HomeMy WebLinkAbout13 - Window Washing and Exterior Cleaning Services — M/RSAQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
August 22, 2023
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Kyle Brodowski, Fleet and Facilities Manager
kbrodowski@newportbeachca.gov
PHONE: 949-718-3464
TITLE: Window Washing and Exterior Cleaning Services — Maintenance
and Repair Agreement with Crown Building Services, Inc.
ABSTRACT -
On June 8, 2023, Public Works staff published a Request for Bids (RFB 23-76) to provide
necessary window washing and exterior cleaning services for the Newport Beach Civic
Center complex, Central Library, Marina Park, Community Youth Center, and the Police
Department. On the closing date of June 30, 2023, a total of two bids were received.
Crown Building Services, Inc. was the lowest qualified bidder. Staff now requests City
Council approval for a five-year agreement with Crown Building Services, Inc. for a total
not -to -exceed contract amount of $401,000.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Approve a five-year Agreement with Crown Building Services Inc. to provide Window
Washing and Exterior Cleaning Services for a total not -to -exceed amount of $401,000;
and
c) Authorize the Mayor and City Clerk to execute the agreement.
DISCUSSION:
The Public Works Department oversees the cleaning of exterior and interior glass at
various City of Newport Beach facilities, in addition to the roof panels, outdoor siding,
trellis and the large sail at the City Council Chambers. The Civic Center complex contains
approximately 100,000 square feet of office space, 600 panels of store front glass,
approximately 2,500 panels of exterior glass, and 22 skylights. Exterior glass is a
distinctive architectural feature of the Civic Center, Council Chambers, Community Room
and the San Miguel Pedestrian Bridge.
13-1
Window Washing and Exterior Cleaning Services — Maintenance and
Repair Agreement with Crown Building Services, Inc.
August 22, 2023
Page 2
The window cleaning schedules for the Civic Center vary between quarterly and annually
depending on the location of the windows. For example, outdoor glass is cleaned
quarterly, while the large interior windows on the east side of the building are cleaned
twice yearly. The interior windows on the west side and the office space and partition
glass are cleaned annually. Outdoor cleaning of other surfaces (trellis, louvers, canopies,
furniture, etc.) vary between quarterly and annually depending on the specific items to be
cleaned, and weather events.
Window washing services at Marina Park and the Community Youth Center are handled
on a quarterly basis for exterior windows including the lighthouse glass, and annually for
interior windows. The Police Department Headquarters receives window washing
services on a semi-annual basis. While there is a general plan for cleaning frequencies,
staff can adjust the final schedule with the contractor based on need.
The current agreement for window washing services with Crown Building Services, Inc.
was issued on April 26, 2016 and expires on April 26, 2024. The not -to -exceed amount
of $478,000 will not be sufficient to provide window washing services for the remainder
of the term. The average monthly cost is running just over $5,400. The current agreement
spans a term of eight years, during which additional services were needed and the
frequency of cleanings increased at certain locations. These changes were not
anticipated in the original scope of services; therefore, contractual spending limits will be
reached before the contract term expires. With a better understanding of the facilities'
window cleaning needs, a new scope of service was developed to include these
enhanced services to maintain the necessary level of detail and frequency.
On June 8, 2023, Public Works Department staff published a Request for Bid
(RFB 23-76) to provide all necessary window washing and exterior cleaning services for
the Civic Center, Central Library, Marina Park, Community Youth Center, and the Police
Department. On the closing date of June 30, 2023, a total of two bids were received.
Crown Building Services, Inc. was the lowest qualified bidder with estimated annual costs
of $70,000 per year for routine maintenance.
RANK
PROPOSER
BID AMOUNT
1
Crown Building Services, Inc.
$69,882.00
2
Bumper to Bumper
$79,320.00
Staff requests City Council approval for an agreement with Crown Building Services, Inc.
for a five-year term and a total not -to -exceed contract amount of $401,000. The proposed
not -to -exceed amount of $401,000 includes annual CPI adjustments and annual on -call
allowances of approximately $7,000 for additional cleaning services that occasionally
arise due to inclement weather or other unforeseen conditions.
FISCAL IMPACT:
The adopted operating budget includes sufficient funding for this agreement. Services will
be expensed to the following Maintenance and Repair accounts in the Public Works
Department, 0108041-851016, the Recreation Department 0107023-85106, and Police
Department 01035352-851016. Funding for future years will be included in the
development of the proposed budgets.
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Window Washing and Exterior Cleaning Services — Maintenance and
Repair Agreement with Crown Building Services, Inc.
August 22, 2023
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Crown Building Services, Inc. Agreement
13-3
ATTACHMENT A
JANITORIAL SERVICES AGREEMENT
WITH CROWN BUILDING SERVICES, INC. FOR
CIVIC CENTER WINDOW WASHING SERVICES
THIS JANITORIAL SERVICES AGREEMENT ("Agreement") is made and entered
into as of this 22nd day of August, 2023 ("Effective Date"), by and between the CITY OF
NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
CROWN BUILDING SERVICES INC., a California corporation ("Contractor"), whose
address is 1558 S. Anaheim Blve, Suite F, Anaheim, CA 92805, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform janitorial services for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the janitorial services described in this Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on August 1, 2028, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). As a material inducement to City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and Contractor is
experienced in performing the Work contemplated herein and, in light of such status and
experience, Contractor covenants that it shall follow community professional standards
with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances, in performing
the Work required hereunder, and that all materials will be of good quality.
13-4
2.2 Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Contractor to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Except as
otherwise provided herein, no rate changes shall be made during the term of this
Agreement without the prior written approval of City. Contractor's compensation for all
Services performed in accordance with this Agreement, including all reimbursable items,
shall not exceed Four Hundred One Thousand Dollars and 00/100 ($401,000.00),
without prior written amendment to the Agreement.
4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be adjusted in proportion to changes in the Consumer Price Index, subject to the
maximum adjustment set forth below. Such adjustment shall be made by multiplying the
Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the
Consumer Price Index for the calendar month three (3) months preceding the calendar
month for which such adjustment is to be made, and the denominator of which is the value
of the Consumer Price Index for the same calendar month immediately prior to Effective
Crown Building Services, Inc. Page 2 13-5
Date. The Consumer Price Index to be used in such calculation is the "Consumer Price
Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles -
Riverside -Orange County Metropolitan Area, published by the United States Department
of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price Index is no
longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. In no event, however, shall the amount payable under this
Agreement be reduced below the Billing Rates in effect immediately preceding such
adjustment. The maximum adjustment increase to the Billing Rates, for any year where
an adjustment is made pursuant to this Section, shall not exceed the Consumer Price
Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment,
whichever is less.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement, or specifically approved in writing in advance by
City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Marius Opre to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
Crown Building Services, Inc. Page 3 13-6
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Director of Public Works or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
Crown Building Services, Inc. Page 4 13-7
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence orwillful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
Crown Building Services, Inc. Page 5 13-8
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PREVAILING WAGES
15.1 If any of the Work contemplated under the Agreement is considered a
"public work", pursuant to the applicable provisions of the Labor Code of the State of
California, including but not limited to Section 1720 et seq., not less than the general
prevailing rate of per diem wages including legal holidays and overtime Work for each
Crown Building Services, Inc. Page 6 13-9
craft or type of workman shall be paid to all workmen employed on such. In accordance
with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations
has ascertained the general prevailing rate of per diem wages in the locality in which the
Work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the Agreement. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department
of Industrial Relations. The Contractor is required to obtain the wage determinations from
the Department of Industrial Relations and post at the job site the prevailing rate or per
diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her
to comply with all State of California labor laws, rules and regulations and the parties
agree that the City shall not be liable for any violation thereof.
15.2 In such event, unless otherwise exempt bylaw, Contractor warrants that no
contractor or subcontractor was listed on the bid proposal for the Services that it is not
currently registered and qualified to perform public work. Contractor further warrants that
it is currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work."
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
Crown Building Services, Inc. Page 7 13-10
18. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
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23. CONFLICTS OF INTEREST
23.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
23.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
24.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
24.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Marius Opre
Crown Building Services, Inc.
1558 S. Anaheim Blvd, Suite F
Anaheim, CA 92805
25. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
Crown Building Services, Inc. Page 9 13-12
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
26. TERMINATION
26.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
26.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
27. LABOR
27.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
27.2 Contractor shall comply with all applicable provisions of the California Labor
Code, including the Displaced Janitors Opportunity Act (Labor Code §§1060-1065).
27.3 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
27.4 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
27.5 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
Crown Building Services, Inc. Page 10 13-13
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
28. STANDARD PROVISIONS
28.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
28.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
Crown Building Services, Inc. Page 11 13-14
28.10 Equal Opportunity Employ. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Crown Building Services, Inc. Page 12 13-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: zi�/Z/
By:
n C. Harp
Ci y Attorney
ATTEST:
Date:
la
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Noah Blom
Mayor
CONTRACTOR: CROWN BUILDING
SERVICES, INC. , a California
corporation
Date:
By:
Marius Opre
Chief Executive Officer/Chief Financial
Officer
Date:
AA
Jason Maslach
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A -- Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Crown Building Services, Inc. Page 13 13-16
EXHIBIT A
SCOPE OF SERVICES
Crown Building Services, Inc. Page A-1 13-17
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SERVICE SPECIFICATIONS
CIVIC CENTER WINDOW WASHING SERVICES
■ DESCRIPTION OF PROJECT
o Contractor shall furnish all labor, equipment, materials, and supervision to perform
window and exterior washing services as described herein including, but not limited to,
the following:
■ Clean all window and exterior surfaces in the manner and timetable outlined while
providing the highest industry standards and maintaining a safe work environment.
■ WORKING HOURS
o Normal working hours shall be between the hours of 7:00 a.m. and 5:30 p.m., Monday
through Thursday; and 7:00 a.m. to 4:30 p.m., Friday.
■ WORKMANSHIP AND SUPERVISION
o Contractor shall bring to the attention of the City's Project Manager, or designee, any
window damage no later than the following day after discovery.
o Contractor shall designate a Project Manager that will by the City's main contact for this
project. This contact shall be made available to perform follow-up inspections with City
staff or to address service issues.
o Maintain all work sites free of hazards to persons and/or property resulting from the
Contractor's operations. Any hazardous condition noted by the Contractor, which is not
a result of the Contractor's operations, shall be immediately reported to the City.
Contractor shall be responsible for removing and cleaning any and all debris that occurs
as a result of its operations under this Agreement.
13-18
FACILITY: CIVIC CENTER
o BUILDING OVERVIEW
o The Newport Beach Civic Center is located on 100 Civic Center Drive. The Civic Center
consists of office space measuring approximately 88,000 square feet and the City Council
Chambers and Community Room measuring approximately 12,000 square feet. Exterior
glass is a distinct architectural design of the entire Civic Center and is featured
prominently on all of the buildings. The main office space at the Civic Center consists of
five (S) Bays, A-E, each with two floors.
o GLASS AND WINDOW CALCULATING SITE LOCATIONS
o The Civic Center consists of office space measuring approximately 88,000 square feet and
the City Council Chambers and Community Room measuring approximately 12,000
square feet. Exterior glass is a distinct architectural design of the entire Civic Center and
is featured prominently on all buildings.
o For purposes of this Project, glass shall be presented in the form of square feet, as follows:
■ Office Space and Community Room: approximately 38,500 square feet
■ Council Chambers: approximately 1,900 square feet, plus "Sail" and skylight.
o See Appendix B for Elevation Sheets from the Civic Center's Architectural Plans for more
detailed dimensions.
o Contractor is encouraged to visit all sites in the cost file to verify glass type and square
footage estimates.
o Site Address
■ Civic Center/ Community Room/ Council Chambers
■ 100 Civic Center Dr, Newport Beach, CA 92660
■ Central Library
■ 1000 Avocado Ave, Newport Beach, CA 92660
■ Marina Park
■ 1600 Balboa Blvd W, Newport Beach, Ca 92663
■ Community Youth Center
■ 2816 5tn Ave. Corona Del Mar, CA 92625
■ Newport Police Department
■ 870 Santa Barbara Dr, Newport Beach, CA 92660
Scope of Services
13-19
o CLEANING SCHEDULE
o Contractor shall provide window washing and exterior surface cleaning services for
the Newport Beach Civic Center in accordance with the Cost File Cleaning schedule
o Contractor shall utilize best practices with regard to water conservation and
environmentally -friendly materials in performing work. The Civic Center is LEED Gold -
certified and any efforts in window washing and building maintenance in general
should adhere to these standards.
Cleaning of the community room must be scheduled around scheduled events
potentially before or after normal business hours.
o De -ionized water shall be used to clean all exterior surfaces.
o Liquid soap and water shall be used to clean interior surfaces.
o Contractor shall brush and rinse furniture and railings of second floor decks on Civic
Center building. There is one deck per bay, each deck faces Avocado Ave (Figure 5-A).
o Contractor shall wipe down any water spots that may form on I -Beams under the
second floor deck after rinsing off furniture and railing.
o Contractor shall deploy water capture methods to catch water and cleaning solution
and remove any standing water around the premises as result of the window or
exterior cleaning.
o Contractor shall be responsible for removing and cleaning any and all debris that
occurs as a result of its operations as a result of services requested in this scope of
work.
o Contractor shall touch up any runs/drips on glass once louvers have been cleaned.
o Contractor shall use Non -marking wheels on lift equipment to prevent any damage to
pavers.
o Contractor shall coordinate with City's project manager or designee in establishing
cleaning schedules; contractor shall remain flexible in working around scheduled
events.
o ROOF ACCESS
o City shall provide access to the Civic Center roof areas through access ladders located
in various second -floor storage and utility rooms. These access points are designed
for individuals with light equipment and tools. For all other purposes, roof access shall
Scope of Services
13-20
be facilitated through the use of lifts and lift equipment. Extension ladders shall only
be used where a lift or lift equipment cannot be deployed.
o CONTRACTOR REQUIREMENTS AND RESTRICTIONS
o The roof sections corresponding with each Bay have trellises as shown in Figure 4-A.
o Under no circumstances are any trellises to be stood upon or have any weight placed
upon them. Trellises are located on all sides of the building.
o Under no circumstances shall any Contractor crew worker stage on, walk on, stay on,
or suspend from any of the metal trellises within the complex.
o The underside of each wave formation on the exterior of the Civic Center contains
wood panels. Contractor shall not pressure wash these wood panels, as these panels
are only partially coated with a protective sealant.
o Each upstairs bay of the Civic Center contains ventilation windows, as indicated by the
red arrows in Figure 4-B. While cleaning these windows, the Contractor must have
their crew(s) safely restrained with tie-ons using the tie -on posts located on each bays
roof. The tie -on posts are indicated by the green arrow in Figure 4-13 and a more
detailed example is provided in Figure 4-C.
FROM THE TIME OF RFP OPENING UNTIL CONTRACT COMPLETION, CONTRACTOR
SHALL POSSES THE FOLLOWING CA STATE CONTRACTOR'S LICENSE: C-61/D-38 (SAND
AND WATER BLASTING CONTRACTOR)
Scope of Services
13-21
Figure 1-B: Community Room (Note: Bay A is behind (photo leftl of the Community Room)
Scope of Services
13-22
Scope of Services
13-23
M"
Fi_qure 4-A: Trellis (circled) Example
Ulm
Figure 4-B: Upstairs Ventilation Windows
Scope of Services
13-24
l
Scope of Services
13-25
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13-26
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13-28
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13-29
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13-30
EXHIBIT B
SCHEDULE OF BILLING RATES
Crown Building Services, Inc. Page B-1 13-31
Task
Frequency
Price per
Instance
Annual
Price
Wash Exterior Glass
Quarterly
$4,900.00
$19,600.00
Wash Louvers, Gray Wall Panels and Exterior Skylights
Wash Glass Rails and Hand Rails
Wash Rails and Outdoor Furniture on Second Floor Decks
Wash Trellises
Semi -Annually
$1,750.00
$3,500.00
Roof Cleaning
Annually
$6,200.00
$6,200.00
Exterior Beam Cleaning
Semi -Annually
$2,900.00
$5,800.00
San Miguel Pdestrian Bridge Glass
Quarterly
$150.00
$600.00
Deep Clean all Interior Glass, Inter -Office Glass (High and Low)
and Interior Skylights
Annually
$4,300.00
$4,300.04
Task
Frequency
Price per
Instance
Annual
Price
Wash Exterior Glass
Quarterly
$1,600.00
$6,400.00
Wash Louvers, Gray Wall Panels and Exterior Skylights
Wash Glass Rails and Hand Rails
Deep Clean all Interior Glass, Inter -Office Glass (High and Low)
Annually
$2,100.00
$2,100.00
COUNCILI
Task
'
Frequency
Price per
Instance
Annual
Price
Wash Exterior Glass
Quarterly
$490.00
$1,960.00
Wash Louvers, Gray Wall Panels and Exterior Skylights
Wash Glass Rails and Hand Rails
Wash Trellises
Semi -Annually
$150.00
$300.00
Wash Exterior "Sail" Surface of Council Chambers
Semi -Annually
$600.00
$1,200.00
Roof Cleaning
Annually
$350.00
$350.00
Deep Clean all Interior Glass, Inter -Office Glass (High and Low)
and Interior Skylights
Annually
$270.00
$270.00
COMMUN IW
Task
ROOM
Frequency
Price per
Instance
Annual
Price
Wash Exterior Glass
Quarterly
$600.00
$2,400.00
Wash Louvers, Gray Wall Panels and Exterior Skylights
Roof Cleaning
Annually
S350.00
I $350.00
Exterior Beam Cleaning Semi -Annually
$300.00
$600.00
Deep Clean all Interior Glass, Inter -Office Glass (High and Low)
and Interior Skylights
Annually
$450.00
$450.00
MARINA PARK
Price per Annual
Frequency Instance Price
Task
Wash Exterior Windows
Quarterly
$1,400.00
$5,600.00
Wash Upper Portion of Lighthouse Glass
Quarterly
$300.00
$1,200.00
13-32
Wash exterior windows of cafe I' floor only
QLlMzcri%
S 120.00
$480.00
Wash Interior Windows (All Glass Under T)
Annually
$750.00
$750.00
Wash Interior Glass of Two (2) Stairwells
Annually
$450.00
$450.00
Wash Interior High Glass Located in the "Sailing Bay" (Boom
Annually
$900.00
$900.00
Lift Required for Access
Wash interior window of the cafe I" floor only
Annually
5100.00
$100.00
R.
Price per
Annual
Task
Frequency
Instance
Price
ice
Wash Exterior Windows for the Newport Beach Police
Department Headquarters. All water-soluble items on glass to be
Scmi-Annually
$896.00
$1,792.00
washed.
YOUTHCOMMUNITY
Task
Frequency
Price per
Annual
Instance
Price
Wash Exterior Windows
QUL1r1erly
S350.00
$1,400.00
Deep Clean all Interior Glass, Inter -Office Glass (High and Low) Annually
$300.00 $300.00
and Interior Skylights. Dance room mirror
AS -REQUESTED CLEANING (EXTRAS)
Task jPrice per Instance
Hard Water Stain Removal (per window) $30.00
Wash Interior and Exterior Skylight at Central Library $500.00
13-33
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Crown Building Services, Inc. Page C-1 13-34
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Reguirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
Crown Building Services, Inc. Page C-2 13-35
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
Crown Building Services, Inc. Page C-3 13-36
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Crown Building Services, Inc. Page C-4 13-37