Loading...
SR - AGR-6267.B.4 - FOURTH AMENDMENT CUSTODIAL CLEANING SERVICES CITY PARKS *���°�°����c* AGENDA ITEM �:. �� 9yO�•,�p����8g,•�,�a November 13, 2018 C��UNTY CPy Reviewed/Verified TO: Honorable Mayor and City Manager � Members of the City Council Finance Dire To Be Presented By:Bonnie Hagan THRU: Rick Otto City Manager / X Cons Calendar _ City Mgr Rpts Council Reports Legal Affairs FROM: Bonnie Hagan !�, Boards/Cmtes _ Public Hrgs Community Services Director Admin Reports Plan/Environ 1. SUBJECT Fourth Amendment to Agreement No. 6267.B with Merchants Building Maintenance, LLC, for additional labor costs for custodial cleaning services in City parks. 2. SUMMARY This amendment provides for additional labor costs during tlie first and second term extensions of the agreement due to new State mandated minimum wage increases scheduled to take effect January 1, 2019. The original agreement was awarded prior to the new legislation. 3. RECOMMENDED ACTION Approve the amendment with Merchants Building Maintenance, LLC, in the amount of$32,190, and authorize the Mayor and City Clerk to execute on behalf of the City. 4. FISCAL IMPACT The total expenditure for this amendment is $32,190 and will be funded through General Fund (100). 5. STRATEGIC PLAN GOAL(S) 2. Be a fiscally healthy community: d. Effectively manage and develop City assets. ITEM � • � 1 11/13/18 6. GENERAL PLAN IMPLEMENTATION Natural Resources Element Goal 5.0: Provide recreational facilities and programs that adequately serve the needs of residents. Policy 5.1: Maintain existing City parks at levels that provide maximum recreational benefit to City residents. 7. DISCUSSION and BACKGROUND Background In January 2016, the City Council approved an agreement with Merchants Building Maintenance, LLC (Merchants), for building maintenance/custodial cleaning services in city parks. The initial term was two years and five months, commencing February 1, 2016, with two optional one-year extensions in July 2018 and July 2019. In April 2016, Senate Bill 3 (SB3) was signed into law, raising California's minimum wage to $15 by 2022, with a one-dollar increase per year taking effect January 1, 2017. In July 2016, oversight of the Senior Center transitioned from Public Works to Community Services. As such, a first amendment was executed to add custodial services for the Senior Center. In April 2018, after the completion of the Yorba Park renovation project, a second amendment was executed to add custodial services for Yorba Park to the original agreement. In July 2018, a third amendment was executed to exercise the first extension term, continue services at Yorba Park, and add on-call services at the Senior Center. Discussion In September 2018, the City received a request from Merchants for a contract increase to accommodate the SB3 mandated wage increase. The minimum wage increases from $11 to $12 effective January 1, 2019, which represents a 9.1% increase. The minimum wage increases again effective January l, 2020 to $13, which represents an 8.3% increase. After review, staff determined this is the only agreement executed before SB3 that is directly affected by the wage increase. Staff worked with the contractor to determine that 76.5% of the total contract amount is affected by the wage-related increase. This accounts for direct labor and wage related insurance costs. Staff is recommending approval of a fourth amendment to provide a proportionate increase, consistent with the 9.1°Io and 8.3% mandated increases, on the labor related portion of the ITEM 2 11/13/18 existing agreement. The increases take effect each calendar year, and would increase the first extension term amount by $10,818 (January 2019 - June 2019) and the second extension term amount by $21,372 (July 2019 - June 2020). Staff feels that it is in the city's best interest to accommodate the wage increase on a dollar-for-dollar basis, versus re-bidding the agreement early. A summary of the contract is provided below. � Ori inal � ,� °1st Extension', `2nd Extension Comlii�nec���`m Dates o Contract 2/1/16-6/30/18 7/1/18-6/30/19 7/1/19-6/30/20 2/1/16-6/30/20 Base Amount $ 554,983 $ 229,648 $ 229,648 $ 1,014,279 Contingency 16,649 6,889 6,889 30,428 Total Contract Amount : ��� �571,632��,�'� 236,537 , ' 236,537 ����� 1,044�707���� lst Amendment 121,739 63,516 63,516 248,771 (add Senior Center starting . `" " �' � ° 7/12/16) � ` �. "693,371 `�� �_ ��30,0,053 �� � 300,053�� � . �1,293,478��� 2nd Amendment 4,911 - - 4,911 (add Yorba Park for April to � �• � � �� � �`���° �' � �� � � °� June 2018) �,� ��� 698,282 � .`��300,053 t� 3�00,053': � � 1,298,389.� 3rd Amendment _ 10,744 - 10,744 (Execution of 1 st Extension, Yorba Park services, and . additional Senior Center- ` ��- $ 69�8,282� �•�� ��$�310,797:. .�� �, $'300,053�� $ 1,309,133 on call) ���� ��� � ��`� ' � � Pro osed 4th Amendment � Increase:9:1�% on Wage �:' , �_ � :�. ` �. . ��� � , � , . .. : . _ ..; . . . . ,�; , , ,Related Costs..(7,6;5%) . . ; .: 10,8:18 - 10,818;' �21;636 : :effective Januar.y 1,.2019 ` " .; .. , . � .. , - Increase 8..3°Io on Wage ,,, . : .. ,;, .. .. . ,,_ . . , .: I2elated.Co:sts�(76,5:%) ' ' �10,554• ` 10;554 : . . . . . � °:. ;':effective January.l;2020' ` . :. ' . ' - " _. : . ,� S � '�'s b { ,� s>'F�L y.� �: : : r..#�. '�rR^s��`�s�"x' ,� � r*9�a5�`����7 r��s5 �"�4,� 3 . y 3,�.�,, � ,��, t'a�.: : . � ������Increase�Total����°������� � � ° �1�0,8518� �,��;_�21�,37�2� 32,�905� .; °' '�f �9�"`�"'� .>=--s.� ,s;� � �`'�,�g�, �� .'- � i Ta' "".x;�+ . [ .F,_ _ ..>.,- P �; � ¢' Contract Amounts Total $ 698,282 $ 321,616 $ 321,425 ' $ 1;341,323 The wage related increase will be funded through the General Fund (100). For the current fiscal year (FY19), the increase of $10,818 will be absorbed in the Community Services Department budget. Costs for the increases to FY20 will be included in the annual budget process. Staff anticipates returning to City Council in May 2019 for approval of a fifth amendment to execute the second term extension and continue added services. ITEM 3 11/13/18 8. ATTACHMENTS • Attachment A—Draft Fourth Amendment to Agreement No. 6267.B • Attachment B —Agreement No. 6267.B • Attachment C—Agreement No. 6267.B.1 • Attachment D—Agreement No. 6267.B.2 • Attachment E—Agreement No. 6267.B.3 � ITEM 4 11/13/18 AGR-6267.B.4 FOURTH AMENDMENT TO CONTRACT [Custodial Services for City Park Facilities] This Fourth Amendment to Contract (the "Fourth Amendment") is made and entered into as of , 2018, by and between the CITY OF OR.ANGE, a municipal corporation (the "City"), and MERCHANTS Bi.T�,DING MAINTENANCE, LLC, a California limited liability company(herein referred to as the"Contractor"), with reference to the following: A. The City and the Contractor entered into that certain Contract (Agreement No. 6267.B) dated as of January 14, 2016, (the "Original Agreement"), which was later amended by that certain First Amendment to Contract, dated as of July 12, 2016 (Agreement No. 6267.B.1) (the"First Amendment"), and that Second Amendment to Contract dated as of Apri124, 2018 (Agreement No. 6267.B.2) (the "Second Amendment"), and that Third Amendment to Contract dated as of July 23, 2018 (Agreement No. 6267.B.3) (the "Third Amendment"). The Original Agreement, the First, Second, and Third Amendments are incorporated herein by this reference; and B. The City and the Contractor desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW,THEREFORE,the parties hereby agree as follows: Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. Section 2. Cross-References. The City and Contractor hereby agree that all references in the Original Agreement or this Fourth Amendment to the "Original Agreement" are deemed and construed to refer to the Original Agreement, as implemented by this Fourth Amendment. Section 3. Revised Scone of Services. The Scope of Services, Exhibit A to the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference. Section 4. Amended Compensation — First Extension. The total not-to-exceed compensation (exclusive of reimbursables) for the First Extension Term commencing on July 1, 2018 and terminating June 30, 2019, in an annual amount not to exceed THREE HUNDRED TEN THOUSAND SEVEN HUNDRED NINETY-SEVEN DOLLARS and 00/100 ($310,797.00) is hereby amended for an increase of TEN THOUSAND EIGHT HUNDRED EIGHTEEN DOLLARS and 08/100 ($10,818.08) such that the Contractor's total compensation for this First Extension Term is THREE HUNDRED TWENTY ONE THOUSAND SIX HUNDRED FIFTEEN DOLLARS and 50/100 ($32.1,615.50)without the prior written authorization of the City. Section 5. Amended Comuensation-Second Extension. The total not-to-exceed compensation (exclusive of reimbursables) set forth in the First Amendment for the services to be rendered under the Second Extension Term was the sum of THREE HCTNDRED THOUSAND FIFTY THREE DOLLARS and 42/100 ($300,053.42). The First Amendment is hereby amended to provide for an increase of TWENTY ONE THOUSAND THREE HiTNDRED SEVENTY TWO DOLLARS and 02/100 ($21,372.02) in the total not-to-exceed compensation, such that the Contractor's total compensation under the Original Contract for the Second Extension Term shall not exceed THREE HiTNDRED TWENTY ONE THOUSAND FOUR HLTNDRED TWENTY FIVE DOLLARS and 44/100 ($321,425.44)without the prior written authorization of the City. Section 6. Intesration. This Fourth Amendment, the agreements specifically referred to herein, and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect to the subject matter hereof. This Fourth Amendment amends, as set forth herein, the Original Agreement and the First, Second, and Third Amendments and, except as specifically amended hereby, the Original Agreement and the First, Second, and Third Amendments shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Fourth Amendment and the terms and provisions of the Original Agreement and/or the First, Second, and Third Amendments, the terms and provisions of this Fourth Amendment shall control and govern the rights and obligations of the parties. [Remainder of page intentionally left blank;signatures on next pageJ 2 IN WITNESS of this Agreement, the parties enter into this Fourth Amendment on the year and day first above written. "CONTRACTOR" "CITY" MERCHANTS BUILDING MAINTENANCE, CITY OF ORANGE, a municipal corporation LLC, a California limited liability company *By: By: Printed Name: Teresa E. Smith, Mayor Title: *By: ATTEST: Printed Name: Title: Robert Zornado, Chief Clerk APPROVED AS TO FORM: Gary A. Sheatz Senior Assistant City Attorney *NOTE: The City requires the following signature(s)on behalf of the Consultant: -- (1) the Chairman of the Board, the President or a Vice President,AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office,please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreemen� A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement,must be provided to the City. 3 EXHIBIT "A" REVISED SCOPE OF SEIZVICE5 [Behind this page.] MERCHANTS BUILDING CONTRACT MINIMUM WAGE INCREASE SUMMARY Original . 1 st Extension ; 2nd Ex#ension Combined Dates of Contract 2/i/16-6/30/18 7/i/18-6/30/19 7/1/19-6/30/20 2/1/16-6/30/20 Base Amount $ 554,982.85 $ 229,648.00 $ 229,648.00 $ 1,014,278.85 Contingency $ 16,649.28 $ 6,889.42 $ 6,889.42 $ 30,428.12 Total Contract Amount $ 571,632.13. $` 236,537..42 �$ 236,537.42 $ 1,044,706.97 1st Amendment $ 121,739.00 $ 63,516.00 $ 63,516.00 $ 248,771.00 (add Senior Center starting 7/12/16) $ , n 693,371�.13��,��_$ � ,,,,300,053.42:e �$� �.: .'.3�00;053;42 �$� .1.,293,477.97� 2nd Amendment $ 4,911.00 $ - $ - $ 4,911.00 (add Yorba Park for April to June 2018) $ � -698;282.13 ;.$; " ,300,053.42 $ . . 300,053.42 $ 1,298,388.97 3rd Amendment $ - $ 10,744.00 $ - $ 10,744.00 (Execution of 1 st Extension,Yorba Park .•: � �, . . . �.. services, and additional Senior Center- , , "., , 4,",; , :, : , --.. . ` ' . on call) $ , 698,282.13 $ ;_310,797.42' $` 300,053:42 $ 1,309,132.97 4th Amendment . .. , .. .. ,. . .. . ... ,. . ,. .: . ,. .._ . . . - ., Increase,9:1%on Wage Related.Gosts $� . .: ; $ , 10,81:8.08. .$ 10;818.08: $ , , 21,636.16. (76..5%)effective January 1,:2019 ' _ ' .. . .. . .. . :. . . . . � : ,.. .. . , . . .. Increase 8,3% on Wage Rela#ed,Costs $ -. . :$ .' � ' , . -.. ._ $ �. ' 10;553.94 $ 10,553.94 76 5% effective Janua 1 2020 � � : •(. � ) rY ., . - g� .Increa`se`Totalf' $ _ �< � $� ',1IU,8�1�8`�08f�; $; " .•291',3r7N2:U2 $'° � "°'32,190 '1:Q°' I • . „ � . n � E. , a.,�. f � . . , . Revised Annual Total with Increas $ 698,282.13 $ 321,615.50 $ 321,425.44 $ '1,341,323:07 Exhibit A Page 1 of 3 Proposed 9.1%Increase on Wage-Related Costs(76.5%) Effective 01/01/19-12/31/19 Location Price per Day Price per Month Eisenhower Park $ 26.62 $ 816.12 EI Camino Park $ 27.88 $ 854.62 EI Camino Park Community Room $ 17.03 $ 521.97 EI Modena Park $ 21.56 $ 661.02 Fred Barrera Park $ 21.56 $ 661.02 Grijalva Park $ 26.62 $ 816.12 Grijalva Sports Center $ 65.07 $ 1,994.83 Handy Park $ 21.56 $ 661.02 Handy Park Trailer $ 13.08 $ 401.11 Hart Park $ 43.09 $ 1,320.97 Hart Park Community Room $ 17.03 $ 521.97 Hart Park Pool-Seasonal $ 35.31 $ 1,082.45 Hart Park Pool Exterior Restroom $ 21.56 $ 661.02 Killefer Park Rec Center $ 17.03 $ 521.97 La Veta Park $ 21.56 $ 661.02 McPherson Athletic Facility $ 21.56 $ 661.02 Metro-Link Station $ 113.26 $ 3,471.97 Olive Park $ 21.56 $ 661.02 Olive Park Community Room $ 18.28 $ 560.48 Pitcher Park $ 10.26 $ 314.47 Santiago Hills Park $ 21.56 $ 661.02 Senior Center $ 184.68 $ 5,661.47 Serrano Park $ 21.56 $ 661.02 Shaffer Park $ 21.56 $ 661.02 Shaffer Park Community Room $ 18.91 $ 579.73 Steve Ambriz Memorial Park $ 26.17 $ 802.21 Yorba Park $ 23.97 $ 734.83 Exhibit A Page 2 of 3 Proposed 8.3%Increase on Wage-Related Costs(76.5%) Effective 01/01/20-06/30/20 Location Price er Day Price per Month Eisenhower Park $ 28.31 $ 867.94 EI Camino Park $ 29.65 $ 908.89 EI Camino Park Communit Room $ 18.11 $ 555.11 EI Modena Park $ 22.93 $ 702.99 Fred Barrera Park $ 22.93 $ 702.99 Grijalva Park $ 28.31 $ 867.94 Grijalva S orts Center $ 69.21 $ 2,121.49 Hand Park $ 22.93 $ 702.99 Hand Park Trailer $ 13.92 $ 426.57 Hart Park $ 45.83 $ 1,404.85 Hart Park Communit Room $ 18.11 $ 555.11 Hart Park Pool-Seasonal $ 4.93 $ 151.18 Hart Park Pool Exterior Restroom $ 22.93 $ 702.99 Killefer Park Rec Center $ 18.11 $ 555.11 La Veta Park $ 22.93 $ 702.99 McPherson Athletic Facilit $ 22.93 $ 702.99 Metro-Link Station $ 120.45 $ 3,692.42 Olive Park $ 22.93 $ 702.99 Olive Park Communit Room $ 19.44 $ 596.07 Pitcher Park $ 10.91 $ 334.43 Santia o Hilis Park $ 22.93 $ 702.99 Senior Center $ 196.41 $ 6,020.95 Serrano Park $ 22.93 $ 702.99 Shaffer Park $ 22.93 $ 702.99 Shaffer Park Communit Room $ 20.11 $ 616.54 Steve Ambriz Memorial Park $ 27.83 $ 853.15 Yorba Park $ 25.49 $ 781.48 Exhibit A Page 3 of 3 A — caa��.� : � CONTRACT [Custodial Services for City Park Facilities] THIS CONTRACT (here'in referred to as the"Contract"} is made and entered into as of 20i6 (herein refened to as the `Bffective Date") by and between the CITY OP 0 NGE, a rnunicipal corporation ("City"), and MERCHANTS BUILDING . MATNTENANCE, LLC, a California limited liability company (the "Contractor"}, with its principal office for pvrposes of this Contract at 1639 E.Edinger Ave#C in the City of Santa Ana, State of California. ARTICLE I For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City, the Contractor hereby agrees to and shall do all the work and � furnish all the labor,inaterials, tools and equipment, necessary to complete in good workmanship , and subst�ntial manner tlie work and services (herein refeiYed to collectively as tlie "Work") described in the Custodial Specifications, which is attached hereto as Attachment No. 1, at the Iocations and at the associated costs set farth in Attach�nent No.2. The Work is to be performed in conformity with Custodial5pecifications at the City Park buildii�gs aizd facilities identified in the Custodial Specifications and in accordance with all applicable laws,inclnding all applicable federal and state labor laws and standards and applicable prevailing wage requirements. � Unlcss and until otherwise notified in writing by the City's Comenunity Services Director, ' Don Equitz, The City's Acting Senior Landscape/Project Coordinator (herein referred to as the "Authorized City Representative"),shall be the person to whom the Contractor will report for the performaiice of the Work hereunder. It is understood that Contractor's performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other peisoii as tlie City's Community 5ervices Director may designate from time to time, that Contrlctar shall coordinate its Work hereunder with the Authprized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor sllall be perfonned to the reasonable satisfaction of the Authorized City Representative or the City's Community Services Director. ARTYCLE II Tlae parties hereby agree that the total compensation payable to Contractor for the Work during the initial term of this Contract, inclusive of contingencies, shall not exceed the sum of FTVE HUNDRED SEVENTY ONE THOUSAND SIX HUNDRED THIRTY TWO DOLLARS and 13/100($571,632.13). The Contractor agrees to perform only that work or those services that are specifically requested and authorized by the Authorized City RepresentaNve from time to time during the Term. Attachment B-Page 1 of 50 Any and all additional work and services perfonned under this Contract shall be completed in such sequence as to assure their completion as expeditiously as possible in A manner consistent with professional skill and care in accordance with the cost esdmate or prvposal submitted to and approved by the Authorized City Representative prior to the commencement of such work or services. Any cost estimate or proposal requested to be prepared by the Authorized City Representative wilt include a projection of recommended steps to be taken in the assigned matter � and costs for each step, As scheduled Work or services are completed each inonth following the Effective Date of this Contrlct,the Contractor shall submit to the City an invoice for the Work or services completed for the preceding calendar month, authorized expenses and authorized extra work aetually performed or incurred. The City will pay Contractor the amount invoiced within thirty (30)days after the approval of the invoice. If the Effective Date of this Contract is not the first day of a calendlr nloi�th or if this Contract terminates on a date other than the last day of a calendar month, monthly installments for ttiat partial month shall be prorated based on a 30-day month. ARTICLE TII The Initial Term of t��is Contract will be two (2)years and five(5)months, commencing Febru�ry 1,2016 and expiring on the Iast day of June 30,2018 (the"Expiration Date"); ron vided, however, that.the City will have the right to extend the term of this Contract for the following extensions and upon the following terms: • Extension (the "First Extension") commencing on July 1, 2018 and terminating on June 30, 2019, in an annual amount not to exceed TWO HUNDRED THIRTY SIX THOUSAND FNE HUNDRED THIRTY S�VEN DOLLARS and 42/100{$236,537.42) for all custodial services, inclusive of contingencies. • Extension{the"Second Extension")commencing on July 1,2019 and terminating on June 30, 2020, in an annual amount not to exceed TWO HUNDRED THIRTY STX TIIOUSAND FIVE HUNDRED THIRTY SEVEN DOLLARS and 42/100($236,537.42) for 111 custodial services,inclusive of contingencies. . The City Manager is hereby authorized on behalf of the City to give written notice ta the Contrlctor of the City's iutention to exercise each Extension{if at all)no later than thirty(30)days prior to the Expiration Date or the then expiring Extension; provided, however. that the City's notice of its intention to extend the term of this Contract for each Extension shall be expressly conditioned upon and subject to the approval by the City Council, in its sole and absolute discretion,of an ainount sufficient to pay the compensation set forth herein for each Bxtension as pazt of its annual budget approval process prior to the beginning of each Extension. While the � parties acknowleclgc that the City is required to give its notice of intention to extend the term of this Contract not later than thirty{34)days prioc to tYie Expiration Date or then current Extension, it is possiUle that the City Council's approval of its annual budget and appropriation of funds for the Extension in question may occur thereafter, Accordingly, if the City�Council fails to approve and appropriate funds sufficient to pay the amount of compensation set forth herein for an 2 Attachment B-Page 2 of 50 Extension, ihis Contract shall terinittate and be of no further force �nd effect as of the expiration of the Initial Ternz or the then current Extension. Notwi;hstanding anything in this provision to the contrary,in the event the City gives the Contractor written notice exercising an Extension and the City receives notice that appropriation of funds for the Extension in yuestion are not available after the Contractor has perfoimed services under the Extension,the City agrees that the Contractor , will be equitably compensated.for all setvices perforrned under any pordon of an Extension through the date of termination of the Contract. Except as specifically set forth herein, the terms and condilions of each Extension will be the same. Any Extension,if properly exercised, shall be rnemorialized in the form of an amendment to this Contract. Tlle City Manager is hereby authorized to apgrove and execute amendments to this Contr�lct reflecting the exercise of each Extension and the amouut of compensation(including the amonnt of funds to be made available for additional work or services)payable to the Contractor for each respective Cxtension. ARTICLE IV All persons employed by the Contractor to perform the Work(or any portion thereofj under this Cond•act must be eligiUle to work in the United States. The Contractor hereby agrees to and shall deliver to the City before the commencement of Work under this Contract for each and avery employee �ssigned to perform Work under this Contract and, thereafter, during the term of the Contract for each and every prospective employee hired to perform Work under this Contract the following: (1) Reeords sufficient to establish that it has complied with the electronic vei•ification of work authorization program of the Illegal Immigration Reforrn and Immigration Responsibility Act of 199b, as amended, and operated jointly by the United States Dep�rtment of Homeland Security and the United States Social Security Administration, or a successor electronic verification of work authorization program designated by the United Stltes Department of Homeland Security.or other federal agency authorized to verify tlie work authorization status of newly hired employees pursuant to thc Immigration Reform and Control Act of 1986, Pub. L. No. 99-603. The Contractor shail retain such records for the duration of such employee's employment. The records inaintained shall be immediately made availahle to the City for inspection and audit upon written notice to the Contractor by the City Manager; and (2) A color photocopy of a cunent and active California Driver's License, ARTICLE V Contractor represents tiiat it and any subcontractors it may engage, possess any and all licenses �vhich ace required under state or federal law to perfonn tl�e Work contemplated by this Contrlct, nnd that Contractor and any of its subcontractors shall maintain all appropriate licenses, includii�g a City of Orange Uusiness license, at its cost,during the performance of this Contract. 3 Attachment B-Page 3 of 50 Contractor shall be knowledgeable of and comply with all locat, state and federal laws pertaiuing to dte subject matter hereof or in any way regulating the activities undertaken by Contractor or any subcontractor hereunder. Contractor warrants and represents that all of its employees, incIuding any and all prospective employees hired to perform Work for the City under this Contract and the employees of any subcontractor retained by the Contractor to gerform a portion of the Work under this Contract, are and will be authorized to perform the Work conteinplated by this Contract in.full compliance with all applicable state and federal laws,rules and regulations,including,but not limited to,the Displaced Janitor Opportunity Act(commencing with Section 1060 of the California Labor Code)� the Immigration Nationality Act of 1952 (commencing with Section 1101 of Tide 8 of the YJnited States Code), and the Immigration � Nationality and the Immigration Reform and Control Act of 1986 (commencing with Section 1324a of Title 8 of the United States Code),as amended. The Contractor agrees ta indemnify and hold the City, its officials, and employees harmless for, of and from any loss, including but not limited to �nes, penalties and coirective measures, the City may sustain by reason of the Contr�ctor's failure to comply with said laws, rules and regulations in connection with the performance of this Contract. ARTICLE VI It is further expcessly agreed by and between the pazties hereto that, should there be any conflict bet�veen the terms of this Contract and any of the attachments hereto, this Contract shall controi And nothing herein shall be considered as an acceptance of the said terms of said attachment conflicting herewith. ARTYCL�VII Contractor hereby.agrees to indemnify and hold harmless City, its City Council and each � member thereof, and City's offtcers,employees, successors, assigns and agents frorn and against any and all losses, damages. liabilities,claims, causes of action, penalties,judgments, costs and expenses (coltectively, the "Claims") (including, without limitation, reasonable legal fees and disbursements) now or in the future, direcdy or indirectly, contingent or liquidated, which City may incur 1nd which arise from or relate to(i)a breach by Contracior of any of its agreements or covenants lierein; {ii) the performance of the Work;(iii}any Claims that arise out of,result from or are in any way related to, any damage, injury, loss or any other impact whatsoever that the performance of the Work may cause to persons using the property upon which the Work has been or is being performed; or (iv) based on the use of goods, machinery, or equipment supplied hereunder, and/or on the provision of any services hereunder. The Con�•actor shalI not be liable for the indeinnification and defense of the City on claims or litigation azising out of the negligence, misconduct or other fault of the City. With respect to any Claim for which City has requested indemnification under the . immecii�tely.preceding subparagraph, Contractor will be entitled to assume the defense of any related litigation, arbitration or other proceeding, provided that City may, at its election and expense, participate in such defense and provided further that in the event of any difference of opinion or strategy with respect to tl�e defense of such action or the assertion of counterclaims, with respect tliereto, Contcactor's counsel wilI, after consultation with City's counsel, determine 4 Attachment B-Page 4 of 50 the actual strategy;defense and counterclaim to be employed. At City's reasonable request, City will co�per�te with Contractor in the preparation of any defense to a�iy such claim,and Contractor will reimburse City proinptly for any reasonable expenses incurred in connection with such request. ' ARTICLE VIII Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to properiy which may arise from or in connection with the performance of the work hereunder and the cesults of that work by the Cont��actor,his agents, representatives,employees or subcontractors. Coverage shall be at least as broad as: 1. L�surince Secvices Office Commerci�l General Liability coverage (occurreuce Form CG 00 Ol). 2. Insurauce Services Office Form I�Iumber CA 00 O1 covering Automobile Liability,code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insur�nce. Connactor shall niaintain limits no less than: 1..General Liability: $2,400,000 per occurrence for bodily injury, personal injury and property damage. If Commercial GeneraI Liability insurance or other form with a general aggregate limit is used,either the general aggregate liinit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of California, ' 4. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shaII reduce or eliminate such deductibles or self- insured retentions with respect to the City, it officers,officials and employees; or the Contraetor shall provide 1 financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration,and defense expenses. 5 Attachment B-Page 5 of 50 Each palicy of general liability and automotive liability insurance shall contain� or be endorsed to confain,the following provisions: I. The City,its off'icers,officials,agents.and employees are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on.behalf of the Contractor; and with respect to liabiliry arising out of work or operations performed by or on behalf of the Contractor,including materials, parts or equipment furnished in com�ection with such work or operations.,Ganeral Liahility coverage shall be provided in the form of an Additionll Insured Endarsement (Insurance Secvices Office, Inc.Form CG 20 10 11 85 or such ather fonn as may be acceptable to the City} to the Contractor's insurance policy, or as a separate owner's policy, 2. For any claims related to this project,the Contractor's insurance coverage shall be primary insurance with respect to the City,its officers,officials and employees. Any insurance or self-iusurince tnaintained by the.City, its officets,officials and employees shall be excess of the Coiitractor's insuzance and shall not contribute witt�it. 3. Each insuranca policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty(3d)days' prior written notice has been provided to the City. The Contractor shall furnish the City with original certificates of insurance and endorsements effecting coverage.required by this clause. The endorsements should be on forms ' acceptable to City. All certificates and endorsements are to be received and approved by the City before work commences. However,failure to do so shall not operate as a waiver of these insurance requirements. The City reserves the �ight to require corriplete, certified copies of all required insurance policies,including endorsements effecting the coverage required by these specifications at at�y time. All insurance procured u�d maintained by the Contractor shall be issued by insurers admitteci to conduct the pertinent line of insurance business in the State of California and having a rating of Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide. Contractor shall immediately notify the City if any required insurance lapses or is otherwise modified and cease performance of this Contract unless otherwise directed by the City. In such a case, the City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off froni any sums owed Contractor. Contractor hereby agrees to waive subrogation which any insurer of the Contractor may acquirc fi•om the Cant�•aetor by virtue af the payment of any loss. The Contractor agrees to obtain any endorsement that may be necessary to effect this waiver af subrogation. Tlie Workers'Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for ali work performed by the Contractor,its employees,agents and subcontractors. , 6 . Attachment B-Page 6 of 50 1'he Contractor shall require and verify that all subcontractors maintain insurac�ce meeting all of the requu•ements stated herein. ARTICLE IX If any action at law or in ec�uity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entifled to reasonable attorneys' fees, costs, and necessary disUursements,in addition to any other relief to which it may be entitled. ARTICLE X � This Conhact shall be construed in accorda�ice with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. ARTICLE XT 1'l�is Contract constitutes the entire agreement of the parties. No other agreement,oral or wiitten,pertaining to the Work to be performed under this Contract shall be of any force or effect unless it is in wciting and signed fiy both pardes. Any Work performed,which is inconsistent with or in violation of the provisions of this Contract after notice and reasonable opportunity to cure, shall not be compensated. ARTTCLE XI� Tlie City reserves the right to terminate this Contract at any time in whole or in part upon the giving of ten (10) days advance written notice even though t(ie Contractor is not in default hereunder. In such event there will Ue made an equitable adjustment of the terms that is mutually satisfac.tory to the City and the Contractor. Upon receipt of any notice of such termination, the Contractor shall, unless such notice otherwise directs, pramptly discontinue all work on the Contract 1nd deliver,if and as directed,to the City all completed and partialiy completed articles. work in pracess and materials purchased or acquired for performance of the Contract. The , provisions of this paragraph sl�all not limit or affect the right of the City to terminate this Contract immediately upon written uotice of breach. In the event of termination, the payinent bond delivered to the City at the time of the award of this Contract (as the same may be modified, supplemented and extended with the approval of the City)shall remain in effect for six(6)months after the date of termination to provide surety that any vendors or laborers will be paid. The Contractor may terminate this Contract at any time upon the giving of not less than ninety (90) days prior written notice to the City. ARTICLE XIII All materials, supplies a�id equipment provided under this Contract shall be in full compliance with the Safety Orders and Regulations of the Division of Industria3 Safety of the State of California, Title 8, California Administrative Code (CAUOSHA) and all applicable OSHA regulations as well as all other applicable California AdministraNve Codes. The Contractor agrees to indemnify a�1d hold the City, its officials, and employees hazmless for, of and from any loss, 7 Attachment B-Page 7 of 50 including but not limited to fines,penalties and con•ective measures,the City may sustain by reason of the Contractor's failure to comply with said laws,rules and regulations in connection with the perfonnance of this Contract. ARTICLE XN The Contractor,in the performance of any work vr the futnishing of any labor under ttiis Contract, shall be considered as an independent Contractor. The Contractor, its agents, subcontractors and employees,shall not be considered as employees of the City. Contractor shall be solely responsible for any and all withholding of income taxes, payment of unemployment insurance and other duties of an euiployee under state and federal law, and hereby indemnifies, defends and holds City harmless from any a��d all liabilities arriving from or related to any such duty. AR'['ICLE XV , ln the performance of this Cantract, the Contractor shall not discriminate against any employee or applicant for employment because of age,sex,marital status,physical handicap,race, color, religion, ancestry, or national o�tigin. Contractor will take affirmative action to ensure the applicants are employed,and that employees aze treated during employment without regard to their age, sex,ma�-ital status,physical h�idicap,race, color,religion, ancestry or nationaI origin. Such action sh111 include, but not be limited to the following: employment, upgrading, demotion or transfer,recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of canpensation; and selection for tcaining, including apprenticeship. Contractor shall post in conspicuous place, available to etnployees and applicants for employment, notices setdng forth the provisions of this fair Employinent Practices paragraph. ARTICLE XVI This Contract shall not be amended, modified or rescinded, except by written agreement signed by the parties and expressly refetring to this Contract. ARTICLE XVII The failure to object to provisions contained in any communication from either party shall not be deemed an acceptance of such provisions or a waiver of the provisions of this Contract. Any failure or delay by either p�rty in asserting any of its right and remedies as to a breach of any of the other party's covenants, coi�ditions or agreemeiits set fortl�herein shall not operate as a waiver of sucl� breach or of any such rights or remedies, or deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect,assert or enforce such rights or remedies. A waiver by either party of a breach shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or agreements set forth in tl�is Contract. 8 Attachment B-Page 8 of 50 ARTICLE XVYYI Failure by the Contractor to perform any action or covenant required by this Contract within the time periods provided herein following notice and failure to cure,as described hereafter, consdtutes an "Event of Default" under this Coiitract. If the City claims a default, it shatl give written notice to the Contractor specifying the alleged grounds for the default. The City shall not insfitute any proceeding against the Contractor and the Contractor shall not be in default if the Contractor within three (3) days from receipt of the notice required by this Article XX immediately,with due diligence,commences to cure,correct or remedy such failure or delay and completes such cure,conection or cemedy with diligence within five(5)days following receipt of said notice, or for such defaults that cannot reasonably be cured within said five (5) day period, withiu such additional dme as is reasonably necessary to cure such default. : In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Contract, the City may institute an action at law o�'equity to seek specific performance of the tenns of this Contract, or to cure, correct or remedy any Event of Default,to recover damages for any Event of Default,or to obtain any other remedy consistent with the purpose of this Contract. ARTICLE XIX If at any time during the progress of the Work,the Contractor shall allow any indcbtedness to accrue foc iabor, equipment, o�materials, or which may become a claim, lien, or stop notice ttight against the City,the Cont�•actor shall immediately upon request&om the City pay such claim or indebtedness or cause such lien or stop�iotice to be dissolved and discharged by giving a bond or otherwise and, in case of its failure so fo do, the City may withhold any money due the Cont�•letor until such claim or indebtedness is paid or may apply such rnoney toward the discharge thereof; or in such event the City may, at its option,deciare this Contract to be terminated, take possession and cont�•ol of the Work, and complete the same or cause the same to be completed according to the Custodial Specifications. Contractor shall pay to City the difference between the contract price and the actual cost to the City in completing or causing the Work to be completed. ARTICLE XX This Contract shall not be assigned in whole or in part, nor any duties delegated without the City's prior written approval. ARTICLE XXI In accordance with generally accepted accounting grinciples, Contractor shall maintain reason�bly fulY and complete records of the cost of and completion of services performed under this Cvntract. During the term of this Contract and for a period of two(2)years after termination or completion of tl�is Contract,City shall have the right to inspect and/or audit Contractor's records pertlining to the performance of tliis Contract at Contractor's office. Contractor agrees to make available all records for inspection or audit at its offices during normal business hours and upon 3 days notice from City. , 9 Attachment B-Page 9 of 50 ' ARTICLE XXII Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally or by first class mail,postage prepaid,to each party at the address listed below. Either party may chai�ge the notice address by notifying the other party in writing. � Nokices may be sent by either�mail or U.S.Mail. Notices shall be deemed received upon ceceipt of same or within three(3)days of deposit in the U.S.Mail,whichever is eadier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission. "CONTRACTOR" . "CITY" Merchants Building Mainten�nce,LLC City of Orange 1639 E. Edinger Avenue#C 300 E.Chapman Avenue Santa Ana,CA 92705 Orange,CA 92866-1591 Attn: Krisea Haas Atm:D'uector of Community Services PAX No. 714-973-9272 FAX No. 714-744-7251 �-mail Address: E-mail Address: dequitz@cityoforange.org (Rernuinder of page iii.teittiont�lly left blank;siguatures on next page] 10 Attachment B-Page 10 of 50 IN WITNESS WHEREOF,the parties to these presents have hereunto set their hands the date and year first above writteii. «LT-�,y�+ CITY OF ORANGE, a munici��al coipc�rltion �y, fJ�' � ` ,._...._. Teresa �. Smith, Mayor CON'fRACT AND INSURANCF. ATTEST: Al'PROVED BY: � „ � (�\�e.� G�.�'� �'f � Mary E. Mu hy, City Clerk eatz Senio 'stant Cit t � ey "CONTRACTOR" MERCfIANTS BUILDINCi MAINTENANCE, LLC., a Califoi�nia limited liabiliry company (Note: Signature of Cliairuaari of tlie --- -��� Board, President or Vice President is Printed Name: alrr� rt..e.�' required] Title: �.���.,y.,tise.�-,v __. , (Nole: Sig�talur•e of Secret�rry,Assi.sturrt By: � Secretnry, Chief Financial Officer or Pri e ame; ,.. Assistant Ti•easurer is crlso required] Ti e: __.___.__...,,._,._____ 11 Attachment B-Page 11 of 50 ATTACHMEN'I' NO. l SCOPE OT+WORK—CUSTODIAL SPrCIFICATIUNS Attachment B-Page 12 of 50 CUST4DIAL SPECIFICATIONS . (RFP No. 156-18) Sections Description Page No:�rntii ^ Section A Custodial Requirements 19 Section B Scope: Community Services 25 Section C Cleaning Schedules 31 Section D Supplies & Equipment 36 Section E Quality Standards 37 Section F Performance Inspections 42 Section G City of Orange Contact Information 47 ix of47 Attachment B-Page 13 of 50 Section A Custodial Repuiremenfs It is the objective of the City of Orange ("City") to ensure that custodiai and housekeeping services are provided to all of the buildings and facilities described in these specifications. The City buildings and facilities covered by these specifications are generally referred to as the Metro-Link Station at the Santa Fe Train Depot, ShafFer Park, the Shaffer Park Community Room, Olive Park, the Olive Park Community Room, EI Camino Park, the EI Camino Park Community Room, Handy Park, the Handy Park Trailer Community Room, Hart Park, the Hart Park Pool Restrooms and Community Room, El Modena Park, Eisenhower Park, La Veta Park, Santiago Hills Pa�k, Pitcher Park, the McPherson Athletic Facility, the Killefer Park Recreation Center, Grijalva Pa�k, the Grijalva Sports Center, Serrano Park, Fred Barrera Park, Steve Ambriz Park and Steve Ambriz Community Room. Future sites and facilities that will corne on line during the unexpired term of this Contract and for which compensation will be mutual{y agreed upon and included in an , amendment to the Contract. Housekeeping Services are to be performed during the specified hours listed in these specifcations, unless othervvise directed andlor approved by the City of Orange. These specifications also include special cleaning intervals as well as other specific requirements. Note: The City of Orange may, in its sole discretion, adjust the days and times for the performance by the Contractor of work and services if the hours of operation of the City for any one or more City facilities should change during the term of the Contract. For exarnple, if the hours of operation of one or more buildings or facilities are reduced or othenrvise aftered due to budgetary considerations or the furlough of employees, the City and the Contractor shaH agree upon credits for reductions in service or, alternatively, additional cornpensation in the event the hours of operation or availability of buildings and facilities to the public are increased. The City of Orange requires the following of the contractor retained for the performance of this contract: 1. Backaround/Securitv: All personnel engaged in performance of this work shall be employees of the Contractor and as such shall be warranted to possess sufficient experience and security records to perform this work, See the Contract Agreement ("Agreement") for the specific details that will be �equired of the Contractor and its employees. 2. Health: All personnel shall be in good health and free of contagious diseases. Contractor shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the buildings. The Contractor shall not allow the use or presence of alcohol or drugs on the premises or in the buildings. I9 of 47 Attachment B-Page 14 of 50 3. Conduct: No person(s) shall be empioyed far this work who islare found to. be incompetent, disorderly, troublesome, under the influence of alcohol or drugs, or who fails or otherwise refuses to pertorm the work proper{y and in a suitable fashion. The Contractor shall immediately �emove such persons from the performance of work under this Agreement. 4. Supervision of Staff. Contractor shall provide one supervisor/foremen, who shall be present at all times during night operations, and who shall be responsible for both conduct and workmanship Said supervisor or foremen shall be able to communicate effectively in both written and oral English. 6. Trainin4: Contractor shall have.an ongoing training program for its entire staff in areas of Safety and Job Duties. Contractor shall provide only personnel that have been fully trained for performance of this work. Supervisors shall have been trained in supervision as well as technical training regarding Custodial Services. 7. Uniforms: All of Contractor's employees shall wear appropriate uniforms at all times while on duty. Uniforms must have the Contractor's name. A photo ID Badge is to be worn at all times. ID badges must have fhe narne of the individual, Contractors name and a 24 hour emergency contact number. 8. Adequate Safetv: Applicable warning devices shall be used by the Contractor when there is a safety hazard {i.e., rain-slip), waxing or wet mopping floors, or as needed to ensure the safety of City employees and members of the general public while at or on City buildings and facilities. Contractor shall be responsible for adequately instructing their employees regarding all safety measures. Contractor shall adhere to CaIOSHA regulations at all tirnes. AH equipment used by the Contractor shall be maintained in a safe operating condition at all tirnes and be free from defects. All employees af the Contractor must wear proper personal protective equipment while working at or on any of the City's buildings or facilities. 9. NON-SMOKING FACILITIES: Alk City buildings and facilities are designated as non-smoking facilities. No employee af the Contractor shall smoke while within twenty.-five {25) feet of any entry of said buildings or facilities. 10.KEYS: Contractor shall establish and implement methods for ensuring that all keys 8� key cards issued to Contractor by the City are not Iost, misplaced, or used by unauthorized persons. No keys or keycards issued to Contractor by the City shall be duplicated without prior written authorization from the City. Contractor shall report to the City any and all occurrences of lost or duplicated key/keycards. In the event the City discovers that keys/keycards have been lost or.duplicated by the Contractor's employees, the City may require the Cont�actor to re-key or �eplace the affected lock or focks or perform re-keying or keycard replacement, in which event the City may 20 of 47 Attachment B-Page 15 of 50 deduc#the total cost from any compensation due to Contractor. It is also the responsibility of Contractor to prohibit the opening of Iocked areas or to permit entrance of persons other than the Contractor's employees engaged in the performance of assigned work in those areas. 11. Trackinq: AII.REstrooms shall have a "Restroom Service Sheet" completed on a daily basis to ensure an adequate ievel of cleanliness and sanitation is maintained. These sheets will be turned in by the Contractor each month and reviewed by the City. 12. Maintenance Repairs: Contractor shall report any maintenance repairs needed (i.e., leaking faucets; clogged drains; broken electrical plugs; lights out, etc.)to the City's Community Services Depa�tment facilities maintenance Division by phone (714-532-6464) or via FAX 714-532-7251. To prevent clogging of drains, all wax sfripper and dirty mop water are to be ernptied into a flush toilet, only and not into any of the urinals or floor sinks. No cleaning solutions are to be dumped or released to the environment. This includes in any of the parking lots. 13.Standard Forms: Listed below are some of the standard forms that will be „ used to communicate the City's needs and requirements. a. Performance Ins�ection Form b. Service Request Form fe-mail request) c. Service Complaint Form d. General Notes: E-mails; memos, verbal instructions and voicemails. 14:Contact Information: The Contractor shall provide the following contact infarmation. a. 24 hour Contact number b. Emerqency Contact number c. Custodial Hotline d. E-mail address e. General Manager � f. Account Manager g. On-site supervisors 15. Response Time ! Correction of Deficiencies: Response time to City n�eds (i.e., Contractor's personnel arriving at the City facility to respond to a request) during the Contractor's normal work schedule is to be within 1 hour of the Contractor's receipt of notice from a City representative. During off hours, the response time is to be within two (2) hours of the Contractor's receipt of notice from a City representative. Unless otherwise agreed to by and befinreen the Contractor and the City's representative, the time allowed to correct non-conformances (i.e., corrective actions) sha11 be 2 hours from receipt of the correction notice. 21 of 47 Attachment B-Page 16 of 50 16. Recyclinq: Contractor's employees shall perform services as specified by the City's authorized representative(s) to implement the City's recycling program. This requirement includes all facilities covered under the agreement where recycling practices are currently in place and any facilities that City staff may add to the recycling program during the term of the Agreement. The City prohibits the Contractor from salvaging any items from trash cans or bins. 17.Dama4e to City Property: Contractor shall be liable for any and all costs associated to damage or verifiable theft by Contractor to any property of the City or an employee of the City which is in any way related to the acts of the Contractor or Contractor's employees of obligations under the Agreement, Contractor shall not remove any property of any type from the City's buildings or facilities without the expressed written consent of the City. A written report of damage or theft must be submitted to the City within 48 hours of occurrence. 18. Citv of Oraenge Telephone Usaae: Telephones {including cell phones) shall not be used by the Contractor or its employees far personal reasons during the execution of the scope of work with the following exception(s): a. To report medical emergencies, a fire or the need for law enforcernent, in which event the Contractor's emplayees or agents may use a City phone to dial 9-911 from any extension. b. Notification to the City of Orange Community Services Department Facilities Maintenance of damage or maintenance needed as required in this Agreement. c. Any calls to numbers other than those above will be considered a violation of this Contract and grounds for immediate termination. 19. Buildinq Securitv: The Contractor shall keep all exterior doors closed and locked during the performance of worlc when any City facility is not open for business tor as otherwise directed)and shall ensure that all doors are locked at the end of a shift, unless otherwise authorized or directed by a City representative. Security systems and automated locking systems within City buildings or facilities shall be activated immediately after custodial service is completed in specific building(s). The City shall instruct the Contractor on the manner in which to activate any such security system. 20. Remedv for Failure to Perform Reauired Service: If the Contractor fails to execute the work in the manner and at such locations as specified, or fails to maintain the work schedule which will ensure the�City's interest, or if the Contractor is not carrying out the interest of the Contract, the City shall notify the Contractor both verbally and in writing requiring satisfactory compliance 22 0l 47 Attachment B-Page 17 of 50 with the terms of the Agreement. If the Contractor does not perform the work in question within fhe time specified in said notice or faiis to continue to comply, the City may then complete the work by City forces, by letting the unfinished work to another contractor, or by a combination of such rnethods. In any event, the cost of completing the work shall be charged against the , Contractor and may be deducted from any money due or becorning due from the City. The City may, in addition, withhold from monies due to the Contractor the sum of Three Hundred Dollars($300.04) per day for each and every calandar day delay in finishing the work within the time specified. If the sums due under the Contract are insufficient for completion, the Contractor shall pay to the City within five (5) business days after the completion, all costs in excess of the sum due. The provisions of this section shall be in addition to all other rights and remedies available to the City under law. 21. Extra Work lProject Cleanina: Work not considered to be routine or not done on a regular schedule, and not considered under these specifications or otherwise in the Contract shall be considered extra work. This type of work may only be completed at the request of the designated representative of the City. See the terms of the Contract for the procedures to be followed for additional work or services. The following are examples of the type of work which are considered extra work or services: - Cleaning areas not defined within these specifications; - Increasing frequency of cleaning; or special projects. 22.A11 vehicles used by the custodians employed by the Contractor are to be . identified with magnetic door signs (approx. 20" x 16") or equivalent with the company name and'phone number. These need to be visible from both sides of said vehicle. All vehicles shall be supplied with a GPS tracking device. The City representative shall be provided access to the tracking software.on his/her desktop. 23.A11 custodial supervisors, day porters and at least one (1) person on each custodial crew must speak fluent English. 24.National Pollutant Discharge Elimination System (NPDES) Requirements. a. The contractor shall comply with Local, State. and Federal NPDES regulations including County Drainage Area Management Plan(DAMP} and the Agency's Local Implementation Plan (LIP) at all times while providing services to the City of Orange. b. The Contractor shall apply Storm Water Best Management Practices (BMP's) for all pollution preventian of any discharge of waste water, 23 of 47 � Attachment B-Page 18 of 50 chemicals, trash, debris and any other poilutants to the storm drain system and/or waters of state. c. Simply stated, all work is to be performed in a zero discharge manner. All water, chemicals, materials, products and supplies used for cleaning is to be recovered and properly disposed of within all applicable regulations. . d. All mop and cleaning water used by the custodial contractor is to be dumped down a toilet and flushed. 25.Optional Services — services listed as optional will be awarded at the City's sole discretion. 24 of 47 Attachment B-Page 19 of 50 Section B COMMUNITY SERV/CES DEPARTMENT PARKS, RESTROOMS AND RELATED FACILITIES Restrooms and community rooms are to be cleaned after midnight and before 6 AM. Restrooms requiring a second service on weekends and holidays are to be cleaned between 12:00 noon and 3 PM. All custodial contractor's vehicles to have magnetic signs installed on the doors at all times. All othe� buildings to be cleaned between midnight and 6 AM. Note: Custodial contractor to check the restrooms to ensure they are locked and unlocked (opened} at the proper times. EISENHOWER PARK 2894 N. Tustin, 1,098 sq. ft. • Two restroom buildings/4 restrooms _ • Schedule II &V Service • Service Frequency: A • Monday through Friday once daily • Twice daity Saturday, Sunday and Holidays EI CAMINO PARK 400 N. Main, 2,035 sq. ft. • Three (3) restroom buildings with seven (7) restrooms • Schedule II 8�V Service • Service Frequency: A • Monday through Friday once daily • Twice daily Saturday, Sunday and Halidays EI CAMINO PARK COMMUNITY ROOM 40d N. Main, 1,500 sq. ft. • Mu{tipurpose public use room . 4 restrooms attached • Schedule I, II &V Service • Service Frequency: B • 7 days a week service, including Holidays E( MODENA PARK 555 S. Hewes, 850 sq. ft. . Two restroom buildings/4 restrooms • Schedule II &V Service • Service Frequency: A . Monday through Friday once daily • Twice daily Saturday, Sunday and Holidays 25 of 47 Attachment B-Page 20 of 50 FRED BARRERA PARK 8380 E. Serrano Avenue, 960 sq. ft. • Attached 2 restrooms only • Schedule II &V Service • Service Frequency: A • Monday through Friday once daily • Twice daily Saturday, Sunday and Holidays GRfJALVA PARK 368 N. Prospect, 986 sq. ft. • 2 restrooms . Community Service Room • Schedule II &V Service � • Service frequency: A • Monday through Friday once daily • Twice daily Saturday, Sunday and Holidays GRIJALVA SPORTS CENTER 368 N. Prospect, 14,457 sq. ft. • Dance Room (mirror wa11s) 1,548sq ft. • .Arts & Crafts/Training Classrooms • Entry Area & Hallways • 2 large restrooms • Carpeted Office area 1,269sq ft. • Schedule I, II 8�V Service • High dusting of suspended ceiling panels to�be completed monthly throughout " facility. • Exterior and Interior Windows to be cleaned 2 times per year. • Necessary precautions to be taken to ensure that the exterior window tinting is not damaged by the cleaning process. • Service Frequency: B • Monday through Sunday service • 7 days a week service including holidays (except for Christmas Day) Special Cleaning in Gym • Clean exterior Benches situated by entry walks. • Interior Windows to be cleaned on a daily basis to remove all smug marks up to 8ft fall. • Main entrance entry has two outdoor dedication plaques that need to be maintained in new condition � • Standard bleachers to be cleaned three {3) times per week • Large bleachers to be pulled out and cleaned one (1) time per month Note: Wooden Gym Floor is not part of the custodial contract. 26 of 47 Attachment B-Page 21 of 50 HANDY PARK 2143 E. Oakmont, 9fi0 sq. ft. • One restroom building/2 restrooms • Schedule II 8�V Service • Service Frequency: A • Monday through Friday once daily • Twice daily Saturday, Sunday and Holidays HANDY PARK TRAILER COMMUNITY ROOM 2143 E. Oakmont, 1,aoa sq.ft. ' • Multipurpose public use room • 2 outside restrooms (no power reel washing at this facility) • Schedule I, II &V Senrice • Service Frequency: B • 7 days a week service, including Holidays HART.PARK 701 S. Glassell, 2,220 sq. ft. • 4 restroom buildings/8 restrooms • Schedule II &V Service ' • Service Frequency: A • Monday through �riday once daily • Twice daily Saturday, Sunday and Holidays For the months of June, July, August, September{Ha�t Park Pool — Seasonal) Pool Building, 701 S. Glassell,3524 sq. ft. • 2 interior restrooms . Includes restrooms, entry, locker�rooms and upstairs offices. • Schedule I & II Service • Service Frequency: B, Seasonal = May 2B through September 30 • Pre-cleaning the last week of May • Post cleaning the beginning of�ctober • Specify the price pe� month, which may be used for calculating a reduction ar extension of Seasonal dates. Price will be divided by 4.3 to arrive at a weekly pro- ratable amount. Annual cost to be listed on Section "E" of the Cost Price Sheet for a total of 4 months only. HART PARK COMMUNITY ROOM 701 S. Glassell 820 sq. ft. • Multipurpose Public use room • One (1) Unisex restroorn • Schedule I & II Service � Service Frequency: B • 7 days a week service, inc{uding Holidays 27 of 47 Attachment B-Page 22 of 50 HART PARK POOL BUILDING EXTERIOR RESTROOMS 701 S. Glassell • 1 restroom buildings/2 restrooms; 860 sq. ft. • Schedule II &V Service � Service Frequency: A • Monday through Friday once daily • Twice daily Saturday, Sunday and Holidays KILLEFER PARK RECREATION CENTER 615A N. Lemon� 2100 sq. ft. . • Multipurpose Community Services building • . 2 restrooms (no power reel washing at this facility) • Schedule I & II Service • Service Frequency: B • 7 days a week service, including Holidays LA VETA PARK 3700 E. La Veta, 960 sq. ft. • One restroom building/2 restrooms • Schedule II &V Service • Service F�equency: A • Monday through Friday once daily • Twice daily Saturday, Sunday and Holidays MCPHERSON ATHLETIC FACIUTY 333 S. Prospect, 950 sq. ft. • Attached 2 restrooms • Stainless steel fixtures to be cleaned using the p�oper cleaning products • Schedule II &V Service • Senrice Frequency: A • Monday through Friday once daily • Twice daily Saturday, Sunday and Halidays METRO-LINK STATION at the Santa Fe Train Depot, 184 S. Atchison� 100 sq. ft. • 2 rest�ooms • Passenger waiting area • 7 days a week service including holidays • Monday through Sunday service (Twice Daily} • Service to be performed as no#ed on Schedule IV&V • Service and special cleaning requirements listed in Scheduie IV • Service Frequency: G —three times per day • Monday through Sunday service ' • 7 da.ys a week service including holidays • Schedule IV Service 28 of 47 Attachment B-Page 23 of 50 � OLIVE PARK 2841 N. Glassell, 960 sq. ft. • Attached 2 restrooms only • Schedule II &V Senrice • Service Frequency: A • Monday through Friday once daily • Twice daiiy Saturday, Sunday and Ho{idays OLIVE PARK COMMUNITY ROOM 2841 N. Glassell, 3,166 sq. ft. • Multipurpose public use room with kitchen • 2 restrooms {inside) • Schedule I & II Service • Service Frequency. B • 7 days a week service, including Holidays , PITCHER PARK 2Q4 S. Cambridge, 180 sq. ft. • One restroorn building/2 restrooms . Schedule II &V Service • Senrice Frequency: F • Monday—Sunday once daily SANTIAG� HILLS PARK 8�40 E. White Oak Ridge, 700 sq. ft. • One restroom buildingl2 restrooms • Schedule II &V Service • Service Frequency: A • Monday through Friday once daily • Twice daily Saturday, Sunday and Holidays SERRANO PARK 2349 N. Apache Creek, 400 sq. ft. • 2 restrooms • Schedule II &V Service • Senrice frequency: A • Monday through Friday once daily • Twice daily Saturday, Sunday and Holidays 29 of 47 Attachment B-Page 24 of 50 SHAFFER PARK 1930 N. Shaffer, 96d sq. ft. • One restroom buildingl2 restrooms • Schedule II &V Service � Service Frequency: A • Monday through Friday once daily • Twice daily Saturday, Sunday and Holidays SHAFFER PARK COMMUNITY ROOM 1930 N. Shaffer� 1925 sq.ft. • Muitipurpose public use room with kitchen • 2 restrooms . Schedule 1 & II Service • Service Frequency: B • 7 days a week service, including Holidays STEVE AMBRIZ MEMORIAL PARK& COMMUNITY ROOM 610 Riverbend Parkway, 2220 sq. ft. • Multi-Purpose Community Room • 2 restrooms attached • Schedule I, II & V Service • Service Frequency: B • 7 days a week service, including Holidays FREQUENCY OF SERVICE "A" Once a day-Monday through Frlday Twice a day - Saturday, Sunday and Holidays "B" Once a day -7 days a week servlce, including Holidays "C" Once a day - Saturday, Sunday, Tuesday, Thursday Service including holidays "D" Once a day - Monday through Saturday service and holidays "E" Once a day- Monday through Saturday service, excluding holidays "F" Once a day-7 days a week service, excluding Holidays "G" Other—to be specified 30 of 47 Attachment B-Page 25 of 50 Section C Cleaning Schedule Spec�fications Schedule I Dai� Services -General Buildinq and Office Areas �All Areas) 1. Sweep all composition floors. 2. Sweep all outside entrances for trash � 3. Spot dust for cobwebs in all areas of the building 4. Remove debris from ceilings, walls, and floors 5. Spot vacuum rugs and carpeting. 6. Clean corners and remove cobwebs and dirt. 7. Dust accessible desktops. 8. Clean luncheon tables and position chai�s. 9. .Clean drinking fountains 10.Empty all wastebaskets and other waste containers. Carry trash to designated area and replace liners with new. 11.Clean and service smoking stands where applicable. 12.Spot clean partitions, doors, grab bars, panic hardware, doorknobs, handles, door frames and around wall switches. 13.Maintain janitor's closet in clean and orderly manner. 14.Spot clean office partition glass and interior door glass. 15.Thoroughly clean all glass entry doors. 16:Spot mop resilient floors for spillage, dirt and eta 17.Spot clean carpet for spillage, stains, etc. 18.Vacuum or sweep elevator cabs where applicable. 19.Wipe clean all elevatvr doors and control panel to remove finger marks where applicable, 20.CIean all stairwells and landings finrice weekly, vacuum if carpeted (remove cobwebs). 21.Dust bookshelves,.minoc signage 22.Report broken or missing items to contract administrator or his/her Designee 23.Establish a lost and found box at each building location#o p�ovide a collection point for items found such as keys,jewefry, bolts, brackets, machine parts, pens, etc. Weeklv Services - General Building and Office {All Areas) 1. Sweep inside and outside stairways (twice per week), 2. Vacuum all carpets 3, Dust banisters and handrails. � 4, Pofish drinking fountains. �. Damp mop and buff all tile floors to ensure a slip resistant high g(oss finish. 6. Spot clean woodwork for finger marks and stains. 7. Dust ledges, doo�trim, partition tops and moldings, 8. Dust chairs, tables, telephones, filing cabinets and other office furniture. 9. Dust windowsills, ledges, chair rails, partition trim and low moldings. - 31 of 47 Attachment B-Page 26 of 50 10.Low dust all chair rungs and office furniture. 11.Dust the large hanging orange ball and hanging animal heads inside the main library. 12.Dust pictures, clocks and major signage. 13.Spray buff all main aisles and corridors as needed to ensure a slip resistant high gloss finish. 14.Power wash the Parks restrooms and Police Headquarters locker roorn, showers and restrooms and also the Police lower level restrooms (2) with Advance Reel Cleaner using the manufacture's procedures. http://www.advance- us.com/Products/Commercial/SpecialtyProducts/ReelCleaner.aspx Monthly Services - General Buildinp and Office Areas (All Areas) 1. . High dust moldings, doors and window casings. 2. Brush down wall and ceiling vents. 3. Clean wax and machine polish all vinyl floors to ensure a slip resistant high shine surface. � 4. Clean and wipe down baseboards. 5. Vacuum draperies and blinds 6. Wash handrails. 7. Wash and disinfect wastebaskets on a rotation basis. 8. Detail carpet edges under and around furniture and behind doors. 9. Vacuum upholstered furniture � Schedule II Dailv Services - Restrooms 1. Empty and disinfect all waste paper containers, replace liners with ri�w. 2. Clean and polish mirrors. 3. Clean and disinfect all toilet tissue, towel, trash and product sanitary containers 4. Clean and disinfect toilets, urinals and sinks (inside and out) removing scale and � all other organic material. 5. Clean and disinfect both sides of toilet seats. 6. Clean and disinfect handles, knobs, and all other hand touched areas. 7. Clean all splash marks from wall over sinks. 8. Wipe down with disinfectant ceramic tile walls, toilet compartments and partitions. 9, Refill soap, towel, tissue, seat cover dispensers and sanitary product dispensers. � 10. Clean, disinfect and wipe dry all counter tops. 11. Clean and polish drinking fountains, chrome under sinks, toilets and urinals to keep scale free. 12. Spot clean partitions for smudges and remove graffiti. 13. Wipe clean tops of partitions. 32 oi'47 � Attachment B-Page 27 of 50 14: Spot ciean walis(with disinfectant) for splashes around sinks and urinals. 15. Pour a minimum of one gallon of water into floor traps to prevent odors. 16.. Thoroughly mop floors with disinfectant solution. 17. Thoroughly clean and sanitize shower facilities (as required — site specific) 18. Remove debris from ceilings, walls, and floors 19. Remove cobwebs from all areas of restroom 20. Inspect and clean restroom entrance area of trash and debris 21. Replace air fresheners when less than 5% of product remains. 22, MetroLink/Train Depot— power wash once per week 23. Report any plumbing or facility issues (repairs needed) to the City's Facilities . Services Department (714-532-6479) Note: The Waterless Urinals require special cleaning procedures. l�fie training of custodial personnel shall be the responsibility of the Contractor. �i-he cleaning procedures can be found at vuww.kohler.com. While the City will pay for, furnish, and apply the urinal treatment products, the Contractor shall be responsible for regular cleaning. If the Contractor has any questions regarding the cleaning procedures, it shall contact and confer with the City's representative. Schedule III Santa Fe Depot Train Station MetroLink Station Area which includes restrooms, concrete areas and Pedestrian Undercrossing. 1) Clean and sweep concrete pathways, platforms and walkways includir�g Pedestrian Undercrossing. 2) Check all restrooms for supplies and inspect to see that they are properly cleaned, sanitized and disinfected. Correct any problems with supplies as well as cleaning and disinfecting. Restrooms to be pressure washed twice weekly with an "Advanced Reel Cleaner" as noted in line item number 26. Recover all waste water per NPDES regulations. 3� Day Porter Service Hours: two hours in the morning, two hours mid-day and two hours early evening, seven days per week (71365). Plus any �dditional hours needed to maintain the Santa Fe Depot Train Station area as detailed in this scope which includ�s specifications, cleaning schedules, quality standards and �equests by the designated City of Orange representative. 4) Confirm gates are locking and unlocking at designated times, repo�t any discrepancies to City of Orange representative. 5) On rainy days place safety warning signs in areas where a slip hazard exists. 6) Police and pick up trash and debris throughout Metro-Link Train Station 7) Dog droppings shall be removed when found during normal maintenance operations. 8) Maintain common areas in clean condition including removing trash from the planter areas. 9) Wipe all waste containers, replace liners as needed. 33 oi'47 Attachment B-Page 28 of 50 10) Wipe clean, disinfect and polish metal mircors. 11) Wipe clean, disinfect and polish restroom fixtures including sink, fauc�t, and toilet tissue holders, air hand dryer, trash receptacles and sanitary. product �ontainers. 12) Clean and disinfect toilets, sinks, fixtures, doors, walls, towel and toilet paper dispensers, door handles and other hand touched areas. 13) Wash all splash marks from walls around the sinks. 14) Wipe down and sanitize ceramic tile walls, ceiling; toilet compartments and � partitions 15) Remove cobwebs from afl areas 16) Refill soap, tissue and seat covers daily and as needed upon mid-day inspection. 17) Clean bowl rims thoroughly (stainless steel cleaner and disinfectant) 18) Clean and polish drinking fountains, chrome under sinks, keep toilets free of scale 19) Clean partitions, remove and report Graffiti to (714) 744-7279 20) Thoroughly mop floors with a disinfectant cleaner 21)Pour one gallon of water and one half a gallon of bleach into the floor drain alternating days. 22)Empty trash containers at entrance of restrooms and on train platform. 23) Police all concrete areas.including undercrossing, train platform, pattiways and walkways for trash and debris 24) Replace air fresheners when less than 5% of product remains, replace batteries as needed. 25) Report any plumbing or facility repairs to the designated City of Orange representative. 26) Power wash the restrooms twice weekly with an "Advanced Reel Clearier" using the manufacture's recommended procedures. http://www.advan�e- us.com/products/specialtyproducts/allpurposesystems/reelcleaner.as.�x 27) Once per week power wash down all concrete areas including undercrossing, train platForm, pathways and walkways. Recover all waste water per NPDES Regulations. � WQMP Best Management Practices for Operations and Maintenance of Pedestrian Undercrossing. Maintenance and Inspection Responsibility for BMP's: A. Train employees and tenants on water quality impacts. Distribute brocf�ures "Ocean Begins At Your Front Door" Frequency: Annually and for new employees during orientation. B. Restrict activities such as when washing and hosing of platforms into storm drains, recover water. C. Inspect inlets (storm drains) for trash and sediment accumulation Frequency: Quarterly and after major rain events, greater than '/Z" rair� per day. . 3�3 c�f 47 Attachment B-Page 29 of 50 D. Inspect top of the vault unit to ensure the phase "No Dumping Drains to the Ocean" is visible. - Frequency: Quarterly and after major rain events, greater than '/2" rain per day.. Inspect Storm Filter Vault for trash and sediment accurnulation. Clean accessible trash and report any inaccessible trash and sediment to the designated City of Orange Representative. Schedule IV Quarterlv and Annual Restroom Concrete Floor Treatment The below restroom floor treatment is to be performed four (4} times annualiy on all concrete floor restrooms in the City's Parks. 1) Scrub and thoroughly clean floors with a heavy duty`degreasing' product using power floor equipment with a designated 'concrete' brush. The below restroam floor treatment is to be performed one (1) time annually on all concrete floor restrooms in the City Parks: 2} Strip, scrub and thoroughly clean and prep restroom floors in preparation for sealant. 3) Seal floor with two (2) coats of 511 impregnator sealant. A. WINDOW CLEANING Window washing at all contract city park facilities two (2) times a year. To be performed on the following months. May Inside and out, October Outside only (excludes Grijalva Sparts Center as this is included with the normal service at this location). B. CARPET CLEANING Carpet cleaning of high traffic areas in all contracted City parks buildings shall be done two (2) times a year, All other carpeted areas to be cleaned one (1) time a year. Carpet cleaning shall be spin and bonnet type. Carpet stain cleaning will require a steam extraction method of cleaning and will be complete on an "as needed basis", 35 of�F7 Attachment B-Page 30 of 50 Section D Supplies and Equipment The contractor.is to provide all supplies: to carry out the cleaning and disinfecting operations within this contract, and shall meet the standards of the Federal Occupational Safety and Health Act and Cal OSHA. The contractor shall submit a written list of all supplies(i.e. cleaners, disinfectants,floor cleaners, and wax) with attached Material Safety Data Sheets (MSDS).intended for use in the buildings for approval by the City of Orange. In addition to cleaning supplies the contractor shall also supply all glass cleaner, floor stripper, furniture polish, Sheila Shine Stainless Steel Cleaner (use at OPD), Swifter Dusters (�sed at OPD Dispatch) etc. All cleaning products and supplies to be approved by the City prior to use.Any supplies not on the approved list must be removed From the premises. Adequate quantities of properly labeled supplies (minimum of two weeks inventory)must be on-hand to perform cleaning at al�times. Specialized green style cleaners to be used when possible. The PolicE Dispatch Area will require low odor green cleaning products that will be specified by a City of Orange representative. Contractor to provide an estimated monthly usage along with an estimated monthly cost of supplies. The Citv of Oranae will furnish: paper goods, trash can liners and hand soap. This includes lunch room napkins & paper towels, plastic trash bags (assorted sizes), toilet tissus, sanitary napkins, toilet seat liners and hand soap. a. Paper Towels b. Toilet Paper c. Sanitary Napkins d. Tampons e. Hand Cleaning Soap f. Sanitary Napkin Liners 9. Plastic Trash Bags ( assorted sizes ) n. Other Items as needed (approval of Facilities Superintendent required) i, Urinal screens/ Bowl Blocks/ Deodorizers j. Seat Covers k. Some Disinfectants/ Deodorizers The contractor is to provide all equipment: to ca�ry out cleaning operations. The use of HEPA filter vacuums is a requirement throughout all the buildings to be cleaned. The contractor shall submit a written list of all equipment, by quantity, name brand and model (i.e, six (6) Advance 16" Carpet twin HEPA filter Vacuums — two (2) Ratary buffing machines 18" - one {1) carpet extractor w/power-head )—two (2)Advance Reel Cleaners with manufacture's recommended cleaning solutions. All equipment is to be listed in Contractor's proposal that is used for daily cleaning requirements. In case of equipment breakdown, forty eight (48) hours repair or replacement time will be allowed. A!I of the Contractor's equipment is to be marked with a minimum of their campany name. 36 of 47 Attachment B-Page 31 of 50 Section E Qualitv Standards The following Quality Standards (cleaning standards)shall be used on a daily basis, and during the Performance Inspection process to assess the quality of the cleaning per the nine (9) major areas identified below. Offices- Cleaninq Standards: Furniture and EQuiament: Shall be free of dust, cobwebs, dried-soil and soil without causing damage, They shafl appear visibly and uniformly clean. This shall include the elimination of cleaner residue, streaks and film. Telephones: Shall be free of dust and soil. They shall appear visibly and uniformly clean and polished-dry. Lamas: Shall be free of dust, dried-soil and soil without causing damage. Lamps shall appear visibly and uniformly clean. This shall include the elimination of streaks, cleaner residue and film. Walls and Doors: Shall be free of dust, cobwebs, dried-soil and soil without causing damage. These surFaces shall appear visibly and uniformfy clean. This shall include the elimination of film, streaks, hand prints and cleaner residue. Waste Containers: Contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformly clean. This shall include the elimination of streaks, food-stuff and the presence of an offensive odor emitting from the container. Partitions: Shall be free of dust, cobwebs, soil and graffiti without causing damage. Partitions shall appear visibly and uniformly clean. This shall include the elimination of streaks, film and cleaner residue. Floors, Ca�pet and Baseboards: Shall be free of dust, cobwebs, dried-soil, soil, gum, spots, stains and debris. Hardlresilient floors shall have multiple coats of a slip-resistant seal and finish applied that result in a consistent high-shine. Floors, carpet and cove-bases shall appear visibly and uniformly smooth and clean. This shall include the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects. 3� ofa� Attachment B-Page 32 of 50 Resfrooms— Cleanin�Siandards: Special Note: Maintaining a sanitary restroom environment that minimizes the possibility of cross-infection is cansidered of the highest priority by the City of Orange. An inspection team shall closely manitor sanitation leve{s. Disqensers: Shall be free of dust, dried soil, bacteria and soil without causing damage. : These surfaces shall appear visibly and uniformly clean and disinfected. This shall include the elimination of film, streaks, and cleaner residue. Dispensers shall be refilled when required with the proper expendable supply item. Sanitary Napkin Dis�enserslDisposal Canisters: Shall be free of dust, dried soil, bacteria and soil without causing damage. These surfaces shall appear visibly and uniformly clean and be disinfected inside and out. This shall include the elimination o#film, streaks, and cleaner residue. Disposal bags are to be replaced with new daily. Hardware: Shall be free of dust, soil, bacteria and scale without causing damage. Bright work shall appear visibly and uniformly clean, disinfected and polished to a streak-free shine. This shall include the elimination of polish residue. Sinks: Shall be free of dust, bacteria, soil, cleaner residue and soap film without causing damage. They shall appear visibly and uniformly clean, and polished-dry. This shall include the elimination of polish residue. Mirrors: Shall be free of dust and soif, Mirrors and surrounding metal framework shall appear streak-free, film-free and uniformly clean. Toilets and Urinals: Tai{ets, toilet seats and urinals shall be free of dust, bacteria, soil, organic matter, cleaner residue and scale without causing damage. These fixtures shall appear visibly and uniformly clean, disinfected and polished-dry. This shall include the elimination of streaks, film and water spots. Under rim areas will be regularly inspected for cleanliness. Waterless urinals to be cleaned as needed ta ensure proper operation while reducing the urine smell to an acceptable level as specified by a City of Orange representative. Partltions: Shall be free of dust, cobwebs, soil and graffiti without causing damage. Partitions shall appear visibly and uniformly clean, disinfected and polished-dry. This shall include the elimination of streaks and film. J Waste Containers: Contents shali be rernoved from waste containers and can liners � replaced with new. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visib{y and unifarmly clean. This shall include the elimination of streaks, food-stuff and the presence of an offensive odor emitting from the container. 38 of 47 ' Attachment B-Page 33 of 50 Walis and Doors: Shall be free af dust, cobwebs, soil, spots and stains without causing damage. These surfaces shall appear visibly and uniformly clean and disinfected. This shall include the elimination of film, streaks and cleaner residue. Ceramic waNs and Wainscoats; metal kick plates, handles and push plates on doors shall also be polished- d ry. Floors and Cove-bases : Shall be free of dust, cobwebs, soil, gum, stains and debris. Floors shall have multiple coats of a slip-resistant seal/finish applied that results in a consistent shine. Floors and cove-bases shall appear visibly and uniformly clean and disinfected. This shall include the elimination of dust streaks, lint, standing water, cleaner residue and film. Air Vents: Sha11 be free of dust and soil. This also pertains to air distribution units and exhaust vents. They shail appear visibly and uniformly clean. Licaht Fixtures: Shall be free of dust and soil without causing damage. Diffusers shall remain in proper position, and appear streak-free and uniformly clean. Enfrances— Cleanln_q Standards: Mats and Carpet: Shall be free of spots, stains, gum, dirt and debris without causing damage. They shall appear visibly and uniformly clean. Adjoining walls, doors, and floor surfaces shall also be free of dust, soil, and cleaner residue. Glass and Metal Surfaces: Shalf appear streak-free, film-free, and uniformly clean. This shall include the elimination of dust and soil f�om sills and ledges and heat registers. Corners/Thresholds: Shall be free of dust, cobwebs, dried-soil, crud, finish build-up and debris. These areas shall appear visibly and uniformly clean. This shall include the elimination of cleaner residue. Floors Cove-bases and Carpet: Shal! be free of dust, cobwebs, dried-soil, gum, spots, stains, and debris. Hard/resilient floors shall have multiple coats of a slip-resistant seal and finish appiied that results in a consistent high-shine. Floors, carpet and cove-bases shall appear visibly and uniformly smooth and clean. This shall include the elimination of dust streaks, lint, standing water, cleaner residue and film. Walls and Fixtures: Shall be free of dust, cobwebs, dried-soil and soil without causing damage, These surFaces shall appear visibly and uniformly clean. This shall include the elimination of film, streaks, and cleaner residue. Elevators— Cleanin4 Standards: Tracks: Shall be free of dirt and debris. Tracks shall appear visibly clean. This snall include the elimination of standing water from wet cleaning procedures. 39 of 47 Attachment B-Page 34 of 50 Liqhts: Shall be free of dust, cobwebs, soil, spots, and stains without causing damage. They shall appear streak-free,film-free and uniformly clean. Bright metal surfaces shall be polished to a high-shine. This shall include the elimination of polish residue and/or film. Corridor— Cleanin4 Standards: Floors Cove-bases and Carpet: Shall be free of dust, cobwebs, dried-soil, gum, spots, stains; and debris. Hard/resilient floars shall have multiple caats of a slip-resistant seal and finish applied that resufts in a consistent high-shine. Floors, carpet and cove-bases shall appear visibly and uniformly smooth and clean. This shall include the elimination of dust streaks, lint, standing water, cleaner residue and film. Walls and Fixtures: Shall be free of dust, cobwebs, dried-soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This shall include the elimination of film, streaks, and cleaner residue. Water Fountains: Shall be free of dust, soil, scale and water spots without causing damage. Bright work shall be disinfected and polished"to a streak-free shine. Water fountains shall appear visibly and uniformly clean. This shall include the elimination of film and cleaner res+due. Sfairwe!!s— Cleanina Standards: Rails and Walls: Shall be free of dust, cobwebs, dried-soil and soil without causing damage. These surfaces shafl appear visibly and uniformly clean. This shall include the elimination af film, streaks, lint, standing water, cleaner �esidue or film. Steps and Landin�s: Shall be free of dust, cobwebs, dried soil, gum, stains, and debris. This shall include risers and cove-bases. These surfaces shall appear uniformly smooth and clean without leaving dust streaks, lint, standing water, cleaner residue or film. Windows& Blinds—Cleanina Standards; The contractor is responsible for cleaning the interior and exterior of the building windows per the specification. Blinds shall be cleaned by dusting and/or wiping with damp cloth. Windows to be dirt and streak free. Special precautions are to be taken to ensure window films/tinting is not damaged during the cleaning process. Miscellaneous— Cleanin_q Standards: Air Vents: Shall be free of dust and soil. This also applies to air distribution units and exhaust vents. They shall appear visibfy and uniformly clean. L.i�ht Fixtures: Shall be free of dust and soil without causing damage, Diffusers shal{ remain in proper position, and appear streak-free and uniformly clean. 40 of 47 Attachment B-Page 35 of 50 Janitor C/osets and Sforerooms: Shelves: Shall be free of dust, cobwebs, dried-soil and soil. They shall appear visibly and uniformly clean. Supplies and equipment shall be stocked, organized, neatly on shelves. Janitor Carts: Shall be free of dust, dried-soil and soil. They shall appear visibfy and uniformly clean. Supplies and equipment stored on janitor carts shall also be free of dust and soil, and organized neatly. , EQuipment: Shall appear visibly clean and organized. All mops will be wrung out and the mop buckets are to be empty and clean when not in use. Walls: Shall be free of dust, cabwebs, dried-soil and soii. They shall appear visibly and uniformly clean: This shall include the elimination of fi1m, streaks, and cleaner residue. Utilitv Sinks: Shall be free of dust, soi1, cleaner residue and soap film. Utility sinks shall appear visibly and uniformly clean. This shall include the elimination of streaks, embedded soil, film and water spots. Bright work shall be cleaned, de-scaled and polished. Floors: Shall be free of dust, cobwebs, dried-soil, gum, spots, stains and debris: Hard/resilient floors shall have multiple coats of a slip-resistant seal and finish applied that result in a consistent high-shine. Floors shall appear visibly and uniformly smooth and clean. This shall include the elimination of dust streaks, lint, standing water, cleaner residue, and film. � 4I of 47 Attachment B-Page 36 of 50 Section F Performance Inspections Custodial The purpose of the Performance Inspections is to ensure a high level of workmanship as well as to ensure the Quality, Hea{th and Cleaning Standards throughout this Scope/Specification are consistently achieved. Attached is a Performance Inspection Sheet that will be used by both the contractor and the City of Orange to rnonitor performance. The following intervals will be used for these inspections. 1. Contractor—Weekly . 2. City of Orange-Weekly 3. The Contractor shall perform weekly quality inspections of a11 sites and submit a written inspection report to the City of Orange. The contents and format of the inspection report shall be determined by the contactor and the City of Orange at the execution of the Agreement.A Performance Inspection Form will be provided by the City of 4range.` 4. The Contractor shall perform quality inspections with the City of Orange . designated representative. This inspection shall be of all sites covered by this Agreement with a written inspection report summary submitted by the Contractor to the City of Orange. 5. All noted deficiencies shaA be corrected within 48 hrs. of inspection. Repeated deficiencies of the same nature and site could result in penalties including contract termination as outlined in the Agreement. Each Restroom will have a "Restroom Service Record" signature sheet on site. These will be filled out daily and collecfed monthly for�reviewing pu�poses by the City of Orange. � Custodial Performance Inspection sheet and Schedules I, II, and I II.daily will be posted at � each facility for the Contractors employees to use as reference and City staff to monitor. 42 of 47 Attachment B-Page 37 of 50 G�'�.����Np� . ♦i �:* , � - . �: �'. �ro��C*y: Custodial Performance Inspection Building: Date:___ , __. ---.._._...._---�------.._. ._.... "^ �PERFORMANCE INSPECTION FORM .. _ __._._ ............. , _.n�Gl .._. .. - ._-_......._....... ..._...-__- ---ABOVE �ST�NDARD - -- BELOW INSPECTOR STANDARD ______._ , STANUAF2D ---------------- ..... ____.... AREASINSPECTED COMMf.NTS ---.._- _.. ........_. ........ . ............ ............----�--•- 1.Entrances 8 Lobbles -----_...__..�_.._...... _._... .. .................... ....... ----- - --__.___._..__.. _._...._..... . .._._.......... -...--�---. .. --- --..._............. a.Mats,Carpets _� __...._....--- .__.__, _.----- ----- .-...._..._._._. .._._. b.Glass,Metal Suriaces ___------- ------... ._......_._---..._....----_..__.___...--------.._.. _.._. ...._..__...._._; _.c.Corners,Thresholds : ��-- -- - -- ---___._..... ...._ .. .. . ._. -----...__..._.. , d.Duslin ' _._-- --._...___._.._.-----------------._.......___----...---- ._-- --._........ _......................_ _ ____..._.. e.FloorAPpearance i - ......_ _.._.._._.�__..._�......----.... _... ..._...-- ----- ---�- -----------. . . _.._._.._..... [8weeping,Vacuumin _.�__..._..-- -...._� __.-----.._......... . ....... ...... ......_..----.. _... _.. _... _._.._....�_. ---------- : _g.Walls ------------...._____._...._..... ....----- .--�---.................----...._..___._�..... h.Fixtures �-- ------ -- ._____,__......------._..... . ....-------...__._..._..._ _ I. Walkways!Breezeways ..._ �_--�---�----_--- --_..___... _...._.. .------.._..---_---�--- ------=.._......_...._....._.._ ...._..._..... ........................ 2.Elevators __.__.. _...__ _..._--..__....._..._...-------.._. -a.Tiacks - ..----...........�_..... __. .____--- -� ____.__........ -.__._.. b�hts _..-----....................... . _ _._.._........----__-------....._..__.�_........__-_ _. --- ------..._..._........_....._..._______.. _ ... c.Walis,Doors -----__.�. ___ _....._� __..�_...__._._.... d.Floors,Carpels - - ------- --------,_._.__ ._._—__.. , ___------ .......-- ------- ----.._..---------...__..........__._._.._....----- ---. ..._-___ �.CorridorslCirculetion Areas -.-..----....._ ...__...._...._...._._._..-------- -...__..__.....__............_. a.8we eping,.Va cu u ming ---.....__—._ ___........... ._..._...._. .............__.........._.... . .. . ..--�--�_..._.... . ... b.Floor Appearance -._ ----. . .._...----._ ..__-- ---- - --__. _.... __.__._.--- _---._... . .... . c Baseboards ---------�---- ___. _.-- -----_._,..... _ _.._.... . ._.. ___. . ...- ----.. d.Walis ----�--..._._.__._.._..._._..--------= -------._.._..._.......... _. . .. .. . . .__.__... ...----------...---- e.Water Founlains ---------------....__.._ ........._..._.._._._..__...._�. .--_ �-----__--__..----.-_._ _ ...------- f.Fiztures ._.... __ ---------- ----._-._...... ._..-------....---_....._. .. . _... ... . . 4.Stainvcils ._._...._.._._.._ ...._.._..._........---- --------. .. . _. -------- -..._....._.._.. ._ . . ..._._ a,Ftails,.Walic....._._..--- -----------....____...................._._.._.........._........._....._...--..._._..__....-----.._......._.. ......_.._..__ _....___. b Ste s,Landm�s ____ _..__..-- ------__�.------..._._..........---- ----- ---.._.._.....__._._...___._........._...- --•-- 6.Restrooms ......_ — �--_..�_..._..__._..,_.............__......_...._.. . . _......... ........ ....._. a.Dispensers,Hardware _. _,__,, ..��__..._. b.Sinks _.. ..-- ----_..._:.....T_..._... ---�._...^ - --------------..__.. _. ............_._ c.Mirrors ._--- —.___..__..._......._........_...._...._..................--- ........---... .. __._._ .. . d Toilets,U�inals --�-- _...__......--..._ . ....................... __.--._...-------�... _--..__..._—_�--- e.Parlilio�srWalls ---_..._..__..�..---.._...__...___. ._-------.._----___._.�__......_.---------- - ...__...._.. .-------- f.Floors,Baseboards - --�---- ----..._......_... . . ._.. ... . --------- q.Waste Containe�s ----_......__.....----- .. ...._...._._..----- ____ _ _�__�..._---...__.._....._ ----..._.._.... . 6.OHiceslConierence RoomafUbre ry ---- ...._...__ _--_.___.-_...._..__..._......... ......._ ... ... ..... . ._.. . ... .. ----- a.Furnilure _...__---------- -__._..� --------...._...._... ..__._. ............._..._.....- -- -----------...._..... ...__.....�_.......... b.Telephones.______,_„,___ ---- - - -_.--------.._..._.......-,-----.._..._.... ..........._ ._.._-------...-•-----._. . .. . ...___-----...--- c.Walls,Doors,.Spot Cleaning _ __......_......... ._.....__..__......_....._......_.. .. . _.._ __......._...._. ._�-._..-_._...._.. d.waste ContainerslRec ciiY n9 _.____, ..__.__._._ _ _.._.._..._...__ ------..............._ ._._.........__......_.----.. ...---- ---.. e Partllions _...._._.. --------._._..._-�----------....--....... ..._._.. ....__._....�.... L Hi_h/LowOustin9 _.._.. . __...... ---.__ ___..9...— _- -----------� - ------.� .Floor Appearance _.._ ....... .._. ._.............. ...............-_._..........._------ ----�.._. _.___......._............_..___.._ h.Sweeping,Vacuumin _..._.__ __�._._._._.._..- _..-----._- -----..___...__._.. ..... . i Baseboards ----._._.._ _�..... ......_____---....__......._ .. ............_..... ....._.__......._____._._..__._._._.._.... _..------------..._-- � '.� Edge vacuummg-----._..._..._......... ' - - ----�— �._... ..... - -.. 7 Windows_............._ ' ,_ -------...-- _....... _..._...-----. ._..._.._..._... ........._ _ __...._... a.Glass -------- ----- ----_._ _._....---...._.._.. _._._.. .... .............._...._..._._...... b Sills,Frames ... ----_.... .. .---- ---�----._........... . . . .. c.6linds �� U� �7 Attachment B-Page 38 of 50 " 8 Miscollaneoua a.Air Vents •- -- •. b.Li ht Fixtures c.Car et.5 ottin � � d.Vendin areas _.._._.._. ....... ...._._...._.—. .--�-------..._ — e.Floor wazing,Spray buffing 9.Janitor Clocets a.Cleanlinese b.Or anization �. . . _ — .�.. ------- . ------ _. . .. ... . . ...__... c.Su Iies/E ui ment 10, Rec clin � � a. Pa rRec cli Bins � ��� b. eevera e Conteiner Blns �� � H. Kltchen �---�-•- - - �� - a. Kitchen —._._._.__.... ..----.. : b. Kitchen Sinks . ...--�-�---._..... - • -- c. KiichenCounlers � �� � d. Kitchen Table&Chalrs. e. Kitchen Floora L Kitchen A Ilances Notes: Corrective Actions: Completed By: Date: 44 of 47 Attachment B-Page 39 of 50 Restroom Daily Service Record Month/Yr: Building: _ Restroom Location: __ ..._..._.__._... ..._ _ Restroom Daily Service Record � . ... .. . . _ _.__—._.------...--- ___..- --- .._ _ _. Serviced by: Time Day of Month Serviced by: (2n0 Service) Time (7_i1d . � ---- ... .. .. ..___._.._...____-- --._._..._._---��- Servir..eJ...----._....... 1 ......._... _.._------------�---- _..----.......... .. .. _..... ,�..__....___.-----_._._----- ..._._._..._. . ______._.. 2 � ___._.._..._.----------.__--------- - ..�_------... .__. ._. __..... 3 _._ ._._...._._..----------__.. ---._. __.--- -�._....___...._�___ _..__._.__.�------- ----- -—_....... 4 _.. _...___._.........._...... . ...... . . _. ..... . __ .... . .. .... .._........ _ 5 ___---_.. .------_.._.....�....._._ _.... ___---.. ..._.. 6 __._... _ ......... ....�- -- —�-----.—. ___.__�__...__._. ._-------_._.._..._.._.._.. .. ----....._._ 7 ----..__._.___..---------- ---- --____._..... .. ._ 8 _. _ ._..._...---._. ..... ...._._... _---_.---_.._____.. --------- --------------------__...--- ----- -----..._._._ . 9 ---------�--- - --—�---._... . . _..... . . _ ... .. 10 ----_�---------�—�---.._---- --.. ._....___�._...-- 11 _... ._..__ _.---_.__..._....___._...___ .._.T.._...---------�--__.._._.__.. _....___.__.T...—.___--._._�___.. __... --------.._ 12 --------- -----...._...---------.._._. ......._.. -------.--- 13 ---�---- — ----------- ------_..-----�--.___. _. .___. ...._ _----_......___._ 14 -----. ._..----._._.r.._._...._............ .._.. . . _ . ...___. ... _. _.. ... ._ 15 ------�--__._.....__. ___--- ..�__.._ ._----------._.. _ __--_.__.__....._.__...__.....---- --.._... .._. . _.._ 16 -- ----- -____... 17 --_—.__ -----..--------- ---- -----___ _.. 18 . .....----._..-----------.__._..._----- ______________ _..._..__.__.._...._........_ ._...-------...____----------------. .._—._...... 19 _._.._.._..._.-- --..__.... __------------------- -- ._. 20 - ----___,__..-------....___.----- --... ........._�___._ 21 ---------- __ _ _______ __ ____.. _... ... . .. ._. . ...._ -- 22 ------. .--- --_..___....---�- ---._._...... _ .. _ ._ __ .-----...... _. 23 .-----._._.__ ......_ __... . - 24 _._._..---------._._._.�. --------------..._..._.._..._.._.._.._._.._......._._...__..------........----------------;____. --------- ... _. 25 �. ---.............._. _...___ ___.. ..._ ._..----- ---.. . . _ . -- 26 - -__..._.______. ---------- 27 ---------..----__.._. ........_......_....---.__.._._-----__._ ._----�._�_..._ _....._...... . ...-----...._..._.. . . 28 _ . ..._.._.-----------------____._--.___—...._._.__..__ ..---......_..-------.._...--- ------- . _.._-. ____...__ ------- __. . 29 _ .... _ . ...._ . ...-----........_ .....---_..-----...----.. . . _ . _. _.__. ..__.._ ._.. ... 30 31--�_._.__.__..._._._....---__... ._...... ----.___ _... .._... 45 of 47 Attachment B-Page 40 of 50 - Monthly Restroom Clean�ng Cog OPD Locker Room Waterless Urinals Month 201 Basket Disk Day 10:00am 2:30pm 7:OOpm 11:30pm Cieaned Replaced 1 --......_ .. ------------------------------•----------...- -�---..... ... _........ . _ 2 --------- ----------------------------------------------•--------- ----------- ------------ -----------�- --..... .---- -----�-------- 3 --------- ---------•----...--------'---------•----•-•----•--------- ----------- ------------ ---•----••--- ------------ ----•------.... 4 --------- ----- - -. ._.. . 5 ----•---- -------------------------------------------------------- ----------- ------------ ------------- ----•-----•- ---•�--------- 5 ----•--•- ---=---------------------------------------------------- -••--•----- .._....----- ------------- -------•--.. _._----------- 7 , --------- -------------------------------------------------------- ----------- ------------ --------...-- -----...---- ------- ----- 8 --------- ---------•-------------•------------------------•-•----- ----------- --------•--• --•...-•--•-- ---------•-- -------------- 9 ------•-- •---------------------------------------•----------•---- ----------- -•------•--� -•--------•-- ••------�--- ------------.. 10 ' •----••-- -------•------------------------------------------------ --•-------- ------------ ------------- ---------- - --�----------- 11 --•-•---- ----•--•--------------------------------------••--•----- ----------- --•--...•--• --•---------- ---------•-• •------------- 12 --•------ •-•----...--•------------=-------=-----------------•---- ----------- ------------ -�------.._.. ------------ --•-----�----� 13 --------- -------------------------------------------------------- ----------- ------------ ------------- ------------ -------------- ---14--- -•-------------•------=-------------•------------------- ----------- ------•----- -----------�- ------------ -----------.._ . 15 --------- -----------------•-•----------------•------------------- ----------- ------------ ------------- ----•------- ----�--------- 16 --------- ---------=---------------------------------------------- --•-------- ------------ -...---•----- ---------•.- -------------- 17 �-------- -------------------------•------------------------------ ----••----- ------------ ------------- ---------�-- -•-••--------- 18 --------- -------------------------•------•----•--------------•--- --•-------- ------------ ----------- . .._......---- ---•----...... 19 --------- --------------------------------•-----•----------------- ----------- -----•------ •------------ -•------•--- ---- ----- .... 20 -------•- -------------------------•------------------------------ -...----�-- ------------ ------------- ------------ ---•--•------- 21 --------- ------------------------�--------•-----...-�------------- ----•---- . ......------ ---------•-•• ------------ ------------•- 22 ---•-•--- •-•-------------•--------------------------••----------- ----------• ------------ ------...-•-- -------•-•-- •---......---- 23 -•------- -------------------------------------------------------- ----------- ------------ ------------- ------------ - -- �--�- --- 24 --------- --------------------------------------------•-•------•-- ----------- --•--------- ------•------ ------....__ ... ------� -- 25 --••-•--•---------------------•---------•---•----•-- ••-•------- ------•---•- -----•------- --------•--• ----•--------- _........ --•- � --26- ---------------•---.._..-------•--------------•------- --------- ----...-- ------------ ---------- ----------- - " 27 " -••--•--- -•-----•--•----------•---------------------------------- -•--------- ------------ ------------- ------------ ��---�--....--- 28 --------- ----------•-------------•-------------------------•-•--- •---------- --•--------- ------------- -----•-•--•- - �------..._ 29 --------- ----------•--------------------------------------------- ----------- ------------ ------------- ------------ -------------- 30 --------------------------------- --._..----- -----------� -----....-- - ------------ -------------- -•------- --------------•-------- _ 31 46 of 47 Attachment B-Page 41 of 50 Section G Citv of Orange Contact lnformation Citv of Oranae — Communitv Services Donald Equitz, Sr. Landscape/Project Coordinator 637 W. Struck Ave Orange, CA. 92867 ' Office - (714) 532-6464 Paul Miller, Parks Maintenance Supervisor 637 W, Struck Ave Orange, CA 92867 � Office -- 7�14-532-6472 Citv of Oran�e -- Graffiti Hotline (714) 744-7279 I 47 of 47 Attachment B-Page 42 of 50 pi'Olp, v���'���r�j'4.CF' �r •"Y+�.l?• T;. i:��,:;:�.,;4 City of �rangc ,�,-.�• � � .�,e,>.:�..�;'� R,�rr+tv�" I)��p�t��tn�ent tff t'onuttuuity S�rvices ?31) [�.. C.h�Pman. Ati�c. Oran�c, ('a. 92HG6 7l4 7��-72G4 ('T��I.) 71�1 7�t�t�72S1 (I�:�t) ('t1STODlA1. 5I?RVI('��:5 I�OR C:17'Y P,4Rti,S PAC't[,1'1'14:� i'ROY4SA1. 1O.�1SG-18 ADUI,Nn[i�f �( 'fo: ��II Uffcrors \u�cmbcr 18, 2U1S Sub,jcct: l'ublic Work encl Prevailii��;Wages. � 'This projeG (Proposal ��o. 156-18)��rilf Nn't bc suhject to Prevailing 11',i�:�s. � It should be noted that while the prevailin������ec rcquircmcnt docs nc>� ,i��pl��, other la�vs � ��ith rcgard ta wagcs, tiuch as minimum wabe rcquircmcnts slill appl�' tu Ilic Cuntr�ctor. 5ub,jcct: Wages/hourly��ay rates. � ;Each Bidder is requir�d to include withiii hisll�er J�ropc�s�il specific hoiu�l� pay rites li�r the followiu�; classitic.i�i�i�s of cmployceti���ho���ill bc providinE Cuslucl�,tli.lanilorial Services withi�t the City c�f Oran�;c: - Cttstodian/.fanitor - Day/wCCkcnd Po�'ler - }�orrn�n/I,cad - Supervisor Sui�ject; Submission of Prc�posals. i ;Gach f�iddcr is rcquired to submit �me(!)ori�inal pro��c�s�il and thrcc(:�i co�,ieti ot' � his/l�er praposal,for a total aF four(�3) cc�pies to thc C'itv Clerk's l)I'ti�c �„� the I'i�opo��l Uue dale ol'Navember.'i���, 7Q i 5. If iher•�are any fu��ther questi�os,you m:�y cont:ut �ne�t 71-t S32-G4(�d o�• b.• em;iil :it �;:.�tiri[t�r c•iT�uftrr.tn���•.r,i;� I2espectfully Submitted, Uon Lyuitz Sr. L,�ndsc��pc !'roject Coo��dir�ator Attachment B-Page 43 of 50 nF(IR . `�V. ,:�,�r�C� . �: ./ ` '•.T � �� � City of Orange . ' •', . ;,y ' . �i:•. i,.,n�'.� �'�\'� . - . . � . . �'f/�{\1Y'��\• � . Deparhnent of Co�umunity Services 230 C. Cha�3m�n, Avc. Or�in�;r, C�. 92866 714 744-7264 (Tel.) 714 744-7251 (F.iz) CUSTODIAL SERVIGES FOlt CIT1' PA12KS i�ACIt,ITII?ti , PIZOPOSAI. NU. 15G-fti rV)UI?V I)U i�1 I#2 To: All Oflorors No��ciuber 2.i,21)1S tiubject: Section B- CUMMUNITI' S�RVIC'F:S I)1�.1'Al2'1'i1�`[I?N'I' PARKti. Rf?ti"I'1tOOMS ��I�I) RCLATCD �ACIL17'1[;S. Rcg.irdin�;5nc�dulc `V' Scr��icc li,rtccl on I'�u9cs frcrm pagcs 2S through ��:ige 30 ol'thc RF1'. i All Parks sh�wing Schcdul� 'V' Servicc should �•c��d Srhr�iulc 'IV' Service in tlle RFP, Thiti specitic Schedule 'fV' Scrvicr invulves th�. Quai�terly and Annual ResU�oom C'cmcrcie Floc�r'freatmrnt ��s clrscrihed on page 35 oftlte RFI'. If Il�ere are an,y furtlier questions,,you ms�l'cont�ct me ai 71-1 S32-GaG� ar• bl' crn�:iil .�t cli•� uili rr cil�`n}���rslno�.�nr�, ......i....-�----..�._.._._—___d_....._:� Res��ectfully Su�mittecl, 1)on i;qiiit� Sr. I,�ndscapc I'rojecl Coardin.�tor _ Attachment B-Page 44 of 50 ATTACHMENT NO. 2 CUST PRU�OSAL Attachment B-Page 45 of 50 �:l:r�7':��N�rr nF K��:u��iKf:n i�Eog��:����o,�,����Lxi�M:tt�r:�c�a: 'I'hc proposer(s rcquircd to antpph'fdc folloa•In�infarmation oa 1he[unny pro�9Jcd. ' AddiUaual shecl�may be altachal if occeswry: I. 'llh:pmpuxr shull proridu Ilu:fnllu��intt: • ol Conipun�•Nuine: ��anis Building Maintenance � 'b) 1 j•�;uf f:utlty(!'nr�xanrple.u l i�!(linYrru cYrr�wraN��nl: LlC c) I.icena:Nu�f�hor: 146331 ' d) l.iccns,;Clax�: Business License _^_ . . q! I.icen�lispiro�Eon I�le. 03/3t/46 Z. I.isl m Icusl tltnv:(3)pubiic ogenciu�lix wi�icl���uur mmpun�•pn►�iJ�d��urk zi�nilar ia nawre and xa�Ex ta d�c�rork for��i�lch�his pn�puzul is M¢ing submiucJ, lurh��urk or canlrncts ntust.lfqvc(xxm porlbmuJ or widcr aentroct during ilK pu�l lirc I51)tian. u) Nonx: City of Santa Fe Springs �_ �J�ti�: . 11710 Telegraph Road � ___ �;q: Santa Fe Sc�rin�s s�u�c: CA 7.ip:_90670 . Coniaci: Mr.Todd Sheggstrom ° �l'ctcphonr. t�2� 868-0511 , 'C�•p�uf Pntij��ct; Janttoriat servlce for City facilities and aarks ' Cunt�ucf Dwnliun: 01/131�2-Present Annunl Conlnnt Ana�unr _$538,569.00 b► Na��k: Ciiy of Costa Mesa �_. __ Addrc.�; 77 F�Ir Drlve ------•-- ---.--- Cily; Coate Mese Stutc: CA /ip; 92628 _ Cuntw:l: Mr.Doug Lovell 'i'�lephnnc: (7�4 1 754•5299 , 'i�;����ri�n>ntii: Janitodal service tor citv facilides and parks Comraat l)uralitm: 09/Q6/14 t0 Present Annual C�mint�y Aoww�l: $432,916.58 11 ol'a7 Attachment B-Page 46 of 50 c) Namc: City of Orenge ���,�; 300 E Chapman Aversue Ci�y: Oran9e ......._... tiw�c: CA _ .. '/.��: 92866 . conm�c DonEqu'�tz _-•----fcicphanc; c714_ �.532-6484 .... _.. 'I'�•�ul'Pn����cc Janitorial services fo�ci facilities and.parks �,� � Canlrucl l)uruticm: 07l0.1/11-Present q,�i�u„f C'o,nmei�,,,,,u,ti; $490i182_96 3. 'iL�G�Ilu��h�g Infumiotiun aiwll bo submiucJ�ci�h Pn�pnsal-lioiiicd�o IS pa�r�(8.5's I I"k o� A 1lusinc�.r•I�ndik.���nEci►sn�i��m:i��t��u.��r�����k„�ce.����n�ai����ik����,��„�w tmining.r.s�rtutue end numhcriil'����un��iU��•our 6rni. b� Q,'�1 jg aitb Iho numtk�nC¢oiploy�tix you pn►pux l��I►u►e ar�i�ixd cu cq�cr Qtc junilarJullcustuJial contrad.e.wluJinµ 11i�Jw•�xxtcn. c� YSiur 13rm'4_mi;llmdnTnav I'or ci►xurina Ca�•uru�r in thc r�'c�u ol'�wtl'uh,����ti.1��. ilines�vneodons.ond/or tcnn4udiou:�). d► '• ovc c ofyuur limin biriri�t p�uc�i�ti�scawnbig.t+nck�tnnntJ c6eck�UMV check�t otc. e� Ynur I�mi's na�tht�lobue thal ��ill.bo ux�.til lo�vrr�tii tklici�nei��.uuJ prc�ent te- �k�urhnccs 11 Q,(�y nf clraning sapplics la Nr uscJ unJ all�ltil IA n:yuireJ M1ti1)5'. �� ti' n ' on!h�tixm(s)pruviJcJ. - �. If ocyucxu:d b}•Utc CIq•ol'Oran�.ihc 1'n��►a�vr shulll'umish u n��lurii.�J fiuunciul,iatciucnt. linunciul Jola arulhrr Inlbmiatton nnd rcti:M1m�til�l sullicicntl�•�ti�mpn;hvad�c lu�xnnit nn �y�rui�,il ofllw Cimlraclut'R eurrcol lin�uuk�l ronJilinm. 5. 'Irc l'n�rxiavaltuq clMck otte uf IIx lollaa in&binnk spaccs,a�c tfx���w�ua�fx:.N'thc I'm�x�Kr ' J�k�x not��h�k eid�c�hax.it��il)bc dccm�d Ihnl hc hos chccl;al Rm A: W X'Ihc und��IgrtC+l 1)pkti N(J'I'IN 1'IiNt)cu.rubaimrurt an;•�x►ni��u uftlii.pmject. h) ,�,7bc undcnignud IN'I'IiNI)ti ui suh�rx�tmct a pnniun ul'�hir pmJccl ln tlic li►Ilowing xubaroln�cu�r:i.l�ote:Pl�nvc rol�r ta dx tiuhlaning and SuMYnttmc�in�l�nir I'ructi�ts Act amirncnc(ng ol kedun�IOD ol'thc('nfifi�miu I'uhlic Conlrnct CuJu fiulhc�n+rtiun nl'+ta�k lur��i�ech wlxxmlrael dfscloW►R iz rLv{uinv{��ilh Ihe pni�x►rul.) I�nr�uch:N6cuntrurl��r tu hC vxd for Ihc�:rG�rnwnec ol'uurk u�alur this I;f N.plcnse iJcmif j Ihr iwmc ohhu suMrnntroc�or.ilu contuc[penaM.udJro��and 1clrphui�c nun�h�r.u dcscriptiuu nl'Ihe I�•pc of aarf:ta hC�xYlomted b�'cocit:�ulxtuilructar unJ d�a�rtrnluEr Ilwl II���ork R�+nMnls tn thu��f�olu: iz��raa Attachment B-Page 47 of 50 RFP No.156-18 . Bid Cost for Custadfal Senrtces for Community Serviees Facllities Cammunitylfeivloeo �kc Prko Prlca A roM, uarc Vc�da Dermon�h anrtual ElscnhowerPark ose $24.69 $783.00 $9,156.00 � • Elta+rtlnoPark � 7,03! $28.06 $799.00 $8,588.OQ ElCembroPirkComm.Aaom �,SOO . $15.82 $488.00 55,856.00 °ElModana0ark SSa $20.16 $616.00 $7,416.00 . fied Barror�Park eGo $2�.16 $618.00 $7,416,00 aMVark 986 24.89 $763.00 $9,156.00 • � cd}e�ra scenter �a,4s� $60.83 $1,865.00 $�,380.00 Hen Park g60 ` $Z0.18 $818.00 $7,416.00 Ha Parlch¢Iter oo ' 512.23 $375.00 $4,500.00 Nanverk o $40.28 $1,235.00 $14,820.00 HartPartGommunl noom S,tp $15�92 $488�00 $5,856.00 � FiertParkPool•Stasorial 3520 $33.01 $1,012.00 $4,048.00 � .�l�s�r;�c�'-`, Ma�� � r�� �,�� HanPark0ooll�ta�torR�sRmoms 860 $20.16 $618.00 $7.416.00 Toal,�noi i � 31,466 $33q,67 $10,280.00$115,024.00 - IJ ufa7 ' ' . . � , Attachment B-Page 48 of 50 1 �m���� p� Prko Prke pp uaro Per PMmontA annual �A�erervartaa�enter 1,too $15.92 $488.00 $5,856.OQ leveta vart s6o b20.18 $618.00 $7,416.00 McPhanon Athtedc is�tli gs0 520.16 $618.00 $7,416.00 MehatlnkSteUon 1pp 5105.87 $3,248.00 $38,852.0 ouw P,r� eso 20.16 5618.00 $7 416.00 othoPa�cCommun Woom 3,1� $17.09 $524.00 $6,288.00 vach�rr�e seo $18.65 $284.00 $3 528.OQ sanUa o Nebvark �oo $20.18 $616.00 $7,416.00 �,�„o ,� soo $20.16 $618.00 $7.416.Q0 Shelfer P+r4 960 20.18 $618.00 $7,416.00 SEeHmPattCommvnl Boom 1,975 $17.68 $542.00 $6,504.00 ScevaambrhMamwklverk 7„�Io . $24.46 $750.00 $9000.06 Totsl�haotz 14,821 $318.63 S9,fi52�00 114,824.00 Tatel�ce�t 31�� $334.67 $10 260.00 $115.024.00 TOTA� 46 089 53.30 $19,812.00 $229,84�.00 DroWde separate tost(or extra work or proJect cleanin��s lndtcated below: Exere w wa aeen � Hw ItBle Waakend Premlum $27.75 Hollda Premium 527.75 rs ara� . Attachment B-Page 49 of 50 Pro�wscr's SICNATI►RE(5): Inscrl full nmi�c of Comoiation(or(icncml PnAncrship.l.imitcd Partncrship.l,imitcd Liahili�y Cumpany.Sok Proprietorship): (iin�ti�essaq•).Doing business a,q: � . ��: _l�t2d� �, V�in�ed Nwiw: avid Haas � '1'i�ic: Presiderrt I��: 12120/2015 ���: f��L GG�C� %f/ � Cll� I�rinted Nun�c: Krista Haas 9iUc: �ce-President Uflt�; 12l20/2015 IG nf47 Attachment B-Page 50 of 50 AGR-6267.B.1 FIRST AMENDMENT TO CONTRACT [Custodial Services for City Park Facilities] T4is First Ainendment fo Contract (the "First Amendment") is made and entered into as of ��-t��l j �' , 2016,by and between the CI1'Y OF ORANGE,a municipal corporatian (the "Cit}�'), and MERCHANTS BLTILDING M.AINTENANCE, LLC, a Califocnia limited liabiliry company (herein referred to as the "Contractor"), with its principal office for purposes of this First Amendment at 1639 E. Edinger Avenue#C, Santa Ana, California 92705 and with reference to the following: A, Zfie City and the Contractor entered into that certain Contract (Agreement No. - 6267.B) dated as of January 14, 2016, which is incorporated herein by this reference (the "Original Contract");and B. The City and the Contractor desire to amend the Original Contract to modify� amend and supplement certa.in portions of the Original Contract, NUW,THEREFORE,the parties hereby agree as follows: Section 1, Defineci Terms. Except as otherwise defined herein, ail capitalized terms used herein shall have the meanings set forth for such terms in the Original Contract. Section 2. Revised Scoae of Services. The 5cope of Services,Exhibit A to the Original Contract, is 6ereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incocporated herein by this reference. Secdon 3. Compensation. The total n�t-to-exceed compensation (exclusive of reimbursables) set forth in Article II of the Origina! Contract for the services to be rendered thereunder was the sum of FNE HUNDRED SEVENTY ONE THOUSAND SIX HUNDRED TH.IItTY TWO DOLLARS and 13/100 ($571,632.13). Article II of the Original Contract is hereby amended to provide for an increase of ONE �-NNDRED TWENTY ONE THOUSAND SEVEN HUNDRED THIRTY NINE DQLLARS and 00/100 ($121,739.00) in the total not-to-exceed compensation such that the Contrackor's tota! compensation under the Original Contract,as amended by this First Amendment shal] not exceed SIX HiJNDRED NIIVETY THREE THOUSAND THREE HUNDRED SEVENTY ONE DOLLARS andl3/100 ($693,371.13) without the prior written suthorization of the City. Section 4. Amended Compensation—Extensions, The total not-t�-exceed compensativn (exclusive oF reimbursables) set Forth in Article III oP the Original Contract for the services to be rendered under the First Extension and the $econd Extension was the surn of TWO � HUNDRED THIltTY SIX 'THI�USAND FNE HUNDRED THIl2TY SEVEN DOLLARS and i 42/100 ($236,537.42), respectively. Ariicle III of the Original Contract is hereby sunended to provide for an increase to each Exeension of SIXTY THREE THOUSAND FNE HUNDRED SIXTEEN DOLLARS and 00/100($63,S16.00)in the total not-to-exceed compensation such that the � I Attachment C-Page 1 of 6 � Contractor's total compensation under the 4riginal Cuntract for the First Extension and the Second Extension,as amended by this First Amendment shalI not exceed THREE HUNDRED THOUSAND FIFTY THREE THOUSAND DOLLARS and13/100 ($300,053.00), respectively, without the prior written authorization of the City. Section 5. InteQration. This First Amendment, the agreements specifically referred to herein,and all attachment�hereto (if any)integrate all of the terms and conditions mentioned herein, and supersede all negotiations with` respect to the subject matter hereof. lfiis First Amendment amends, as set forth herein, the Original Contract and, except as specifically amended hereby, the Original Contract shall remain in fuII force and effect, To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Contract, the terms and provisions of this First Amendment shaIl control and govern the rights and obiigations of the parties. IN WITNESS of this Contract, the parties enter into this Contract on the year and day first above written. "CONTRACTOR" "CITY" ^ MERCHANTS BUII.,DING MAINTENANCE, CITY OF ORANGE,a municipai corporation LLC,a California limited liability company *gy. ����,� By. � �, Print e: / T resa E.Smith, Mayor Tide: � *BY; �-� �'`_" A ST: Printec�.�lama:.-- Gua� r—�6+l,.�r Tide•C-.�� . Mary . City Clerk APPR- D AS T�FORM: , G She Se 'or Assistant City Atto ey *NOTE: If CONTRACTOR is a corporalfon,the Ci�y requires!he following slgnature(s): -• (i) the Chairman of ihe Board the President or a Vice-President,AND{2)the Secretary, the Chiej Financial Ojficer, tbe Treasurer, a� Assistant Secretary or an Asststant Treasurer. Jf only one corporate officer exists or one corporate offrcer holds more than one corporate ofJ�ce,please so indicate. OR � » The corpora�e officer named in a corporale resolunon as authorized to enter into this � Contract. A copy oJthe.corporate resolution,cerh'fied by the Secretary close in time to the execution of Iha Cantracl,must be provided to the City. 2 Attachment C-Page 2 of 6 EXHIBIT"A" ADDITIONAL SCOPE OF SERYICES [Behind this page.] Attachment C-Page 3 of 6 EXHIBIT��A" ADDITIONAL SCOPE OF SERVICES SENIOR CITIZENS CENTER, 170 S Olive, 12,300 sq. ft. • 2 story multipurpose Community Services building � Various administrative offices on both floors � Various crafts and work centers, 15` floor • Multipurpose raom, !S' floor • 2 re5troomS • 1 large commercial kitchen to include counter tops, sinks, stove tops, empty out refrigerator, remove all trash und food trash, flaor drain servicing,clean out,and flush � 45%carpeted • 1 service elevator • 6 days a week service,Monday through Saturday • Service to be performed between 1:00 am and 8:00 am • Schedule I&Schedule II Service SENIOR CITIZENS CENTER DAY PORTER • One(I) day porter • Five days a week,Monday through Friday • Eight (8) hours per day • 7:00 am to 4:00 pm includes a one(1) hour lunch period • Must speak fluent English and be paid a minimum of%a 6.00 above California minimum wage per hour(but not less that as required by the DIR for eguivalent job classifications) for length of cantract. To be provided the option of purchasing medical insurance through the company • Will report to and take direction from the Parks & Facilities Manager or his designee � Schedule I and Schedule II SENIOR CITIZENS WEEKEND HITCHEN, RESTROOMS,LOUNGE, & LOBBY CLEANING � Cleaning of kitchen on a call out basis (2 hrs labor estimate). Normally this will be on a Saturday/5unday evening with one week advance notice. Exhibit A-Page 1 of 3 Attachment C-Page 4 of 6 FREOUENCY OF SER�ICE "A" Once�day—Monday through Friday Twice a day—Saturday, Sunday, and Holidays. "B" Once a day—7 days a week service,including Holidays "C" Once a day—Saturday, Sunday,Tuesday,Thursday service including Holidays. "D" Once a day—Monday through Saturday service and Holidays. "E" Once a day—Monday through Saturday service,excluding Holidays. "F" Once a day—7 days a week service,excluding Holidays. "G" Other—to be specified Exhibit A-Page 2 of 3 Attachment C-Page 5 of 6 DAY PORTERS FOR SENIOR CENTER In addition to the labor supplied by the contractor tv accomplish the tasks defined in Sections C, D, E, & F, the contractor shall supply(1) one full-time Day Porter to perform a variety of similar tasks. The Day Porter shall work and (8) eight hour day with work beginning no earlier than 6:30 a.m. and ending no laker than b:00 p.m. A set schedule will be determined ut contract execution. The City of Orange requests that the existing Parter currently servicing the Senior Center be utilized for the new contract. Duties • Setup rooms for various activities, including moving &setting up tables and chairs • Cleaning as needed to address daily needs such as spills of food or liquids. � Move or position furniture or other items as needed • Take direction from the Facilities Administrative Personnel on all other Facilities custodial or maintenance needs, . Exhibit A-P�ae 3 of 3 Attachment C-Page 6 of 6 , AGR NO. 6267.B.2 SECOND AMENDMENT TO CONTRACT [Custodial Services for City Park Facilities] This Second Amendment to Contract (the "Second Amendment") is made and entered info as of i' o , 2018, by and between the CITY OF ORANGE, a municipal corporation (the "Ci "), and MERCHANTS BUILDING MAINTENANCE, California limited liability company (herein referred to as the"Contractor"),with reference to the following: A. The City and the Contractor entered into that certain Contract (Agreement No. 6267.B) dated as of January 14, 2016 (the "Original Contract"), which was later amended by that certain First Amendinent to Contract, dated as of July 12, 2016 (Agreement No. 6267.B.1) (the"First Amendment"). The Original Contract and the First Amendment are incorporated herein by this reference; and B. The City and the Contractor desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terrns used herein shall have the meanings set forth for such terms in the Original Contract. Section 2. Cross-References. The City and Contractor hereby agree that all references in the Contract or this Second Amendment to the "Contract" are deemed and construed to refer to the Contract, as implemented by this Second Amendment. Section 3. Revised Scope of Services. The Scope of Services, Exhibit A to the Original Contract; is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference. Section 4. Compensation. The total not-to-exceecl compensation (exclusive of reimbursables) set forth in Article II of the Original Contract for the. services to be rendered thereunder was the sum of FNE HUNDRED SEVENTY-ONE THOUSAND SIX HLJNDRED THTRTY-TWO DOLLAR5 and 13/100 ($571,632.13). Article II of the Original Contract was amended by the First Amendment to provide for an increase of ONE HUNDRED TWENTY-ONE THOUSAND SEVEN HUNDRED THIRTY-NINE DOLLARS and 00/100 ($121,739.00) in the total not-to-exceed compensation such that the Contractor's total compensation under the Original. Contract, as amended by the First Amendment, would not exceed the sum of SIX HUNDRED NINEY-THREE THOUSAND THREE HUNDRED SEVENTY-ONE DOLLARS and 13/100 ($693,371.13). Article II of the Original Agreement is hereby amended to provide for an increase of FOUR THOUSAND NINE HUNDRED ELEVEN DOLLARS and 00l100 ($4,911.00) in the total not-to-exceed compensation such that the Contractor's total compensation under the Original Attachment D-Page 1 of 4 Contract, as amended by this First and Second Amendment shall not exceed SIX HUNDRED NINETY-EIGHT THOUSAND TWO HUNDRED EIGHTY-TWO DOLLARS and 13/100 ($698,282.13)without the prior authorization of the City. Section 5. Inte�ration. This Second Amendment, the agreements.specifically referred to herein, and all attachments hereto (if:any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect to the subject matter hereof. This Second Amendment amends, as set forth herein, the Original'Agreement and the First Amendment and, except as specifically amended hereby, the Original Agreement and the First Amendment shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Ameridment and the terms and provisions of the Original Agreement and/or the First Amendment, the terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties. IN WITNESS of this Agreement, the parties enter into this Agreement on the year and day first above written. "CONTRACTOR" "CTTY" MERCHANTS BUILDING MAINTENANCE, a CITY OF ORANGE, a municipal corporation LLC, a California limited liability company , *By. By;7� Printe ame: . Rick Otto, City Manager Title: *By: Printed e: APPROVED AS TO FORM: Title: S 1 ary A She e ' ' ant C' A e *NOTE: The City requires the fo[lowing signature(s) on behalf of the Consultant: -- (1) the Chairman of the Board, the President or a Vice-President,AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate offtcer exists or one.carporate officer holds more than one corporate office,please so indicate. OR -- The corporate officer named in a corporate resolution as authorized tv enter intv this AgreemenG A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement,►nust be provided to the City. 2 Attachment D-Page 2 of 4 � EXHIBIT "A" SUPPLEMENTAL SCOPE OF SERVICES [Behind this page.] Attachment D-Page 3 of 4 Supplemental Scope of Services for Merchants Building Maintenance Services (2017-2018 Fiscal Year) 1. Additional location added to daily routine:Yorba Park (190 S. Yorba St., Orange) • Restroom servicing (7 days per week) $687.00/month x 3 months (Apri1, May,June) $2,061.00 • Detail, clean &seal concrete floor prior to the park grand opening (one time charge) 350.00 Subtotal for Yorba Park $2,411.00 2. Additional senior center facility cleaning(on-call basisj $2,500.00 Total Increase for Fiscal Year 2017-2018 $4,911.00 � Exhibit A Page 1 of 1 Attachment D-Page 4 of 4 AGR-6267.B.3 THIRD AMENDMENT TO CONTRACT [Custodial Services for City Park Facilities] This Third Amendment to Contract (the "Third Amendment") is made and entered into as of 0?3 , 2018, by and between the CITY OF ORANGE, a municipal corporation (the "City"), and MERCHANTS BUILDING MAINTENANCE, LLC, a California limited liability company(herein referred to as the"Contractor"),with reference to the following: A. The City and the Contractor entered into that certain Contract (Agreement No. 6267.B) dated as of January 14, 2016 (the "Original Contract"), which was later amended by that , certain First Amendment to Contract, dated as of July 12,2016(Agreement No. 6267.B.1)(the"First Amendment"), and that Second Amendment to Contract, dated as of Apri124, 2018 (Agreement No. 6267.B.2} (the "Second Amendment"). The Original Contract and the First and Second Amendments are incorporated herein by this reference; and B. The City and the Cvntractor desire to further amend the Original Contract to modify, amend and supplement certain portions of the Original Contract. NOW,THEREFORE,the parties hereby agree as follows: Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Contract. Section 2. Cross-References. The City and Contractor.hereby agree that all references in the Contract or this Third Amendment to the "Original Contract" aze deemed and construed to refer to the Contract,as implemented by this Third Amendment. Section 3. Revised Scope of Services. The Scope of Services, Exhibit A to the Original Contract, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference. Section 4. First Extension Term and Compensation. Upon expiration of the Original Agreement Term(June 30, 2018),Article III of the Original Contract Agreement is hereby amended to reflect a First Extension Term commencing on July 1, 2018 and terminating June 30, 2019, in an annual amount not to exceed THREE HUNDRED TEN THOUSAND SEVEN HiJNDRED I�iINETY-SEVEN DOLLARS and 00/100 ($310,797.00), which includes TEN THOUSAND SEVEN HiJNDRED FORTY-FOUR DOLLARS and 00/100 ($10,744.00) for maintenance of the additional facilities at Yorba Park, added as part of this Amendment. Section 5. Citv Mana�er Authorization to Sien. Pursuant to Article III of the Original Contract the City Manager is authorized to approve and execute each Extension to the Original Contract. ': Attachment E-Page 1 of 5 Secrion 6. InteSration. This Third Amendment, the agreements specifically referred to herein, and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect to the subject matter hereof. This Third Amendment amends, as set forth herein, the Original Contract and all amendments thereto, and, except as specifically amended hereby, the Original Contract and all amendments thereto shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Third Annendment and the terms and provisions of the Original Contract and/or any of the amendments thereto, the terms and provisions of this Third Amendment shall control and govern the rights and obligations of the parties. IN WITNESS of this Contract, the parties enter into this Third Amendment on the year and day first above written. "COIVTRACTOR" "CI'TY" MERCHANTS BUILDING MAINTENANCE, CITY OF ORANGE,a municipal corporation LLC, a California limited liability company - . *gy, gY; Printe ame; 5 'ck Otto, City Manager Title: *By: APPROVED AS TO FORM Printed a e:_� • Title: � ary . eatz Senio ssistant i ey *NOTE: The City requires the following signature(s)on behalf of the Contractor: — (l) the Chairman of the Board, the President or a Vice-President,AND(2) the Secretary, the Chief Financial Offtcer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer ezists or one corporate officer holds more than one corporate o�ce,please so indicate. OR -- The corporate officer named in a carparate resolution as authorized to enter into this Contracx A copy of the corporate resolution,certified by the Secretary close in time to the ezecution of the Contract,must be provided to the City. 2 Attachment E-Page 2 of 5 EXHIBIT"A" SUPPLEMENTAL SCOPE OF SERVICES [Behind this page.] Attachment E-Page 3 of 5 � merchants building maintenance Since 1961 - March 12,2018 Don Equitz $r. Landscape Project Coordinator City of Orange RE:Yorba Park Restrooms Dear Mr. Equitz, T'hank you for allowing Merchants Building Maintenance the opportunity to supply,the following proposal, for 7 times per week janitorial service at the above location. The monthly price will be: i Six hundred seven dollars and zero cerrts—($687.00) . Should you have any questions or require further information please feel free to give me a call at{714}973-9272,Fax(714)973-2124. Sincerel . f odriguez , Branch Manager � Merchants Building Maintenance Approved by Date 1639 E Edin6cr A�•e unit C.',Santa Ana,CA 92705(7I4)973-9273 I�ae(71�)973-3124 Attachment E-Page 4 of 5 Supplemental Scope of Services for Merchants Building Maintenance Services (2018-2019 Fiscal Year) 1. Additional location added to daily routine:Yorba Park (190 S. Yorba St:, Orange) • Restroom servicing (7 days per week) $687.00/month x 12 months $8,244.00 2. Additional senior center facility cleaning(on-cali basis) $2,500.00 Total Increase for Fiscal Year 2017-2018 $10,744.00 Attachment E-Page 5 of 5 CITY COiJNCIL MINUTES NOVEMBER 13, 2018 2. PUBLIC COMMENTS (Continued) Don Bradly, Orange Park Acre Association(OPA)President—spoke regarding a proposed East Orange Loop multi-use trail and reported that OPA is working on getting financing for the project, and requested the City to draft a letter of support for submittal with the grant proposal. Sharon Mule—spoke in support of the East Orange Loop multi-use trail. Laura Thomas—spoke in support of the East Orange Loop multi-use trail. Mark Mayes—spoke in support of the East Orange Loop multi-use trail. Eugene Fields — spoke in opposition to the City of Orange funding a homeless shelter in the City. 3. CONSENT CALENDAR All items on the Consent Calendar are considered routine and axe enacted by one motion approving the recommended action listed on the Agenda. Any member of the City Council, staff or the public may request an item be removed from the Consent Calendar for discussion or separate action. Unless otherwise specified in the request to remove an item from the Consent Calendar, all items removed shall be considered immediately following action on the remaining items on the Consent Calendar. 3.1 Confirmation of warrant registers dated October 4, 12, 26, and November 1, 2018. (C2500.J.1.7) ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of October 9, 2018; and Special Meeting of October 23,2018. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Monthly Treasurer's Reports for July,August, and September 2018. (C2500.F) � ACTION: Received and filed. 3.5 Agreement with CSA Holdings, Inc. for maintenance and renovation of City sports fields. (A2100.0; AGR-6662) ACTION: Approved agreement with CSA Holdings, Inc. in an amount of$300,000; and authorized the Mayor and City Clerk to execute on behalf of the City. 3.6 Fourth Amendment to Agreement No.6267.B with Merchants Building Maintenance, LLC,for additional labor costs for custodial cleaning services in City parks.(A2100.0; AGR-6267.B.4) ACTION: Approved the amendment with Merchants Building Maintenance, LLC, in the amount of$32,190; and authorized the Mayor and City Clerk to execute on behalf of the City. PAGE 3