HomeMy WebLinkAboutMunicipal Contract Solutions - 2018-09-10 AMENDMENT NO. 1 TO MAINTENANCE SERVICES CONTRACT
BETWEEN TIME CITY OF HUNTING FON BEACH AND
MUNICIPAL CONTRACT SOLUTIONS
FOR
JANITORIAL SERVICE
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as
"CITY," and Municipal Contract Solutions hereinafter referred to as "CONSULTANT."
WHEREAS, CITY and CONSULTANT are parties to that certain agreement,
dated September 10, 2018 entitled "Maintenance Services Contract Between the City of
Huntington Beach and Municipal Contract Solutions for Janitorial Services" which
agreement shall hereinafter be referred to as the"Original Agreement," and
CITY and CONSULTANT wish to amend the Original Agreement to reflect the
following Sections are hereby added to comply with FEMA reimbursement Requests:
30. GENERAL PRINCIPLES
CONSULTANT shall, comply with generally accepted accounting
principles and good business practices, including all applicable cost principles published
by the Federal Office of Management and Budget(OMB), including 2 CFR 200 -
UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRNCIPLES, AND
AUDIT REQUIREMENTS FOR FEDERAL AWARDS 'The Uniform Guidance", which
can be viewed at littps:/hvww.ecfr.gov/egi-
initext-,idx?tpl=/eefrbrowse/1'itle02/2cfi200_main_02.tpl. CONSUL;TANT Shall comply
with all federal, State and other funding source requirements. CONSULTANT shall, at its
own expense, furnish all cost items associated with this Agreement except as herein
otherwise specified in the budget or elsewhere to be furnished by CITY. CONSULTANT
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shall submit annually to the CITY a cost allocation plan in accordance with The Uniform
Guidance.
31. COMPLIANCE. WITI1 LAWS AND REGULATIONS
CONSULTANT shall at all limes perform is obligations hereunder in
compliance with all applicable Federal, State, County, and local laws, rules and
regulations, current and hereinafter enacted, including facility and professional licensing
and/or certification laws and keep in effect any and all licenses, permits, notices and
certificates as are required. CONSULTANT shall further comply with all laws
applicable to wages and hours of employment, occupational safety, and to fire safety,
health and sanitation.
32. EQUAL OPPORTUNITY
CONSULTANT shall comply with the provisions of Title VII of the Civil
Rights Act of 1964 in that it will not discriminate against any individual with respect to
his or her compensation, terms, conditions, or privileges of employment nor shall
CONSULTANT discriminate in any way that would deprive or intend to deprive any
individual of employment opportunities or otherwise adversely affect his or her status as
an employee because of such individual's race, color, religion, sex, national origin, age,
handicap, medical condition, sexual orientation or marital status.
33. AFFIF1MATIVE ACTION
Each CONSULTANT and subcontractor of services and supplies
employing fifteen (15) or more full-lime permanent employees, shall comply with all
Affirmative Action Programs required by Federal or State law.
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34. NON DISCRIMINATION
CONSULTANT shall ensure that services and facilities are provided
without regard to ethnic group identification, race, color, nation origin, creed, religion,
age, sex, physical ur mental disability, political affiliation or marital status in accordance
with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of
1964 (42 U.S.0 200-d), Section 162 (a) of the Fedcral-Aid highway Act of 1973 (23
U.S.0 324), Section 504 of the Rehabilitation Act of 1973, The Civil Rights Restoration
Act of 1987 (P.L. 100-209), Executive Order 12898 (February 11, 1994), Executive
Order 13166 (August 16,2000), Title V11 of the Civil Rights Act of 1964 (42 U.S.C.
2000-d), the Age Discrimination of 1975 (42 U.S.C. 6101 ), Article 9.5, Chapter 1, Part
1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code,Title 9,
Chapter 4, Subchapter 6 (Section 10800,et seq) of the CCR and California Dept of Social
Services Manual of Policies and Procedures (CDSS MPP) Division 21.
35. BYRD ANTI-LOBBYING AMENDMENT
CONSULTANT shall file Standard Form-LLL, "Disclosure Form to
Report Lobbying," to certify that it will not and has not used Federal appropriated funds
to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal Contract,
grant or any other award covered by 31 U.S.C. 1352. CONSULTANT shall disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award by CONSUL"CANT or CONSULTANT'S Subcontractors. In accordance
with 31 U.S.C. 1352, CONSULTANT shall also file a disclosure form at the end of each
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calendar quarter in which there occurs any event that requires disclosure or that
materially affects the accuracy of the information contained in any disclosure form
previously filed. CONSULTANT shall include this provision in all subcontracts and
require each of its subcontractors to comply with the certification and disclosure
requirements of this provision.
36. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL
ACT
CONSUL"TANT agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq.
CONSULTANT agrees to report each violation to the USDA and the appropriate IPA
Regional Office.
CONSULTANT agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act as amended (33
U.S.C. §§ 1251 et seq.). CONSULTANT agrees to report each violation to the USDA
and the appropriate EPA Regional Office.
37. CONTRACTING WffLI SMALL AND MINORITY 13USTNTiSSES,
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS
AREA FIRMS
CONSULTANT shall, in accordance with 2 CFR 200.321 -Contracting
with small and minority businesses, women's business enterprises, and labor surplus area
firms, take affirmative steps to include minority business, women's business enterprises,
and labor surplus area firm by:
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a. Placing qualified small and minority businesses and women's
business enterprises on solicitation lists;
b. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
C. Dividing total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by
small and minority businesses, and women's business enterprises;
d. Establishing delivery schedules, where the requirement permits,
which encourage participation by small and minority businesses,
and women's business enterprises; and
C. Using the services and assistance, as appropriate, of such
organizations as the Small Business Administration and the
Minority Business Development Agency of the Department of
Commerce.
38. PROCUREMIiN'I'OF RECOVERED MATERIALS
CONSULTANT shall comply with 2 CFR part 200.322. CONSULTANT
shall procure only items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition,
where the purchase price of the item exceeds $10,000 or the value of the quantity
acquired during the preceding fiscal year exceeded $10,000, CONSULTANT certifies
that the percentage of recovered materials to be used in the performance of this
Agreement will be at least the amount required by applicable specifications or other
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contractual requirements. For contracts over $100,000 in total value, CONSULTANT
shall estimate the percentage of total material utilized for the performance of the
Agreement that is recovered materials and shall provide such estimate to CITY upon
request.
39. AUDIT AND INSPECTION
CONSULTANT agrees to maintain and/or make available within the
CITY accurate books and accounting records relative to all its activities under this
Agreement. Authorized federal, State or County representatives shall have the right to
monitor, assess, or evaluate CONS ULTANT's performance pursuant to this Agreement,
said monitoring, assessments, or evaluations to include but not limited to audits,
inspection of premises, reports, and interviews of project staff mid participants.
CONSULTANT assertions of confidentiality shall not be a bar to frill access to the
records.
40. AUDIT REQUIREMENT
CONSULTANTS that expend $750,000 or more of federal grant funds per year
shall also have an audit conducted in compliance with Government Auditing Standards,
which includes Single Audit Act Amendments and the Compliance Supplement (2 CPR
part 200 App. XI).
41. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of
the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parti s hereto have caused this agreement to be
i
executed by their authorized officers on_ G �� 2020.
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CONSULTANT, CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
MUNICIPAL CONTA OLUTIONS Californian
BY: 7L 4
1l ZT + r--� 7tiin EL Ppe Director/Chief
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AND
By:
pArity Attorney
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spry-Tromm RECEIVE AND FILE:
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City Clerk
Date_
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CITY OF HUNTINGTON BEACH
Public Works Department
Sean Crumby, PE
Director of Public Works
September 30, 2020
Mr.John Fallon
MCS
2203 Voorhees Ave.
Redondo Beach,CA 90278
RE: Maintenance Services Contract for Park Restroom Janitorial
Dear John:
In accordance with the above referenced agreement, the City of Huntington Beach is
exercising its option to renew the agreement for an additional one year term, from October
1,2020 to October 1,2021.All other terms and conditions of the original agreement remain.
Please feel free to contact me at (714) 375-5024 if you have any questions or concerns.
Sincerely,
;nen
"Bacon
Maintenance Opera s Manager
2000 Main Street, California 92648 0 Phone 714-536-5431 • www.huntingtonbeachea.gov
MAINTENANCE SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Municipal Contract Solutions
FOR Janitorial Service
THIS AGREEMENT is made and entered into by and between the City of Huntington
Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and
Municipal Contract Solutions , a_Sole
Proprietor corporation, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for services, hereinafter referred to as "PROJECT,"
generally described as Janitorial Services within the City of
Huntington Beach and more specifically described in the Bid Documents; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
1. ACCEPTANCE OF CONDITIONS OF WORK; SCOPE OF SERVICES;
PLANS AND SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with all the terms,
conditions and obligations of this Agreement and the Contract Documents (as hereinafter
defined), the location of the job site, and the conditions under which the work is to be performed,
and that it enters into this Agreement based upon its investigation of all such matters and is
relying in no way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement by
this reference, with the same force and effect as if the same were set forth at length herein, and
that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents
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insofar as they relate in part or in any way, directly or indirectly, to the work covered by this
Agreement. The Scope of Services which CONTRACTOR agrees to perform is set forth in the
contract documents attached hereto as Exhibit "A".
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bond covering the work herein agreed upon;
C. Bid documents including Request for Proposal and/or the Notice Inviting
Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, the plans and
specifications;
D. Any insurance that may be required.
If extra work not previously included in the Scope of Work should be required by
CITY, CONTRACTOR may perform such extra work at CITY's request on a time and material
basis.
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said bid or proposal which is in conflict herewith.
2. CONTRACTOR'S OBLIGATIONS; ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor, plans, tools,
equipment, supplies, transportation, utilities and all other items, services, applicable permits, and
facilities necessary to complete the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature
of the PROJECT, during its progress or prior to acceptance, from the action of the elements,
from any unforeseen difficulties which may arise or be encountered in the prosecution of work,
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and for all other risks of any description connection with the work, including, but not limited to,
all expenses incurred by or in consequence of the suspension or discontinuance of work, except
such as are herein expressly stipulated to be borne by CITY, and for well and faithfully
.completing the work within the stipulated time and in the manner shown and described in this
Agreement, and in accordance with the requirements of CITY under them for the compensation
set forth in the accepted bid proposal.
3. COMPENSATION
CITY agrees to pay, and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the Contract Documents, a sum not to exceed
$82,000.00 annually to be paid as provided
in this Agreement.
4. PAYMENT
CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement
at the times and in the manner set forth in Exhibit A. The payments specified in Exhibit A shall
be the only payments to be made to CONTRACTOR for services rendered pursuant to this
Agreement unless CITY approves additional compensation for additional services.
CONTRACTOR shall submit all billings for said services to CITY in the manner specified in
Exhibit A, or, if no manner be specified in Exhibit A, then according to the usual and customary
procedures and practices which CONTRACTOR uses for billing clients similar to CITY.
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5. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT on July 1,
2018 , and shall diligently prosecute PROJECT to completion, excluding delays
provided for in this Agreement.
6. TERM OF AGREEMENT
The term of this Agreement shall be two (2) years, unless CITY exercises its
option to renew as set forth herein.
Unless prohibited by statute or ordinance, in its discretion, CITY may renew this
Agreement for an additional _2-1year upon its expiration. The terms and
conditions of the renewed agreement will remain the same as this original Agreement unless both
parties agree in writing to an amendment. CONTRACTOR will be bound by the renewed
agreement should CITY exercise its option to renew. Should the CITY exercise its option to
renew this Agreement, then CITY shall give notice of intent to renew to CONTRACTOR not
less than thirty (30) days before the expiration of this Agreement in the manner provided in
Paragraph 25 herein.
If negotiations are still in progress at the end of any one year term previously
agreed upon, the CITY and the CONTRACTOR shall continue performance as required herein
on a month-to-month basis until either a new agreement is entered into or the CITY terminates
the relationship in accordance with the provisions contained in the above paragraph. During
such period of month-to-month operation while negotiations are in progress, the
CONTRACTOR shall be obligated to continue performance for at least thirty (30) days after
written notice to the CITY of its decision to terminate the relationship and the CITY shall be
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obligated to give consideration to the CONTRACTOR for such additional performance at the
usual rate of payment as provided herein.
7. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the Contract Documents.
8. DEFAULT AND TERMINATION
If CONTRACTOR fails or refuses to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or
makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision
of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing
of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days
after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice
to any other remedy it may have, terminate this Agreement upon the expiration of that time.
Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such
event CITY may make good the deficiency in which the default consists and deduct the resulting
costs from the progress payments then or to become due to CONTRACTOR.
If it is subsequently determined by a court of competent jurisdiction that CITY's
termination of this Agreement under this Section was wrongful, such termination shall be
converted to a termination for convenience under Section 9 and any damages shall be assessed as
set forth in Section 9.
9. TERMINATION FOR CONVENIENCE
CITY may terminate this Agreement for convenience at any time with or without
cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written
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notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay
CONTRACTOR for value of work in place on the PROJECT through the termination period plus
seven and one-half percent (7 I/2 %) for overhead and profit less all such payments already made.
Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by
CITY for its convenience and CITY shall have not further obligation to CONTRACTOR.
10. REMEDY ON BREACH
In the event that CONTRACTOR shall breach, or fail to execute in good faith,
any of the terms or conditions of this Agreement, and should CONTRACTOR fail to cure such
breach or failure within ten (10) calendar days after CITY gives written notice thereof, the CITY
may terminate this Agreement and complete the work to be accomplished hereunder for the
account and at the expense of CONTRACTOR. CONTRACTOR shall be liable for any excess
cost to CITY over the original contract price. In the event CITY completes the work, or causes
the work to be completed, no sum shall be paid to CONTRACTOR until the work is complete.
All costs of completion shall be deducted before any payment to CONTRACTOR is made. If
the unexpended portion of the contract price is less than CITY's cost to complete,
CONTRACTOR shall pay CITY a sum equal to said difference on demand. The remedies
contained in this section are cumulative and are in addition to all other rights of CITY pursuant
to this Agreement and at law or in equity.
11. CHANGES
CONTRACTOR shall adhere strictly to the Scope of Services set forth in Exhibit
A unless a change therefrom is authorized in writing by the Public Works Department (the
Department). CONTRACTOR agrees to make any and all changes, furnish materials and
perform all work necessary within the scope of the PROJECT as the Department may require in
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writing. Under no condition shall CONTRACTOR make any changes without the written order
of the Department, and CITY shall not pay any extra charges made by CONTRACTOR that have
not been agreed upon in writing by the Department.
CITY reserves the right to make such increases or decreases in the quantity of any
item of work to be performed or furnished under this Agreement; and in the event that any such
increase or decrease in the quantity of work to be performed or furnished is so ordered, the
amount to be paid CONTRACTOR under this Agreement shall be correspondingly increased or
decreased, as the case may be, in proportion to the increased or decreased quantities of work.
12. DIFFERING SITE CONDITIONS
A. Notice: The CONTRACTOR shall promptly, and before any conditions
are disturbed, notify the Department in writing of-
(1) Subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the Contract Documents; or
(2) Unknown physical conditions at the job site, of an unusual nature,
differing materially from those ordinarily encountered and generally recognized as inherent to
work of the character to be performed under this Agreement. The Department shall promptly
investigate the conditions and if it finds that such conditions do materially so differ and cause an
increase or decrease in the time required for performance of any part of the work under this
Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall
be made and the Agreement modified in writing accordingly;
B. Time Extension: No claim of the CONTRACTOR under this Section
shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided,
however, the time prescribed therefor may be extended by CITY.
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13. SAFETY PRACTICES
CONTRACTOR shall comply fully with all laws, orders, citations, rules,
regulations, standards and statutes, with respect to occupational health and safety, the handling
and storage of hazardous materials, accident prevention, safety equipment and construction
practices. CONTRACTOR shall conduct inspections to determine that safe working conditions
and equipment exist and accepts sole responsibility for providing a safe place to work for its
employees and for employees of its subcontractors and suppliers of material and equipment, if
any, for adequacy of and required use of all safety equipment and for full compliance with the
aforesaid laws, orders, citations, rules, regulations, standards and statutes.
14. WARRANTIES
The CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any workmanship, installation, fabrication, material or
structural facilities maintained. CONTRACTOR, within ten (10) days after notice by CITY of
any defect in the work, shall have the option to make appropriate repairs or replace the defective
work. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair,
replacement or rework at CONTRACTOR's risk and expense.
15. INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and shall be, acting at all
times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR
shall secure at its expense, and be responsible for any and all payment of all taxes, social
security, state disability insurance compensation, unemployment compensation and other payroll
deductions for CONTRACTOR and its officers, agents and employees and all business licenses,
if any, in connection with the PROJECT.
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16. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and
against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and
consequential damage or liability of any kind or nature, however caused, including those
resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's
property, arising directly or indirectly out of the obligations or operations herein undertaken by
CONTRACTOR, caused in whole or in part by any negligent act or omission of the
CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, including but not limited to concurrent active
or passive negligence, except where caused by the active negligence, sole negligence, or willful
misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense
and CITY shall approve selection of CONTRACTOR's counsel. CITY shall be reimbursed for
all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall
apply to all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided by
CONTRACTOR.
17. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges
awareness of section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers' compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
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CONTRACTOR shall maintain workers' compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee,
Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONTRACTOR shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers' compensation
insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
18. INSURANCE
In addition to the workers' compensation and employer's liability insurance and
CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR
shall obtain and furnish to CITY, a policy of general public liability insurance, including motor
vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its
officers, employees and agents while acting within the scope of their duties, against any and all
claims arising out or in connection with the PROJECT, and shall provide coverage in not less
than the following amount: combined single limit bodily injury and property damage, including
products/completed operations liability and blanket contractual liability, of One Million Dollars
($1,000,000) per occurrence. If coverage is provided under a form which includes a designated
general aggregate limit, the aggregate limit must be no less than One Million Dollars
($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed
officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide
that any other insurance coverage which may be applicable to the PROJECT shall be deemed
excess coverage and that CONTRACTOR's insurance shall be primary.
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Under no circumstances shall said above-mentioned insurance contain a self-insured
retention without the express written consent of CITY; however an insurance policy "deductible"
of$5,000.00 is permitted.
19. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; the certificates shall:
1. provide the name and policy number of each carrier and policy;
2. state that the policy is currently in force; and
3. promise to provide that such policies will not be canceled or modified without
thirty (30) days' prior written notice of CITY.
CONTRACTOR shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth
under this Agreement. CITY or its representative shall at all times have the right to demand the
original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and
timely manner, the premiums on all insurance hereinabove required.
CONTRACTOR shall provide a separate copy of the additional insured
endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected
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and appointed officials, employees, agents and volunteers as Additional Insureds, to the City
Attorney for approval prior to any payment hereunder.
20. NON-ASSIGNABILITY
CONTRACTOR shall not assign the agreement or any interest therein or any
portion thereof without prior written approval from the Director of Community Services. The
CITY's approval may be conditioned on the proposed assignee or subcontractor agreeing to
revisions to the agreement to reflect market conditions of CITY requirements that are then
current or other such conditions that the CITY may deem appropriate. Also, no assignee or
subcontractor will be approved who is not at least comparable to the original contractor in
financial or professional competence to perform the duties.
21. BUSINESS LICENSE
CONTRACTOR will be required to obtain a business license from CITY.
22. NONDISCRIMINATION
CONTRACTOR shall not discriminate in any manner against any person by
reason of race, religion, creed, color, natural origin, ancestry, physical handicap, medical
condition, marital status or gender. CONTRACTOR shall comply with the CITY adopted
program for equal employment opportunities.
23. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee
in the work performed pursuant to this Agreement. No officer or employee of CITY shall have
any financial interest in this Agreement in violation of California Government Code sections
1090 et seq.
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24. NOTICES
All notices required or permitted hereunder shall be in writing and delivered in
person or by registered or certified mail to the following authorized representative of the party to
whom delivery is to be made, at the place of business of such party, or to any other place
designated in writing by such party.
FOR CITY FOR CONTRACTOR
Maintenance Operations Manager
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
25. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement,
CONTRACTOR shall file with the Department its affidavit stating that all workers and persons
employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in
full and that there are no claims outstanding against PROJECT for either labor or material,
except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in
connection with Notices to Withhold which have been filed under the provisions of the statutes
of the State of California.
26. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
27. RESERVED
28. CAPTIONS
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Captions of the section of this Agreement are for convenience and reference only,
and the words contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement.
29. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the provisions
of U.S.C. Section 1324a regarding employment verification.
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONTRACTOR.
31. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
REST OF PAGE INTENTIONALLY LEFT BLANK
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32. ENTIRETY
The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers on
CONTRACTOR CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
\ California
By:
print name � Director o u lic Works
ITS: (circle one)Chairman/ resident/Vice President
AND REVIEWED AND APPROVED:
IL&--- -
By:
Director of Finance
print name (HSMC§3.02.050(b))
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary-Treasurer
APPROVED AS TQ O M.
l
i{y Attorney
REVINigD APPROVED:
City anager
15
g/agree/sample maintenance
3 �
Specifications for Central and Marina Park Restroorn Janitorial Maintenance
All Park restrooms will be cleaned daily: Monday through Friday prior to 10:00 a.m. Saturdays, Sundays,
and holidays, restrooms will be cleaned prior to 9:00 a.m,
Daily: Contractor will LOCK all restrooms starting @ 8:00 p.m.
1. Scrub and clean the water closets, urinals, sinks, doors, partitions, floors and dispensers. Fixtures
shall be free of stains and graffiti. Top and bottom of toilet seats, base and behind fixtures shall be
clean. Floors shall not have standing water and shall be squeegee'd or swept after washing to
remove standing water. A germicidal detergent shall be used for cleaning.
2. Walls, ceilings and light fixtures will be kept free of cob webs, dirt, algae, "spit-balls", and debris,
3. Check for proper operation and refill all dispensers and paper products.
4. Empty and clean trash containers; replace trash can liners,
5. While servicing restroom, Contractor shall post a sign at the entrance door indicating that the
restroom is temporarily closed for cleaning.
6. Any damage, vandalism, or graffiti shll he reported immediately to the Park Maintenance
Supervisor at 714/S36-S480.
7. Contractor will OPEN all restrooms before Park use hours at 5:00 a.m.
Weekly:
I. Clean exterior walls and concrete of all restrooms to remove dirt, debris, cobwebs, and stains.
2. Scrub and clean interior walls and ceilings to remove dirt, debris, cobwebs, and stains.
3. Clean all air vents to remove dirt, debris, cobwebs, and stains.
Paper Products and Supplies:
1. The Contractor shall provide all equipment and supplies; detergents, mops, hoses, brushes,
cleaning products, paper products, trash liners, and disinfectants required to maintain the
restroom in a clean and orderly manner.
a, Toilet paper shall be SOO 2-ply sheets/roll,4.5" x 4.5" Fort Howard 198 Sof-Knit or equivalent
b. Trash receptacle liners shall be minimum I ml thickness
c. All purpose cleaner shall he non-toxic, biodegradable and germicidal Simple Green d Pro 3
Germicidal cleaner or equivalent.
2, The quality of all cleaning supplies and paper products is subject to approval by City.
General Requirements:
1. Employees shall wear uniform furnished by Contractor and bearing company name at all times
while servicing City sites.
2. Contractor is responsible to collect trash from restroom receptacles and dispose of at
Contractor's premises, City trash receptacles or clumpsters are not to be utilized for disposal of
restroom trash,
i
3. Contractor shall use due care to protect all furnishings, fixtures, landscape, and improvements
from damage by its operations. All damage shall be repaired or replaced, at the option of the
City, at the Contractor's expense within a reasonable time after notification of such damage.
4. Discharges of detergent and/or wash water to the storm water drainage system from cleaning or
hosing of impervious surfaces is prohibited. Contractor is responsible to ensure that all washing
fluids are discharged to the sanitary sewer via drains and/or floor drains, or recovered.
S. Vehicle Signage (as Sunset Beach Spes)
Alternate Item#1: Specifications for Picnic Shelter Janitorial Maintenance
Picnic Shelters will be cleaned 2 times per week: Monday and Friday prior to 10:00 a.m. Work may
not start prior to 6:30 a.rn.
Each Service:
1. Scrub and clean the picnic tables, sinks, counters, and floors,Tables and Floors shall be free of
standing water and shall be squeegee'd or swept after cleaning to remove standing water.
2. Clean all barbeque fixtures in and immediately adjacent to the picnic shelter by removing excess
food, ashes, and spent charcoal.
General Requirements:
1. Employees shall wear uniforms furnished by Contractor and bearing company name at all times
while servicing City sites.
2. Contractor shall use due care to protect all furnishings, landscape, and improvements from
damage by its operations. All damage shall be repaired or replaced, at the option of the City, at
the Contractor's expense within a reasonable time after notification of such damage.
3. Discharges of detergent wash water to the storm water drainage system from cleaning or hosing of
impervious surfaces is prohibited. Contractor is responsible to ensure that all washing fluids are
discharged to the sanitary sewer via drains and/or floor drains, or recovered.
Alternate Item#2: Specifications for Sunset Beach Greenbelt Restroorn Janitorial Maintenance
All Sunset beach Greenbelt restrooms will be cleaned daily: Monday through Sunday (7 days per week)
commencing at 10: p.m. Work cannot be started prior to 10 p.m. Work must be completed by 2:00 a.m.
Daily:
1. Scrub and clean the water closets, urinals, sinks, doors, partitions, floors and dispensers, Fixtures
shall be free of stains and graffiti. Top and bottom of toilet seats, base and behind fixtures shall be
clean. Floors shall not have standing water arid shall be squeegee'd or swept after washing to
remove standing water. A germicidal detergent shall be used for cleaning,
2. Walls, ceilings and light fixtures will be kept free of cob webs, dirt, algae, "spit-balls", and debris.
3. Check for proper operations and refill all dispensers and paper products
4. Empty and clean trash containers, replace trash can liners.
5. Sweep exterior showers to remove sand and debris. Scrub and clean the exterior showers with
germicidal cleaner to remove dirt, mold, and algae.
6. Scrub and clean the exterior water fountains with germicidal cleaner.
7. While servicing restroom , Contractor shall post a sign at the entrance door indicating that the
restroom is temporarily closed for cleaning.
8. Contractor will LOCK all restrooms upon completion of the specified work.
9. Any damage, vandalism, or graffiti shall be reported immediately to the Park Maintenance
Supervisor at 714/536-5480.
10. Contractor must(OPEN) restroom before 5:00 a.m. , (Parks CLOSED 10:00 p.m. -5:00 a.m.)
Weekly:
1. Clean exterior walls and concrete of all restrooms to remove sand, dirt, debris, cobwebs, and
stains.
2. Scrub and clean interior walls and ceilings to remove dirt, debris, cobwebs, and stains.
3. Clean all air vents to remove dirt, debris, cobwebs, and stains.
Paper Products and supplies:
1. The contractor shall provide all equipment and supplies; detergents, mops, hoses, brushes,
cleaning products, paper products, trash liners, and disinfectants required to maintain the
restroorn in a clean and orderly manner.
a. Toilet paper shall be 500 2-ply sheets/roll,4.5" x 4.5" Fort Howard 198 Sof-Knit or equivalent.\
b. Trash receptacle liners shall be minimum I ml. thickness,
c. All purpose cleaner shall be non-toxic, biodegradable and germicidal Simple Green d Pro 3
Germicidal cleaner or equivalent.
2. The Quality of all cleaning supplies and paper products is Subject to approval by City,
1
General Requirements:
E
a.. Employees shall wear uniform furnished by Contractor and hearing company name at all times
while servicing City sites.
2. Contractor is responsible to collect trash from restroom receptacles and dispose of at
Contractor's premises. City trash receptacles or dumpsters are not to be utilized for disposal of
restroom trash.
3. Contractor shall use due care to protect all furnishings, fixtures, landscape, and improvements
from damage by its operations. All damage shall be repaired or replaced, at the option of the
City, at the Contractor's expense within a reasonable time after notification of such damage.
4. Discharges of detergent and/or wash water to the storm water drainage system from cleaning or
hosing of impervious surfaces is prohibited. Contractor is responsible to ensure that all washing
fluids are discharged to the sanitary sewer via drains and/or floor drains, or recovered.
5. Contractor must have vehicles marked with name and telephone number of company. Vehicles
must be in good condition. When on duty in City vehicle; must display a sign with message
"Under Contract for the City of Huntington Beach".
t
PARK RESTROOMS I SHELTER MARNT. SCHED.
MONDAY: CLEAN & STOCK ALL RESTROOMS, CENTRAL & MARINA&
SUNSET BEACH
CLEAN PICNIC SHELTER, CENTRAL& MARINA
TUESDAY: CLEAN & STOCK ALL RESTROOMS, CENTRAL & MARINA&
SUNSET BEACH
WEDNESDAY:
FRIDAY: CLEAN &STOCK ALL RESTROOMS, CENTRAL & MARINA&
SUNSET BEACH
THURSDAY: CLEAN & STOCK ALL RESTROOMS, CENTRAL& MARINA&
SUNSET BEACH
FRIDAY: CLEAN & STOCK ALL RESTROOMS, CENTRAL & MARINA&
SUNSET BEACH
CLEAN PICNIC SHELTER , CENTRAL& MARINA
SATURDAY: CLEAN & STOCK ALL RESTROOMS, CENTRAL & MARINA&
SUNSET BEACH
SUNDAY: CLEAN & STOCK ALL RESTROOMS, CENTRAL& MARINA&
SUNSET BEACH
I
I
i
3
3
7
i
BID SHEET
Provide Central and Marina Park Restroom Janitorial Pricing as Follows:
Location it Monthly Service (a) x (b)
Restrooms per Restroom Total Monthly
Central Park 12
(6 buildings)
Marina Park 2
1 buildin
Total 14
As Needed Extra Daily As Needed Extra Daily Service;
Location Service; Weekday. Per Saturday, Sunday and Holiday.
Restroom Per Restroom
Central Park
Marina Park
Provide Hourly Rates as follows:
Janitor's Hourly Rate: $
Supervising Janitor's Hourly Rate: $
Provide Bid Alternate #1 - Picnic Shelter Janitorial Pricing as follows:
As Needed Extra
Location it Monthly Service As Needed Extra Daily Service;
Shelters Daily Service; Saturday, Sunday
weekday and holiday
Central Park 1
Marina Park 1
Total 2r+ � x4rp ' �� , d� �l �jk ru
37'v, � r� "°� �' �,}ij��7a kk"�'A ct+i'T rq�,�.,h� �H it,µ�•
5
Provide Bid Alternate #2 --- Sunset Beach Greenbelt Restroorn Janitorial pricing as
follows:
(a) (b)
Location # Monthly Service (a) x (b)
Restrooms per Restroom Total Monthly
Sunset Beach Greenbelt 20
(5 buildings) ..........
Total 20
City tin
Restroom Addresses
Sunset 151., 152., 163.,173
1. 17166 Pacific Ave
2. 17002 Pacific Ave.
. 16804 Pacific Ave.
4. 16624 Pacific Ave.
. 16412 Pacific ave.
Central rk: RD 1991P281
18100 Goldenwest St.
{
Marina Community Center-,
5562 Graham St.
i
i
Sister Ave.
Jf 3
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HUNTINGTON CENTRAL PARK
McFadaen Ave.
J
]502 ui 5502 550 R 1554 t5, - r,--
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M Parking
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1
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Parking
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MARINA PARK
5582 CROSS DRIVE
(EDINGER AT GRAHAM)
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SUNSET BEACH GREENBELT
Restroom Locations:
1. Warner Parking Lot
2. Pacific Ave. at 7t" Street
I Pacific Ave. at Broadway
4. Pacific Ave. at 191h Street
5. Pacific Ave. at 25th Street
t'N4re / Rye rp4 jb/e
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FOS
PURCHASE ORDER Page: 1
City of Huntington Beach
(714) 374-1569 / (714) 960-8878
Billing Inquiries: (714)374-1568 This number must
Please send invoices Attn:Account Payable appear on
P.O. Box 784 Packages and Invoices
Date:01/18/2017 Huntington Beach, CA 92648
16819-OC
Branch/Plant: 10085602
Supplier: Ship To
MUNICIPAL CONTRACT SERVICES CITY OF HB-PARK MAINT YARD
2422 RALSTON LN 17581 GOTHARD ST
REDONDO BEACH CA 90278-5122 HUNTINGTON BEACH CA 92647-6213
Order Date: Delivery Date: Buyer: ^� Freight: Terms:
01/18/017 10/31/2017 OPEN PURCHASE Net 30 Days(Default)
ORDERS
Per RFQ#16-1004,all terms and conditions and specifications of which become a part of this order.
BLANKET PURCHASE ORDER THROUGH OCTOBER 31,2017
Individual purchase transactions will be limited to$5000.00 unless the Fiscal Services Manager gives approval. The city reserves the
right to cancel or revise this order at anytime by submitting written notice. Split invoicing to avoid this limitation is not authorized.This
purchase order is primarily used to obtain high usage items or service and not to be used for Capital purchases. No backorders will be
permitted.
LINE QTY UOM UNITPRICE EXTENDED PRICE
NUMBER DESCRIPTION/SUPPLIER ITEM ORDERED
1.000 Janitorial Service EA
Order Subtotal
Sale Tax
Total Order
TERMS AND CONDITIONS ON REVERSE
FORM APART OF THIS ORDER
Jim Slobojan, iscal Services, City of Huntington Beach