HomeMy WebLinkAbout08 - JSA for Janitorial Services at Piers and DocksQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
June 25, 2024
Agenda Item No. 8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Paul Blank, City Harbormaster - 949-270-8159,
pblank@newportbeachca.gov
PREPARED BY: Melanie Franceschini, Management Analyst - 949-644-3028,
mfranceschini@newportbeachca.gov
TITLE: Janitorial Services Agreement with Quality Commercial Cleaning,
Inc., DBA Spectrum Facility Maintenance for Janitorial Services at
Piers and Docks
ABSTRACT:
The Harbor Department issued a Request for Proposals (RFP) for janitorial services at
piers and docks in the spring of 2024 and received four responses from experienced
janitorial and/or harbor service providers. Staff recommends that the City Council award
the Janitorial Services Agreement to Quality Commercial Cleaning, Inc., DBA Spectrum
Facility Maintenance for a proposed three-year term, with the option of two, one-year
renewals.
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 Janitorial Services Agreement with Quality Commercial Cleaning, Inc.,
DBA Spectrum Facility Maintenance for Janitorial Services at Piers and Docks at a
not -to -exceed cost of $235,000 for a proposed three-year term, with the option of two,
one-year renewals; and
c) Authorize the Mayor and City Clerk to execute the agreements.
DISCUSSION:
The Harbor Department oversees the maintenance and upkeep of 15 public docks and
piers. Recurring janitorial services at these locations is paramount in order for the City to
provide clean, safe and well -maintained harbor access to the public.
On a weekly basis, all public docks and gangways leading to the docks need to be
thoroughly cleaned, with all surfaces washed down, decks scrubbed, trash/debris
removed, fishing cut boards cleaned, bird droppings removed, pile caps cleaned, and
exterior housings of the pump out equipment cleaned, where applicable. On a quarterly
basis, the decorative fiberglass pile caps need to be polished and waxed and the teak
handrails oiled.
8-1
Janitorial Services Agreement with Quality Commercial Cleaning, Inc., DBA
Spectrum Facility Maintenance for Janitorial Services at Piers and Docks
June 25, 2024
Page 2
The Harbor Department requires janitorial service providers to use cleaning products that
are environmentally friendly, non -toxic and biodegradable, causing no harm to aquatic
life, water quality or the ecosystem. Ingredients such as baking soda/salt or white vinegar
mixed with fresh water are recommended to clean and scrub the gangways, floats, decks
and other topside areas. Cider vinegar with baby oil is recommended to polish chrome.
Minimal water is to be used in the maintenance of the docks and piers. When required,
wash water should be recovered by using mops and/or sponges to prevent cleaning
material from entering the harbor.
Several of the docks and piers are scheduled to be rebuilt in phases in the coming years.
During these phases, certain docks and piers will not be accessible and will not need
cleaning services; therefore, the number of docks and piers in need of services will
fluctuate during the term of this proposed agreement.
RFP Process and Selection
RFP No. 24-57 was distributed to multiple firms and publicly posted on March 19, 2024,
with a due date of April 16, 2024. Evaluations were conducted by a panel of three City
staff members using a qualifications -based selection process. Each proposal was scored
on a combination of experience and qualifications (70% of total score) and cost (30% of
total score). Selection criteria included:
• Experience of the proposer, including references and project history;
Qualifications of the proposer, including personnel, equipment, training and
certification to perform the requested services; and
• Subject matter expertise and ability to perform the requested services.
Of the four submitted responses, only two passed from the technical review on to the cost
ratio analysis evaluation.
Evaluation Scores:
MCS Municipal Contract
Spectrum Facility
Solutions LLC
Maintenance
Technical Score
63.33
54
(Out of 70):
Cost Ratio Score
11.16
30
(Out of 30):
Aggregate Score
74.49
84
(Out of 100):
Overall Rank:
2
1
8-2
Janitorial Services Agreement with Quality Commercial Cleaning, Inc., DBA
Spectrum Facility Maintenance for Janitorial Services at Piers and Docks
June 25, 2024
Page 3
Recommendation
Following the procurement evaluation and review process, the Harbor Department is
recommending Quality Commercial Cleaning, Inc. DBA Spectrum Facilities Maintenance
to provide pier and dock janitorial services.
Spectrum Facility Maintenance is currently the incumbent service provider for pier and
dock janitorial services, in addition to providing steam cleaning services for various
locations in the city, including Newport Pier and Balboa Pier through a separate,
Public Works Department contract. The contractor has trucks equipped with a clean water
tank and a separate dirty water tank, allowing it to vacuum/pump all wastewater and haul
the dirty water away for proper disposal. Greywater is prohibited in Newport Harbor per
Newport Beach Municipal Code — Title 17.
In addition to the regularly scheduled cleaning services, this agreement also contains
provisions for as -needed, on -call cleaning services. Spectrum Facility Maintenance has
several crews working in the Orange County region, ready to assist, should the need
arise.
Under this proposed agreement, the Harbor Department will continue to have a dedicated
supervisor from Spectrum Facility Maintenance to oversee the assigned crew and ensure
task completion. The crew takes pictures of each work site before and after service. The
supervisor provides on -site walks and service inspections.
FISCAL IMPACT:
The adopted budget includes sufficient funding for this service. It will be expensed to the
Maintenance and Repair account in the Harbor Department, 10045451-851037.
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 — Janitorial Services Agreement with Spectrum Facility Maintenance
8-3
ATTACHMENT A
JANITORIAL SERVICES AGREEMENT
WITH QUALITY COMMERCIAL CLEANING, INC. DBA SPECTRUM FACILITY
MAINTENANCE FOR
JANITORIAL SERVICES AT PIERS AND DOCKS
THIS JANITORIAL SERVICES AGREEMENT ("Agreement") is made and entered
into as of this 1st day of July, 2024 ("Effective Date"), by and between the CITY OF
NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
QUALITY COMMERCIAL CLEANING INC., a California corporation doing business as
("DBA") Spectrum Facility Maintenance ("Contractor"), whose address is 1326 Border
Ave., Torrance, CA 90501-2803, 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 June 30, 2027, unless terminated earlier as set forth herein. Additionally,
the term of this Agreement shall automatically extend for up to two (2) additional one (1)
year terms, each commencing upon the expiration of the immediately preceding term,
unless the City, in its sole and absolute discretion, provides written notice to Contractor,
at any time, that the Agreement shall cease to be renewed. Notwithstanding the
foregoing, the term of this Agreement, including all extensions, shall not exceed June 30,
2029.
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.
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,
and including both the initial term and any additional renewal terms, shall not exceed Two
Hundred Thirty Five Thousand Dollars and 00/100 ($235,000.00), without prior written
amendment to the Agreement.
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance Page 2 8.5
4.2 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.
4.3 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.
4.4 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 Mario Costa 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.
6. ADMINISTRATION
This Agreement will be administered by the Harbor Department. City's
Harbormaster 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.
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance Page 3 8.6
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 and all persons
and entities owning or otherwise in legal control of the property upon which Contractor
performs the Project and/or Services 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 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 and/or Services 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 and/or
Services, 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, employees, and any person or entity owning or otherwise in legal control of
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance Page 4 8_7
the property upon which Contractor performs the Project and/or Services contemplated
by this Agreement (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 or willful 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.
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,
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance Page 5 s-s
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. 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.
16. 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
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance Page 6 8-9
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.
17. 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.
18. 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.
19. 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.
20. 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
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance Page 7 8-10
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.
21. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
22. CONFLICTS OF INTEREST
22.1 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.
22.2 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.
23. NOTICES
23.1 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.
23.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Harbormaster
Harbor Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
23.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Mario Costa
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance
1326 Border Ave
Torrance, CA 90501-2803
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance Page 8 8-11
24. 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
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.).
25. TERMINATION
25.1 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.
25.2 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.
26. LABOR
26.1 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.).
26.2 Contractor shall comply with all applicable provisions of the California Labor
Code, including the Displaced Janitors Opportunity Act (Labor Code §§1060-1065).
26.3 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.
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26.4 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.
26.5 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
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
27. STANDARD PROVISIONS
27.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
27.2 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.
27.3 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.
27.4 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.
27.5 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.
27.6 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.
27.7 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.
27.8 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.
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance Page 10 8-13
27.9 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.
27.10 Equal Opportunity Employment. 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.
27.11 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.
27.12 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]
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance Page 11 8-14
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:
By:
ron C. Harp V
City Attorney "13i;
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Will O'Neill
Mayor
CONTRACTOR: QUALITY
COMMERCIAL CLEANING INC., a
California corporation doing business as
("DBA") Spectrum Facility Maintenance
Date:
By: By:
Leilani 1. Brown Mario Costa
City Clerk Chief Executive Officer, Secretary,
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance Page 12 8-15
EXHIBIT
SCOPE OF SERVICES
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance Page A-1 8-16
EXHIBIT A
SCOPE OF SERVICES
Description:
Specific tasks for weekly and quarterly cleaning services at the public docks in Newport Harbor:
FREQUENCY
SERVICE
Weekly All public docks and gangways leading to the docks are
cleaned (all surfaces washed down, decks scrubbed,
trash/debris removed, fishing cut boards cleaned,
exterior housings of pumpout equipment cleaned, pile
caps cleaned, bird dropping removed, etc.)
Quarterly Decorative fiberglass pile caps are to be polished using
a polishing compound and foam buffing pad followed
by a waxing applied by hand and wiped off with a
terrycloth towel. Teak handrails on approaches and
gangways are to be lightly sanded and re -oiled. A
picture of a decorative pile cap is provided below for
visual reference:
Blue Finials
mark Public
Docks
1. Contractor must provide any and all supplies and materials required to perform the
requested services. The City will not provide any cleaning supplies or related materials.
2. Contractor shall make accommodations as to ensure that water is available for cleaning
purposes. Some docks have water hookups and Contractor shall be permitted to access
water, but most locations have no such provisions.
3. There is typically not a lot of stray trash or debris — but when found, Contractor shall remove
such materials/refuse from the site — most areas do not have access to dumpsters of any kind.
4. Contractor must use cleaning products that are environmentally friendly, non -toxic and
biodegradable, which does not harm aquatic life, water quality or the ecosystem. Greywater
is prohibited in Newport Harbor per Municipal Code — Title 17.
8-17
The City recommends the following:
■ Baking soda or salt to scrub the floors, decks and other topside areas;
■ White vinegar mixed with fresh water to clean floors
■ Hydrogen peroxide (replacing bleach) when a whitening agent is necessary
■ Using as little water as possible and attempting to recover wash water by using
mops or sponges. Doing so keeps the removed material out of the harbor.
The City's Harbor Department oversees the maintenance and upkeep of fifteen (15) public docks
and piers. Recurring janitorial services at these locations is critical for their upkeep and
accessibility to the public.
Please note — several of the docks/piers will be rebuilt in phases in the coming years. During
these phases, certain docks will not be accessible and will not need cleaning services, therefore
the number of docks and piers in need of services will fluctuate during the term of this Agreement.
The piers/docks to be cleaned, maintained and upkeep, are the following, as shown on the
following maps:
• 15th Street & American Legion Pump -Out
• 19th Street Public Dock
• 29th Street Public Dock
• Balboa Marina Public Dock
• Central Ave Public Dock
• Coral Ave Public Dock
• Emerald Ave Public Dock
• Fernando Street Public Dock & Pump -Out
• M Street Public Dock
• Opal Avenue Public Dock
• Park Ave Public Dock
• Rhine Public Dock
• Sapphire Ave Public Dock
• Washington St Public Dock & Pump -Out
8-18
20 MINS
ap Ce Z
Z o x [72 HRS
� M Z (A ' limitcr) M HRS
Z
72 HRS
Notes: For Maintanence
call (449) 270-8159
15TH STREET & AMERICAN LEGION PUMP —OUT ar�
City of Newpors Beach
GIs Division
tlD Pumpout Station March 13, 2C24
Horhor Pa6li�ocks StreetView.mad
8-19
1
�1
- 20 MINS
= 72 HRS v, 2
M
72 HRS
72 HRS
D
y
f�
0 11.5 7.
Feel
Notes: For Maintanence 04".
call (949) 270-8159 X 19TH STREET PUBLIC DOCK
�� City of Newport Beach
GIS Division
�p Pumpout Station March 13, 2024
Harbor Public)ocks StreerVi--d
a�
s
29TH ST
�r
poet r
J
Notes: For Maintanence
call (949) 270-8159
29TH ST PUBLIC DOCK J'
City of Ne'porr Beach
GIS Division
Pumpout Station March 13, 2024
Hor6or Nbll,Docks StrcerVicW.mxd
eO 12.5 75
Fc
` Notes: anence
call (949) 9) 27070-81 59
BALBOA MARINA PUBLIC DOCK
Ciry of Newport Beach
GIS Division
ap Pumpout Station March 13, 2024
8-22
3 HRS
26'-30' ONLY
�
Z
N
O
O
IV
Z
ti
i
a�
4
w
U
rzs u
Fcct
Notes: For Maintanence
call (949) 270-81 59
CENTRAL AVE
PUBLIC DOCK
City of Newport Beach
d� Pumpout Station
GIS Division
March 13, 2024
-arbcr FublicDacks 51reelViewmxd
BAY-FRONT-S
i
I
f
l�
24 HRS 24 HRS
ti w
A
Z S
L 20 MINS
`.-_ ....__ .. � 12.1
�a�Feat
Notes: For Maintanence��w�
call (949) 270-81 S9
a d
CORAL AVE PUBLIC DOCK
City of Newport Beach
OGIS
d Pumpout Station
v
Division
March 13,2024
Harbor Fnbtd).,ks SI—Wi.--d
20 MINS
w Cl)
24 HRS 24 HRS
mom
BAY-FRONT-N
a�
O
12.5 ]5
Fuul
Notes: For Maintanence
a
call (949) 270-8159 ,+
V yµ,
EMERALD AVE PUBLIC DOCK
City of Newport Beach
OGDivision
°p Pumpout Station March 13,2024
Hcrbar PubllcDccks StreeMew.msd
20 MINS
° d cn
x �
M M
72 HRS 72 HRS
j I
72 HRS 72 HRS
f
N
�4Gf�'ATERq�� O `\ -
F hl
Wf
Notes: For Maintanence D���W
call (949) 270-8159 1
V s
FERNANDO STREET PUBLIC DOCK & PUMP -OUT
City of Newport Beach
�.` GIS Division
�p Pumpout Station March 13, 202A
Hnrbor NbltcDocks StreerView.mad
_4
Notes: For Nlaintanence �cY
call (949) 270-$159
M STREET PUBLIC DOCK
Cify of Newport Beach
G1S Division
�p Pumpout Station March 13, 2024
8-27
3 HRS-
x
O �
Z OPAL AVE
� N
A
3 HRS
Notes: For Maintartence
call (949) 270-8159 1 c\ ,
OPAL AVENUE PUBLIC DOCK
City of Newport Beach
GIS Division
��� dD Pumpout Station M9rch 13, 2024
20 MINS
V) V)
z z
24 HRS 24 HRS
1
1,
r
BAY• FRO NT-E
Fucr
7
Notes: For �c£ a
call (949) 27070-8181 59 59 �
PARK AVE PUBLIC DOCK
CNy of Newport Beach
GIS fJivision
Pumpout Station
March 13, 2024
Harbor Publicoocks StrceNicw.med
no
LIDO PARK DR
Rhine
Wharf Park
RHINE-THE
Lu
W
H
_
O
z
3 HR
F«I
Notes: For Maintonence
call (949) 270-81 59
RHINE PUBLIC DOCK
Oty of Newport Bench
�
aD Pumpout Station
GIS Division
March 13, 2024
Harbor PvbikD.1h S1 a 1Vi.w. d
8-30
3
`moo
�Y
i
s�
Ci
Feel / N
i
dotes: For Maintanence
call (949) 270-8159 jti
SAPPHIRE AVE PUBLIC DOCK
City of Newport Beach
ion
March o13,S2024 Pumpout Station
Horhor Po611rIDocks StrecfView.mad
8-31
20 MINS
Z
� z
C
24 HRS 24 �lRS
j I
L�
I
f
EDGEWATER PL
in
z
O
z 4
x 4
o iz.s �5 3
Feet f
Notes: For Maintanence JI (Ofs""DF,
call (949) 270-8159 WASHINGTON ST PUBLIC DOCK & PUMP -OUT
City of Newport Beach
GIS Division
�p Pum pout Station March 13, 2024
Harbor Pub[icDocks Streetwew—d
8-32
EXHIBIT B
SCHEDULE OF BILLING RATES
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance Page B-1 8-33
EXHIBIT B
SCHEDULE OF BILLING RATES
SCHEDULED SERVICES: The following is the pricing for Contractor to provide all routine services:
City of Newport Beach
2024 Janitorial Services Dock Area
Dock Name
Price Per
Month
Per Dock
Year
Year 2
Year 3
Year 4
Year 5
Quarterly Wax
and Teak Year 1
Year 2
Year 3
Year 4
Year 5
15th Street & American Legion Pump -Out
$325.00
$329.17
$333.33
$335.83
$338.33
$93.00
$98.37
$103.73
$107,31
$110.88
19th Street Public Dock
$250.00
$253.21
$256.41
$258.33
$260,26
$93.00
$98.37
1 $103.73
$107.31
$110.88
29th Street Public Dock
$250.00
$253.21
$256.41
$258.33
1 $260.26
$91.00
$96.25
$101.50
$105.00
$108.50
Balboa Marina Public Dock
$310.00
$313.97
$317.95
$320.33
$322.72
$93.00
$98.37
$103.73
$107.31
$110.88
Central Ave Public Dock
$200.00
$202.56
$205.13
$206.67
$208.21
$93.00
$98.37
$103.73
$107.31
$110,88
Coral Ave Public Dock
$255.00
$258.27
$261.54
$263.50
$265.46
$93.00
$98.37
$103.73
$107.31
$110.88
Emerald Ave Public Dock
$230.00
$232.95
$235.90
$237.67
$239.44
$93.00
$98.37
$103.73
$107.31
$110,88
Fernando Street Public Dock & Pump -Out
$310.00
$313.97
$317.95
$320.33
$322.72
$93.00
$98.37
$103.73
$107.31
$110.88
M Street Public Dock
$190.00
$192.44
$194.87
$196,33
$197.79
$93.00
$98.37
$103.73
$107.31
$110.88
Opal Avenue Public Dock
$170.00
$172.18
$174.36
$175.67
$176.97
$93.00
$98.37
$103.73
$107.31
$110.88
Park Ave Public Dock
$170.00
$172.18
$174.36
$175.67
$176,97
$93.00
$98.37
$103.73
$107.31
$110.88
Rhine Public Dock
$190.00
$192.44
$194.87
$196.33
$197.79
$93.00
$98,37
$103.73
$107.31
$110.88
Sapphire Ave Public Dock
$190.00
$192.44
$194.87
$196.33
$197.79
$93.00
$98.37
$103.73
$107.31
$110,88
Washington St Public Dock & Pump -Out
$210.00
$212.69
$215.38
$217.00
$218.62
$93.00
$98.37
$103.73
$107.31
$110.88
Total Price Per Month
$3,250.00
$3,291.67
$3,333.33
$3,358.33
$3,383.33
Total
(quarter
ly Price
$1,300.00
$1,375.00
$1,450.00
$1,500.00
$1,550,00
Total Annual Price
$39,000.00
$39,500.00
$40,000.00
$40,300.00
$40,600.00
Total
Annual
Piice
$5,200.00
$5,500.00
$5,800.00
$6,000,00
AL
$6,200.00
Pricing includes labor, materials, supervision and insurance to be compliant with the requirements indicated in the Scope of Services. Several
of the docks/piers will be rebuilt in phases in the coming years. During these phases, certain docks will not be accessible and will not need
cleaning services. Therefore, the number of docks and piers in need of services will fluctuate during the term of this agreement. The price
charged shall be reduced on a pro-rata basis for any docks/piers that are not serviced due to closures.
ON -CALL SERVICES: Any additional, as -needed, on -call janitorial services will be provided at a rate of $34.50 per hour.
ME
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, employees, and
any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services
contemplated by this Agreement.
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 two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) 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).
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance Page C-1 8-35
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
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Pollution Liability Insurance. If required, Contractor shall maintain a policy
providing contractor's pollution liability ("CPL") coverage with a total limit of
liability of no less than one million dollars ($1,000,000) per loss and two
million dollars ($2,000,000) in the aggregate per policy period. Claims -
made policies require a 5-year extended reporting period. The CPL policy
shall include coverage for cleanup costs, third -party bodily injury and
property damage, including loss of use of damaged property or of property
that has not been physically injured or destroyed, resulting from pollution
conditions caused by contracting operations. Coverage as required in this
paragraph shall apply to sudden and non -sudden pollution conditions
resulting from the escape or release of smoke, vapors, fumes, acids, alkalis,
toxic chemicals, liquids, or gases, waste materials, or other irritants,
contaminants, or pollutants. The CPL shall also provide coverage for
transportation and off -Site disposal of materials. The policy shall not
contain any provision or exclusion (including any so-called "insured versus
insured" exclusion or "cross -liability" exclusion) the effect of which would be
to prevent, bar, or otherwise preclude any insured or additional insured
under the policy from making a claim which would otherwise be covered by
such policy on the grounds that the claim is brought by an insured or
additional insured against an insured or additional insured under the policy.
4. Other Insurance Requirements. 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,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement 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,
employees, and any person or entity owning or otherwise in legal control of
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance Page C-2 8-36
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement 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
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
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance Page C-3 8-37
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.
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.
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance Page C-4 8-38