listed. For each exception and /or suggested change, the Contractor must include: a. The suggested change in the RFP or rewording of the contractual obligations. b. Reasons for submitting the proposed exception or change. c. Any impact the change or exception may have on contract costs, scheduling, or other considerations. Please be advised that the City's indemnity and insurance obligations are non - negotiable. G. OTHER INFORMATION Include any other information you consider to be relevant to the proposal. Additional optional services may be provided at the discretion of the Contractor. H. EMPLOYMENT PROVISION Contractor agrees that in carrying out its responsibilities under this agreement, and in particular with regard to the employment of persons and sub - contractors working on the contract, it will not discriminate on the basis of race, color, creed, national origin, religion, sex, age, or handicap. In the event any of the work performed by Contractor here under is subcontracted to another person or firm (with approval of the City as required herein), sub- contract shall contain a similar provision. I. INSURANCE PROVISION On or before the commencement of the term of the Agreement, Contractor shall furnish the City with certification showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 1 and 2 below. Such certificates, which do not limit the Contractor's indemnification, shall also contain substantially the following: Janitorial Services RFP Page 13 "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer afforded coverage shall provide thirty (30) days advance notice to the City of Newport Beach by certified mail." 1. Coverage a. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. Coverage shall include third parry liability risks, including without limitation, contractual liability. The aggregate limit shall not be less than $4,000,000. b. Worker's Compensation: Statutory coverage as required by the State of California. However, in no event shall the Employer's Liability Insurance be less than $1,000,000 per occurrence. c. Commercial Auto Liability and Property Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. 2. Please refer to Section 8 (Insurance) of Draft Agreement (Attachment F) for further insurance requirements. J. GUARANTEES A Faithful Performance Warranty Bond in the amount of fifty percent (50 %) of the annual contract price shall be required for the entire duration of the contract period. Unless otherwise specified, the Contractor shall guarantee that the work performed under the Contract will be performed to the HIGHEST INDUSTRY STANDARDS specified in the RFP and remain as such for the term of the contract. Whenever, in these specifications, written guarantees are requested, or specified, the Contractor shall guarantee the products or installations therein described for the time specified and no further guarantee shall be required. If defective material or workmanship is discovered by the City in the work proposed within the contract, and this defective material or workmanship requires repairs to be made under this guarantee, all such repair work shall be done by and at the expense of the Contractor. Should the Contractor fail to repair such damage within five (5) working days thereafter, the City may be the necessary repairs and charge the Contractor with the immediate attention, the City shall have the right to repair the defect or damage and charge the Contractor with the actual cost of all labor and material required. Janitorial Services RFP Page 14 CITY OF NEWPORT BEACH REQUEST FOR PROPOSAL RFP NO. 5-1 JANITORIAL SERVICES FOR CITY LIBRARY FACILITIES F11 ATTACHMENT B: (SCOPE OF WORK) Janitorial Services RFP Page 15 CITY OF NEWPORT BEACH Request for Proposal Public Library Janitorial Services Attachment B: Description of Project Intent (Scope of Work) I. INTENT The intent of these specifications is to provide a description of the required janitorial services at four (4) City of Newport Beach Library Services branch locations. II. WORKING HOURS Normal working hours shall vary depending on the library branch. The working hours for each branch shall be listed below: Central Library Branch: Monday- Thursday: after 9:00 P.M. (7 Days) Friday- Saturday: after 6:00 P.M. Sunday: after 5:00 P.M. Balboa Branch: Monday & Wednesday: after 9:00 P.M. (6 Days) Tuesday & Thursday- Saturday: after 6:00 P.M. Mariners Branch: Monday - Thursday: after 9:00 P.M. (7 Days) Friday- Saturday: after 6:00 P.M. Sunday: after 5:00 P.M. Corona del Mar Branch: Tuesday- Saturday: after 9:00 P.M. (5 Days) III. SUPERVISION OF CONTRACT Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth in the specifications. IV. SPECIFICATIONS This Scope of Work is intended to cover all labor, material and standards of workmanship to be employed in the work called for in this RFP or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications. Janitorial Services RFP Page 16 V. DESCRIPTION OF PROJECT (SCOPE OF WORD Please see the attached following pages for a detailed description of the services required for each library branch location. Indicate the cost information in the spaces provided for each branch location. Janitorial Services RFP Page 17 SECTION Il: ACTIVITIES / REQUIREMENTS / COSTS JANITORIAL SPECIFICATIONS CENTRAL LIBRARY SERVICE SCHEDULE — 1000 Avocado Avenue, Newport Beach, CA 92660 Monday —Thursday, after 9:00 p.m. Friday— Saturday, after 6:00 p.m. Sunday, after 5:00 p.m. [7 Days ] Area: First Floor 22,058 Sq. Ft. Carpet 3,000 Sq. Ft. Tile (estimate) Second Floor 21,473 Sq, Ft. Carpet Daily Activities Bathrooms and Kitchens: • Clean bathrooms and kitchens, including sinks, counters, toilets - urinals. • Polish all bright work. • Dust partitions, tops of mirrors and frames. • Wet mop floors and rinse with disinfectant. • Restock supplies, taking care to place paper goods properly in dispensers, and keeping soap dispensers unclogged. • Wipe towel and toilet paper dispensers. • Remove splash marks from walls around basins. • Clean and polish mirrors. • Load dishwasher and start operation. • Clear tabletops and deposit trash in container. • Remove trash and relocate to collection point. Carpets and Floors: • Vacuum all carpeted areas thoroughly, using the proper setting for this carpet throughout the library. • Sweep and dry/wet mop all floors, including the stairs. Dusting: • Thoroughly dust desks, counters, tables, machines, pictures, sign frames, and windowsills, including the reference desk and telephone reference desk/counter areas. Trash and Trash Can Areas: • Remove all trash from receptacles both inside and outside the library, and move to collection point in the building. • Replace liners in all trash receptacles. • Sift cigarette butts from trash urns. • Sweep areas around outside trash receptacles, including any gravel on walkway by front door (sweep back onto gravel pathways). Furniture and other areas: • Wipe tables, desks, countertops and vertical partitions, and clean thoroughly enough to remove any spills, coffee (or liquid) rings, pencil and ink marks, etc. • Dispose of all paper and food scraps in the public areas, including (but not limited to) candy wrappers, crumpled tissues, water bottles, etc. • Return chairs, ottomans, and tables to their places. • Clean, disinfect, and dry polish drinking fountains. • Clean and disinfect telephones. • Clean entryway doors and windows. Janitorial Services RFP Page 18 Computer Room: • Sweep or dry mop floor nightly. Weekly Activities Carpets and Floors: • Vacuum all comers, edges, and beneath furniture using special attachments for vacuum to get into the comers. • Buff hard surface floors in order to present the best possible appearance at all times. Dusting: • Thoroughly dust all vertical surfaces of desks, files, cabinets, chairs, tables, book stacks and workspace partitions. Furniture and Other Areas: • Thoroughly vacuum upholstered furniture. • Clean glass on interior doors and windows of the computer room and interior offices. • Remove fingerprints and marks from around light switches and door frames. • Computer Room: • We( mop floors and rinse with disinfectant weekly. Monthly Activities Bathrooms and Kitchens: • Clean refrigerator completely, including the disposal of all contents monthly on pre - arranged date Carpets and Floors: • Wax and coat floors monthly. Dusting: • Dust top shelf (usually empty) on book stacks. • Dust bottom shelf (usually empty) on book stacks. • Dust top of the partition surrounding Telephone Reference. • Dust surfaces, inside and out, of current/receni magazine shelves. • Dust high ledge on outside wall of back stairwell. Furniture and Other Areas: • Clean and disinfect stair railings (all around the handrail) monthly, including stairs in main lobby and leading up from children's area. • Clean the desk tops in the staff work areas monthly on a pre - arranged schedule. Ouarterly Activities Carpets and Floors: • Shampoo carpets in Main areas on pre - arranged date: • Main entry way • Popular Library • Main entry — 2"d floor Janitorial Services RFP Page 19 Semi - Annual Activities Bathrooms and Kitchens: • Clean freezer completely, including the disposal of all contents twice yearly on pre- arranged date. • Carpets and Floors: • Strip and wax or coat floors twice yearly. • Clean metal edging on stair treads twice yearly. • Shampoo carpets on pre- arranged date: o Children's Room including Story Room • Aisles not between book stacks • Staff Lounge • Conference Room • Friends Meeting Room • Open Study Areas • Quiet Reading Room • Telephone Reference Room Furniture and Other Areas: • Clean and polish all wood trim areas on edges of furniture, display /storage cases, and public tables and desks twice yearly. • Computer Room: • Strip and wax floors twice yearly on a pre - arranged schedule. ' Annual Activities Carpets and Floors: • Shampoo carpets on pre - arranged date: • Administrative and staff work areas • Study rooms • Aisles between stacks Furniture and Other Areas: • Shampoo upholstered furniture annually. Activities to be Done as Needed Bathrooms: • Unclog problem toilets as needed. Carpets and Floors: • Spot clean carpet when and where appropriate. Other Requirements • Provide day porter service Monday through Thursday at 4:00p.m. to clean surfaces in restrooms, replenish supplies, and remove trash. • Provide monthly site inspection by supervisor. • Provide emergency cleaning during the day, 7 days a week, with person able to respond to call within 2 hours, for plunging and cleaning up toilets or cleaning up after sick customers (City would pay extra per call). • Provide a night manager or contact available on call in case of problems with closing, locking, and setting building alarm. Janitorial Services RFP Page 20 • Include at least one English- speaking employee in the crew. • Prohibit anyone except janitorial service employees to accompany the crew in the building during closed hours. • Bring defective or inoperative building equipment to the attention of the Library staff the next day. • Keepjanitor closets, equipment and materials neat, clean and in an orderly condition at all times. • Provide all cleaning supplies, trash bags, urinal screens and liquid hand soap (Superior Hand Soap by Waxie or approved substitute brand). City provides paper supplies (towels, toilet paper and seat covers). • Contractor shall post copies of MSDS (Material Data Sheets) for all chemicals used in each custodial closet in compliance with OSHA Hazard Communication Standard 29 CFR 19042000. This shall include labeling the contents of all secondary type plastic bottles or containers. *Transfer the following information over to Attachment C* Monthly Labor Hours Central Library Total Monthly Cost for Central Library Cost/Hour — Emergency Cleaning Service [2 -Hour Response] janitorial Services. RFP Page 21 BALBOA BRANCH LIBRARY SERVICE SCHEDULE — 100 East Balboa Blvd., Newport Beach, CA 92660 Monday & Wednesday, after 9:00 p.m. Tuesday, Thursday — Saturday, after 6:00 p.m. [6 Days] Area: 6,000 Sq. Ft. Mostly Carpet Except Restrooms Daily Activities Bathrooms and Kitchens: • Clean bathrooms and kitchens, including sinks, counters, toilets and urinals. • Polish all bright work. • Wipe down wall to remove marks.. • Wet mop floors and rinse with disinfectant. • Restock supplies, taking care to place paper goods property in dispensers, and keeping soap dispensers unclogged. • Wipe towel and toilet paper dispensers. • Remove splash marks from walls around basins. • Clean and polish mirrors and dust tops of frames • Remove trash. • Unclog problem toilets as needed. Carpets and Floors: • Thoroughly vacuum all carpets, using the proper setting for this carpet throughout the library. • Sweep and dry/wet mop all floors. Dusting: • Thoroughly dust desks, counters, tables, machines, pictures, sign frames, and windowsills. Trash and Trash Can Areas: • Remove all trash from receptacles both inside and outside the library, and move to collection point in the building. • Replace liners in all trash receptacles. • Sift cigarette butts from trash urns. • Sweep areas around outside trash receptacles. Furniture and other areas: • Wipe tables and countertops and remove any spills, coffee rings, pencil and ink marks, etc. • Return chairs and tables to their proper places. • Clean, disinfect, and dry polish drinking fountains. • Clean and disinfect telephones. Weekly Activities Carpets and Floors: • Vacuum all corners, edges, and beneath furniture using special attachments for vacuum to get into the corners. • Buff hard surface floors in order to present the best possible appearance at all times. Dusting: • Thoroughly dust all vertical surfaces of desks, files, cabinets, chairs, tables, book stacks and blinds. Janitorial Services RFP Page 22 Furniture and Other Areas: • Vacuum upholstered furniture thoroughly. • Clean interior glass doors and window in the computer room and interior offices. • Remove fingerprints and marks from around light switches and door frames. Monthly Activities Dusting: • Dust high shelves on book stacks. Bi- Monthly Activities Carpets and Floors: • Wax and coat floors bi- monthly. Semi - Annual Activities Carpets and Floors: • Strip and wax or coat floors twice per year. Annual Activities Carpets and Floors: • Shampoo carpets in all areas of the building annually. Furniture and Other Areas: • Shampoo upholstered furniture annually. Activities to be Done as Needed Bathrooms: • Unclog problem toilets as needed. Carpets and Floors: • Spot clean carpet when and where appropriate. Other Rea uirements • Provide monthly site inspection by supervisor. • Provide emergency cleaning during the day, 6 days a week, with person able to respond to call within 2 hours, for plunging and cleaning up toilets or cleaning up after sick customers (City would pay extra per call). Janitorial Services RFP Page 23 • Provide a night manager or contact available on call in case o f problems with closing, locking, and setting building alarm. • Include at least one English - speaking employee in the crew. • Prohibit anyone exceptjanitorial service employees to accompany the crew in the building during closed hours. • Bring defective or inoperative building equipment to the attention of the Library staff the next day. • Keep janitor closets, equipment and materials neat, clean and in an orderly condition at all times. • Provide all cleaning supplies, trash bags, urinal screens and liquid hand soap (Superior Hand Soap by Waxie or approved substitute brand). City provides paper supplies (towels, toilet paper and seat covers). • Contractor shall post copies of MSDS (Material Data Sheets) for all chemicals used in each custodial closet in compliance with OSHA Hazard Communication Standard 29 CFR 190- 12000. This shall include labeling the contents of all secondary type plastic bottles or containers. *Transfer the following information over to Attachment C* Monthly Labor Hours Balboa Library Total Monthly Cost for Balboa Library Cost/Hour — Emergency Cleaning Service [2 -Hour Response] Janitorial Services RFP Page 24 MARINERS BRANCH LIBRARY SERVICE SCHEDULE — 1300 Irvine Avenue, Newport Beach, CA 92660 Monday —Thursday, after 9:00 p.m. Friday— Saturday, after 6:00 p.m. Sunday, after 5:00 p.m. [7 Days] Area: 15,000 Sq. Ft. Mostly Carpet —Tile Floor in Entry Way, Workroom, Restrooms and Kitchen Daily Activities Bathrooms and Kitchens: • Clean bathrooms and kitchens, including sinks, counters, toilets and urinals. • Wipe down wall to remove marks. • Wet mop floors and rinse with disinfectant. • Restock supplies, taking care to place paper goods properly in dispensers, and keeping soap dispensers unclogged. • Wipe towel and toilet paper dispensers. • Remove splash marks from walls around basins. • Clean and polish mirrors and dust tops of frames. • Remove trash. • Unclog problem toilets as needed. Carpets and Floors: • Thoroughly vacuum all carpets, using the proper setting for this carpet throughout the library. • Sweep and dry/wet mop all floors. Dusting: • Thoroughly dust desks, counters, tables, machines, pictures, sign frames, and windowsills. Trash and Trash Can Areas: • Remove all trash from receptacles both inside and outside the library, and move to collection point in the building. • Replace liners in all trash receptacles. • Sift cigarette butts from trash urns. • Sweep areas around outside trash receptacles. Furniture and other areas: • Wipe tables, desks, countertops and remove any spills, coffee rings, pencil and ink marks, etc. • Return chairs, ottomans, and tables to their places. • Clean, disinfect, and dry polish drinking fountains. • Clean and disinfect telephones. Weekly Activities Carpets and Floors: • Vacuum all corners, edges, and beneath furniture using special attachments for vacuum to get into the corners. • Buff hard surface floors in order to present the best possible appearance at all times. Dusting: Janitorial Services RFP Page 25 • Thoroughly dust all vertical surfaces of desks, files, cabinets, chairs, tables, book stacks and blinds. Furniture and Other Areas: • Vacuum upholstered furniture thoroughly. • Clean interior glass doors and windows in the computer room and interior offices. • Remove fingerprints and marks from around light switches and door frames. Monthly Activities Dusting: • Dust high shelves on book stacks. Bi- Monthly Activities Carpets and Floors: • Wax or coat Floors bi- monthly. Semi - Annual Activities Carpets and Floors: • Strip and wax or coat floors twice per year. Annual Activities Carpets and Floors: Shampoo carpets in all areas of the building annually. Furniture and Other Areas: • Shampoo upholstered furniture annually. Activities to be Done as Needed Bathrooms: • Unclog problem toilets as needed. Carpets and Floors: • Spot clean carpet when and where appropriate. Other Rea uiremeats • Provide monthly site inspection by supervisor. • Provide emergency cleaning during the day, 7 days a week, with person able to respond to call within 2 hours, for plunging and cleaning up toilets or cleaning up after sick customers (City would pay extra per call). • Provide a night manager or contact available on call in case of problems with closing, locking, and setting building alarm. Janitorial Services RFP Page 26 • Include at least one English- speaking employee in the crew. • Prohibit anyone except janitorial service employees to accompany the crew in the building during closed hours. • Bring defective or inoperative building equipment to the attention of the Library staff the next day. • Keepjanitor closets, equipment and materials neat, clean and in an orderly condition at all times. • Provide all cleaning supplies, trash bags, urinal screens and liquid hand soap (Superior Hand Soap by Waxie or approved substitute brand). City provides paper supplies (towels, toilet paper and seat covers). • Contractor shall post copies of MSDS (Material Data Sheets) for all chemicals used in each custodial closet in compliance with OSHA Hazard Communication Standard 29 CFR 190 - 12000. This shall include labeling the contents of all secondary type plastic bottles or containers. *Transfer the following information over to Attachment C* Monthly Labor Hours Mariners Library Total Monthly Cost for Mariners Library $ Cost/Hour— Emergency Cleaning Service [2 -Hour Response] Janitorial Services RFP Page 27 CORONA DEL MAR BRANCH LIBRARY SERVICE SCHEDULE — 420 Marigold Ave., Corona del Mar, CA 92660 Tuesday— Saturday, after 9:00 p.m. [S Days] Area: 3,800 Sq. Ft. Mostly Carpet Except Restrooms Daily Activities Bathrooms and Kitchens: • Clean bathrooms and kitchens, including sinks, counters, toilets and urinals. • Polish all bright work. • Wipe down wall to remove marks. • Wet mop floors and rinse with disinfectant. • Restock supplies, taking care to place paper goods properly in dispensers, and keeping soap dispensers unclogged. • Wipe towel and toilet paper dispensers. • Remove splash marks from walls around basins. • Clean and polish mirrors and dust tops of frames • Remove trash. • Unclog problem toilets as needed. Carpets and Floors: • Thoroughly vacuum all carpets, using the proper setting for this carpet throughout the library. • Sweep and dry/wet mop all floors. Dusting: • Thoroughly dust desks, counters, tables, machines, pictures, sign frames, and windowsills. Trash and Trash Can Areas: • Remove all trash from receptacles both inside and outside the library, and move to collection point in the building. • Replace liners in all trash receptacles. • Sift cigarette butts from trash ums. • Sweep areas around outside trash receptacles. Furniture and other areas: • Wipe tables and countertops and remove any spills, coffee rings, pencil and ink marks, etc. • Return chairs and tables to their proper places. • Clean, disinfect, and dry polish drinking fountains. • Clean and disinfect telephones. Weekly Activities Carpets and Floors: • Vacuum all corners, edges, and beneath furniture using special attachments for vacuum to get into the comers. • Buff hard surface floors in order to present the best possible appearance at all times. Dusting: • Thoroughly dust all vertical surfaces of desks, files, cabinets, chairs, tables, book stacks and blinds. Janitorial Services RFP Page 28 Furniture and Other Areas: • Vacuum upholstered furniture thoroughly. • Clean interior glass doors and window in the computer room and interior offices. • Remove fingerprints and marks from around light switches and door frames. Bi- Monthly Activities Carpets and Floors: • Wax and coat floors bi- monthly. Semi - Annual Activities Carpets and Floors: • Strip and wax or coat floors twice per year. Annual Activities Carpets and Floors: • Shampoo carpets in all areas of the building annually. Furniture and Other Areas: • Shampoo upholstered furniture annually. Activities to be Done as Needed Bathrooms: • Unclog problem toilets as needed. Carpets and Floors: • Spot clean carpet when and where appropriate. Other Reouirements • Provide monthly site inspection by supervisor. • Provide emergency cleaning during the day, 5 days a week, with person able to respond to call within 2 hours, for plunging and cleaning up toilets or cleaning up after sick customers (City would pay extra per call). • Provide a night manager or contact available on call in case of problems with closing, locking, and setting building alarm. • Include at least one English - speaking employee in the crew. • Prohibit anyone except janitorial service employees to accompany the crew in the building during closed hours. • Bring defective or inoperative building equipment to the attention of the Library staff the next day. • Keep janitor closets, equipment and materials neat, clean and in an orderly condition at all times. • Provide all cleaning supplies, trash bags, urinal screens and liquid hand soap (Superior Hand Soap by Waxie or approved substitute brand). City provides paper supplies (towels, toilet paper and seat covers). Janitorial Services RFP Page 29 • Contractor shall post copies of MSDS (Material Data Sheets) for all chemicals used in each custodial closet in compliance with OSHA Hazard Communication Standard 29 CFR 190- 12000. This shall include labeling the contents of all secondary type plastic bottles or containers. *Transfer the following information over.to Attachment C* Monthly Labor Hours Corona del Mar Library Total Monthly Cost for Corona del Mar Library Cost/Hour — Emergency Cleaning Service [2 -Hour Response] Janitorial Services RFP Page 30 CITY OF NEWPORT BEACH REQUEST FOR PROPOSAL RFP NO. 5 -1 JANITORIAL SERVICES FOR CITY LIBRARY FACILITIES ATTACHMENT C: PROPOSAL FORM Janitorial Services RFP Page 31